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HomeMy WebLinkAboutCSFO SEPA Checklist CompleteJefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 SEPA ENVIRONMENTAL CHECKLIST FOR PROPOSED AMENDMENTS TO THE JEFFERSON COUNTY CODE, TITLE 8 AND TITLE 18, RELATING TO COMMERCIAL SHOOTING FACILITIES IN UNINCORPORATED JEFFERSON COUNTY Page i Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Table of Contents Table of Contents .......................................................................................................................................... i A. Background .......................................................................................................................................... 1 1. Name of proposed project, if applicable ............................................................................................ 1 2. Name of applicant ............................................................................................................................. 1 3. Address and phone number of applicant and contact person ........................................................... 2 4. Date checklist prepared .................................................................................................................... 2 5. Agency requesting checklist ............................................................................................................. 2 6. Proposed timing or schedule (including phasing, if applicable) ........................................................ 2 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. ................................................................................................ 2 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. .................................................................................................... 2 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. ...................................... 2 10. List any government approvals or permits that will be needed for your proposal, if known. .......... 2 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.) ................ 3 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. .................................................................................................................................... 15 B. ENVIRONMENTAL ELEMENTS ....................................................................................................... 15 1. Earth ............................................................................................................................................... 15 2. Air ................................................................................................................................................... 20 3. Water .............................................................................................................................................. 22 4. Plants .............................................................................................................................................. 34 5. Animals ........................................................................................................................................... 37 6. Energy and Natural Resources ....................................................................................................... 39 7. Environmental Health ..................................................................................................................... 40 8. Land and Shoreline Use ................................................................................................................. 48 9. Housing .......................................................................................................................................... 57 10. Aesthetics ................................................................................................................................... 58 11. Light and Glare ........................................................................................................................... 61 Page ii Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 12. Recreation .................................................................................................................................. 63 13. Historic and cultural preservation ................................................................................................ 64 14. Transportation ............................................................................................................................. 69 15. Public Services ........................................................................................................................... 74 16. Utilities ........................................................................................................................................ 75 C. Signature ............................................................................................................................................ 77 D. Supplemental Sheet for Nonproject Actions ....................................................................................... 78 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? ........................... 78 2. How would the proposal be likely to affect plants, animals, fish, or marine life? .............................. 83 3. How would the proposal be likely to deplete energy or natural resources? ..................................... 86 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? ................................................................................. 88 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? ...................................... 90 6. How would the proposal be likely to increase demands on transportation or public services and utilities? ....................................................................................................................................... 92 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. .................................................................... 95 Page 1 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 SEPA ENVIRONMENTAL CHECKLIST FOR PROPOSED AMENDMENTS TO THE JEFFERSON COUNTY CODE, TITLE 8 AND TITLE 18, RELATING TO COMMERCIAL SHOOTING FACILITIES IN UNINCORPORATED JEFFERSON COUNTY Purpose of checklist: 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: 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 not apply" only 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 or 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: [help] 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 ACTIONS (part D). 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. A. Background [help] 1. Name of proposed project, if applicable: [help] RESPONSE: Non-project legislation with proposed Amendments to the Jefferson County Code (JCC), Title 8 and Title 18, Relating to Commercial Shooting Facilities in Unincorporated Jefferson County. 2. Name of applicant: [help] RESPONSE: Jefferson County Department of Community Development. Page 2 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 3. Address and phone number of applicant and contact person: [help] RESPONSE: 621 Sheridan St. Port Townsend WA 98368; Michelle Farfan, 360-379-4463. 4. Date checklist prepared: [help] RESPONSE: December 30, 2019. 5. Agency requesting checklist: [help] RESPONSE: Jefferson County Board of Commissioners. 6. Proposed timing or schedule (including phasing, if applicable): [help] RESPONSE: Legislative action anticipated in early 2020. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. [help] RESPONSE: Legislative action anticipated in early 2020. 8. List any environmental information you know about that has been prepared or will be prepared, directly related to this proposal. [help] RESPONSE: No additional environmental information has been prepared beyond this SEPA Environmental Checklist. Any future projects under the proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). 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. [help] RESPONSE: Not applicable to this non-project legislation. 10. List any government approvals or permits that will be needed for your proposal, if known. [help] RESPONSE: a. Public hearing and recommendation from the Jefferson County Planning Commission: Completed on December 3, 2019. b. Review by the Washington State Department of Commerce and other agencies, per the Growth Management Act: To be completed. c. Adoption by the Jefferson County Board of County Commissioners, after a public hearing and deliberations: To be completed. Page 3 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 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.) [help] RESPONSE: a. Not a Project Proposal: There is no “project” or “site” for this proposal. b. Description of Legislation: The legislation is a comprehensive set of health and safety regulations (Title 8 Ordinance) and development regulations (Title 18 Ordinance) that are designed to uniformly regulate indoor and outdoor commercial shooting facilities (CSFs) within unincorporated Jefferson County. The Title 8 Ordinance requires an operating permit for existing and new CSFs. The Title 18 Ordinance contains development regulations relating to zoning, siting, compatibility, shoreline, and critical area impacts for CSFs that do not qualify as a legal nonconforming use under JCC 18.20.260. Overview of Title 8 Ordinance: i. Not a development regulation under Chapter 36.70A RCW (Growth Management Act); ii. Regulates the operation, but not siting or development, of existing and future CSFs; iii. Requires an operating permit with an operational environmental health and safety plan with components for operations and safety for all existing and new CSFs; iv. Requires compliance with environmental Best Management Practices (BMPs) for operation of CSFs; v. Requires consistency with the 2012 National Rifle Association Range Source Book (NRA Range Source Book) for minimizing noise, increasing safety, and increasing environmental protection during operations of a CSF; vi. Operating permit to be reviewed by a qualified shooting range evaluator and approved by the Jefferson County Environmental Health Division of the Department of Public Health; and, vii. Provides for administrative review of permit decisions under Jefferson County’s Hearing Examiner Code and Rules of Procedure. Overview of the Title 18 Ordinance i. Development regulation under Chapter 36.70A RCW (Growth Management Act); ii. Regulates siting and development of CSFs that do not qualify for a legal, non-conforming use under the JCC 18.20.260. iii. Fixes use loopholes in cottage industry and home business sections clarifying that CSFs cannot be a cottage industry or home business; iv. Closes definitional loopholes for Small-Scale Recreation or Tourist Uses standards; v. Closes an unnamed use loophole by indicating that the text of Table 3-1 and 3A-1 control and naming shooting facilities as a named use; vi. Requires for forest resource lands: A. A Conditional Use Permit (CUP) consistent with Jefferson County’s 12 conditional use approval criteria; B. Review by a qualified shooting range evaluator; and, C. Approval of the CUP by the Jefferson County Department of Community Development; vii. Adds performance and use standards for the siting and development of CSFs: A. Requires a facility plan; B. Requires consistency with the NRA Range Source Book for minimizing noise, increasing safety, and increasing environmental protection; C. Requires compliance with environmental operational Best Management Practices (BMPs); and, Page 4 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 D. Establishes minimum standards for required security, containment, professional evaluation, and protection of critical areas and shorelines. viii. Provides for administrative review of permit decisions under Jefferson County’s Hearing Examiner Code and Rules of Procedure; and, ix. Five legislation alternatives are under consideration for Title 18 in this proposal. The five legislation alternatives are compared to a “no action” alternative below: A. No action alternative: Under the no-action alternative, the Jefferson County Code in existence before November 2018 will remain in effect. The pre-November 2018 Jefferson County Code will be much less protective of human health, safety and the environment than any of the five legislation alternatives because: (1) There was no uniform, comprehensive regulatory scheme for CSFs. (2) “Outdoor shooting ranges” could be permitted with a conditional use permit (CUP) in forest resource lands as “Small-Scale Recreation or Tourist Uses,” previously defined as “‘Small-scale recreation or tourist uses’ meaning those isolated uses which are leisure or recreational in nature; are reliant upon a rural setting or location; do not include any new residential development beyond that allowed in the underlying land use district, and otherwise meet the performance standards in JCC 18.20.350. See RCW 36.70A.070(5)(d)(ii).” JCC 18.20.350 (emphasis added). “Small-scale” was defined as “of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure.” JCC 18.20.350 (emphasis added). (3) It would have been difficult, if not impossible, to enforce JCC 18.20.350(8) related to shooting facilities because of missing terms related to the definitions of “small scale” and “small-scale recreation or tourist uses:” (a) “Small-scale” used the terms “isolated uses,” “leisure,” and “recreational,” none of which was defined. See respectively JCC Sections 18.10.090, 18.10.120, and 18.10.180. (b) Small-scale recreation or tourist uses” used the terms “minimal impacts” and “minimal demands,” neither of which was defined. See JCC Section 18.10.130. (4) JCC 18.20.350(8) contained the only regulations related to “outdoor shooting ranges.” But it would have been difficult, if not impossible, to enforce JCC 18.20.350(8) related to shooting facilities because of missing terms or vague terms: (a) “Outdoor shooting ranges” was defined to mean “shooting ranges.” JCC Section 18.10.150. “Shooting range” was defined as “a facility specifically designed and used for safe shooting practice with firearms and/or for archery practice, with individual or group firing positions for specific weaponry.” See JCC 18.10.190 (emphasis added). (b) There was no definition of “firearms” (See JCC 18.10.060), even though that term is used in the definition of “shooting range” in JCC 18.10.190. (c) There was no definition of “safe shooting practice” (See JCC 18.10.060), even though that term is used in the definition of “shooting range” in JCC 18.10.190. (d) There was no definition of “group firing positions” (See JCC 18.10.070), even though that term is used in the definition of “shooting range” in JCC 18.10.190. (e) There was no definition of “specific weaponry” (See JCC 18.10.190), even though that term is used in the definition of “shooting range” in JCC 18.10.190. (5) JCC 18.20.350(8)(a) required that shooting ranges be “located, designed, constructed and operated to prevent the likelihood of discharge of ammunition beyond the boundaries of the parcel where they occur.” (Emphasis added). But Page 5 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 “ammunition” was nowhere defined. See JCC 18.10.010. And, firearms shoot bullets or projectiles, not ammunition. (6) There was reliance on existing laws that: (a) Require compliance with critical area, shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit reckless shooting of firearms (RCW 9.36.050 and RCW 9.41.230); (d) Limit the discharge of a machine gun as that term is defined in 26 U.S.C. Section 5845(b) or RCW 9.41.010(17); (e) Limit the discharge of a short-barreled rifle or a short-barreled shotgun as those terms are defined in RCW 9.41.010; and, (f) Prohibit discharge of a destructive device as that term is defined in 25 U.S.C. Section 5845(f) and any explosive as that term is defined in RCW 70.74.010(5). (7) Compliance with all 12 conditional use approval criteria listed below: (1) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) if all of the following criteria are satisfied: (a) The conditional use is harmonious and appropriate in design, character, and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (g) The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. (2) In instances where all of the above findings cannot be made, the Page 6 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 application shall be denied. JCC 18.40.530 (Exhibit 1) (emphasis added). (8) If a shooting facility was larger than the vaguely defined Small-Scale Recreation or Tourist Uses, it could have been classified as an “unnamed use,” which have been allowed in any zone compliance with the discretionary use criteria listed below: (2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may be allowed subject to the applicable development and performance standards (Chapters 18.20 and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for “discretionary”). On the basis of the administrative review, the administrator may classify the proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular land use district affected. Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter 18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use as an allowed “Yes” use in the particular district affected, only if the proposed development: (a) Complies with the applicable development standards of Chapter 18.30 JCC; (b) Complies with the performance and use-specific standards unique to the proposed use specified in Chapter 18.20 JCC; (c) Is appropriate in design, character, and appearance with the goals and policies for the land use designation and district in which the proposed use is located; (d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable regulations of the Shoreline Master Program if the application involves property located within the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit; (e) Will be served by adequate facilities including access, fire protection, water, and sewer facilities (municipal, community, or on- site systems); (f) Does not include any use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (Chapter 36.70 RCW); (g) Shall not adversely impact the public health, safety and general welfare of the residents of the county; (h) Shares characteristics common with but not of significantly greater intensity, density or that generates more environmental impact than those uses allowed in the district in which it is to be located; and (i) Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use. If the preceding conditions are not met to the satisfaction of the administrator, the administrator may either prohibit the use or require a conditional use permit. Page 7 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 JCC 18.15.045 (Exhibit 2). (9) Shooting ranges could have been permitted as part of a cottage industry in all zones, except resource-based industrial, heavy industrial, and parks, preserves and recreation zones, pursuant to JCC 18.20.170 (Exhibit 3) and Table 3-1 (Exhibit 4). (10) Shooting ranges could have been permitted as part of a home business in all zones, except resource-based industrial, heavy industrial, and parks, preserves and recreation zones, pursuant to 18.20.200 and Table 3-1 (Exhibit 4). (11) Shooting ranges could have been permitted on Forest Resource Lands1, provided there was compliance with the forest resource districts protections, as follows: (1) Residential Density. There shall be no subdivision of land designated commercial forest or rural forest for residential purposes. However, nothing in this code shall be construed to prevent the owner of designated commercial or rural forest land from living on his/her land; provided, that applicable building requirements are met. (2) Subdivisions and Use Limitations. Subdivision of commercial and rural forest lands for construction or installation of nonresidential purposes, as allowed in Table 3-1 in JCC 18.15.040, shall be at least 80 acres in size within the commercial forest designation and 40 acres in size within the rural forest designation and must meet the following criteria: (a) The facility cannot otherwise be suitably located on undesignated land; (b) The installation cannot otherwise be accomplished without subdivision; (c) The facility is to be located on the lowest feasible grade of forest land; and (d) The facility removes as little land as possible from timber production. (3) Setback Requirements for Adjacent Development. New structures proposed to be located on parcels adjacent to designated forest lands shall: 1 Per Jefferson County Code 18.15.020, “Forest Resource Lands (FOR)” are: “(a) Commercial Forest (CF-80). The purpose of the commercial forest district is to ensure large tracts of forest lands of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be maintained as a viable commercial activity. (b) Rural Forest (RF-40). The purpose of the rural forest district is to ensure forest lands of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be maintained as a viable commercial activity, while allowing for diversity in the size of forest tracts. (c) Inholding Forest (IF). This district encompasses parcels at least 20 acres in size that are entirely surrounded by designated forest resource lands and that are not vested for development under Washington State law.” Page 8 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (a) Establish and maintain a minimum 250-foot building setback adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, which shall serve as a resource protection area, as measured from the property boundaries of adjacent forest lands except as follows: (i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, then the new structure shall maintain the maximum setback possible; or (ii) If the owner of the land on which the new structure is proposed and the owner of the adjacent forest land each sign and file for record, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the properties, a setback of less than 250 feet adjacent to commercial forest lands and 100 feet adjacent to rural forest lands may be maintained; (b) Provide adequate access for fire vehicles; and (c) If the proposed structure is located within 250 feet of the boundary of commercial forest lands or within 100 feet of rural forest lands, in the area where the setback is to be applied, the property owner shall survey the property boundaries that abut forest land in the area where the setback is to be applied, locate the property boundaries on the ground, and submit a record of survey, or other means deemed acceptable to the administrator, with a building permit application. (4) Setback Requirements on Designated Forest Lands. Builders of new structures proposed to be located on parcels designated commercial, rural, or inholding forest shall: (a) Establish and maintain a minimum 250-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial and rural forest lands except as follows: (i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet, the new structure shall maintain the maximum setback possible. (5) Establishment of Resource Protection Areas. Subdivisions, short subdivisions and rural cluster subdivisions of parcels adjacent to forest land shall establish a resource protection area of a minimum 250-foot width along commercial forest land boundaries and 100-foot width along rural forest and inholding forest land boundaries. JCC 18.15.150 (Exhibit 3). (12) No generally accepted environmental best management practices (BMPs) for operation of shooting ranges were required. (13) No generally accepted environmental best management practices (BMPs) for siting and development of shooting ranges were required. Page 9 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (14) No express minimum standards for operation of a CSF were required. (15) No express minimum standards for siting and design of a CSF were required. (16) No liability insurance requirements for operation of a CSF were required. (17) No facilities design plan was required. (18) No safety plan was required. (19) No operations plan was required. (20) No environmental plan was required. (21) No noise abatement plan was required. (22) No initial inspection was required. (23) No annual inspection was required. (24) No professional review of a permit application by a qualified shooting range evaluator was required. (25) No compliance certification under oath by the owner or operator was required. (26) There were no specified consequences for non-compliance with an issued permit, including no authority to suspend or cancel a permit. B. Alternative 1: (1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). (2) Allows indoor CSFs with a CUP only in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. (3) Continues to rely on existing laws that: (a) Require compliance with critical area, shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous shooting of firearms; (d) Limit the types of weapons that can be used; and, (e) Prohibit the use of any explosive devices. (4) Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above. (5) Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above. (6) Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices described below. Alternative 1 is legislation passed by the Board of County Commissioners in 2018, namely Ordinance 12-1102-18 adopted on November 2, 2018 (Title 8 Health and Safety Ordinance) (Exhibit 5) and Ordinance No. 15-1214-18 (Title 18 Land Use Ordinance) adopted on December 14, 2018 (Exhibit 6). A SEPA categorical exemption was relied upon for the Title 8 Ordinance. A Determination of Non-Significance (DNS) (Exhibit 7) for the Title 18 Ordinance was reviewed by the Department of Commerce in 2018 and was not challenged. The Growth Management Hearings Board determined that the Title 8 Ordinance was a development regulation, requiring compliance with public participation and SEPA requirements for a development regulation and that the Title 18 Ordinance was closely related to the Title 8 Ordinance that both were invalid under Chapter 36.70A RCW (the Growth Management Act). Jefferson County has appealed the Growth Management Board’s decision on the Title 18 Ordinance under Chapter 34.05 RCW (the Administrative Procedure Act). C. Alternative 2: Page 10 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). (2) Limits outdoor CSFs to only forest resource lands for projects that qualify as Small-Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are limited by JCC 18.20.350(3) (Exhibit 8) as follows: (1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a rural location and setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the county’s abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572. Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses: (a) Small-scale recreation or tourist uses may include limited and commensurately scaled commercial facilities intended to serve those small-scale recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store, or associated retail sales and services); provided, that the applicant can demonstrate the following to the satisfaction of the approving authority that: (i) The principal demand for the commercial facilities is derived from the principal recreational or tourist use and not the existing and projected rural population; (ii) The associated commercial activities shall be clearly accessory to and dependent upon the primary recreational or tourist uses; (iii) The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties; (iv) The use and associated structure is clearly appropriate and compatible in scale, size, design, and function with surrounding uses and environment; (v) The use will not constitute new urban development in a rural area; (vi) The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl; and (vii) All other applicable requirements and standards in this UDC are met. (b) Unless a larger parcel size is specified, minimum lot size shall be five acres, except that no minimum lot size is required for parcels that include a historic site, structure or landmark. (c) Only one small-scale recreational or tourist use shall be allowed per legal lot of record, with the exception of rural restaurants. Page 11 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (d) Only those buildings or areas specifically approved by the county may be used in the conduct of the business. (e) Parking shall be contained on-site and provided in conformance with this code, including JCC 18.30.100 and 18.30.130. (f) All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and side property lines to protect the character of adjacent and surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 to ensure that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential (RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses in the district. (g) All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary access whenever practicable. Access off state routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assure mobility is not degraded. (h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC. (i) Any small-scale recreational or tourist use development allowed under this section that proposes to include permanent occupancy on-site residential development may only be permitted subject to: i. The underlying rural residential density; ii. A master planned resort (MPR) district designation subject to a legislative action to amend the Comprehensive Plan; or iii. That necessary for on-site management (e.g., a caretaker’s residence). (j) For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: i. Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture, and mineral lands of long-term commercial significance; ii. Does not disrupt the character of any surrounding permitted uses; iii. Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; iv. Adequately protects critical areas including surface and groundwater resources; and Page 12 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 v. Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl, or be otherwise incompatible with or injurious to the rural character of the area; vi. For designated agricultural lands, converts as little land with prime agricultural soils as practicable into nonagricultural use. (k) If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied. (3) Limits outdoor CSFs in forest resource lands with a quota (approximately 150 acres total in the 328,785 acres of forest resource lands throughout the county). (4) Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. (7) Continues to rely on existing laws that: (a) Require compliance with critical area, shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous shooting of firearms; (d) Limit the types of weapons that can be used; and, (e) Prohibit the use of any explosive devices. (8) Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above. (9) Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above. (10) Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices described below. Alternative 2 is legislation recommended to the Jefferson County Planning Commission by Jefferson County Staff on October 16, 2019. D. Alternative 3: (1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). (2) Limits outdoor CSFs in forest resource lands for projects that qualify as Small- Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are limited by JCC 18.20.350(3) (Exhibit 8). (3) Requires bright-line rules including (a) a limit of one conditional use per parcel; (b) Prohibiting use of CSFs by military, paramilitary, National Guard, Homeland Security or non-local law enforcement; (c) Maximum of 5 firing points per parcel; (d) No shooting from aircraft; (e) No drone or helicopter flights within the parcel; (f) No machine guns, mortars, rocket launchers, etc.; (g) Noise standard at property boundaries of a maximum of 40db; or, (h) 500-yard setback from shorelines (streams and lakes) and additional wetlands/wetland-buffers. (4) Does not use a quota to limit outdoor CSFs in forest resource lands. (5) Allows indoor CSFs with a CUP in rural/ UGA commercial and industrial zoning (excluding resource-based industrial zoning). (6) Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above. Page 13 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (7) Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above. (8) Adds the protections noted as missing in the no-action alternative items (9) to (23), including the standards and Best Management Practices described below. Alternative 3 was proposed by members of the public during the public participation process with the Jefferson County Planning Commission. Jefferson County Staff does not recommend this alternative because it may not comply with constitutional requirements, including under the Second Amendment to the U.S. Constitution. E. Alternative 4: (1) Prohibits outdoor CSFs in all zoning districts. (2) Indoor CSFs allowed only as a discretionary use (without additional bright-line rules) in all rural/UGA commercial and industrial zoning (excluding resource- based industrial zoning). (3) Defines “Indoor shooting facility” to include “lawful incidental sales of firearms, ammunition, component parts, and accessories.” (4) Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above. (5) Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above. (6) Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices described below. Alternative 4 is the December 3, 2019 recommendation of the Jefferson County Planning Commission to the Board of County Commissioners, made after conducting a public hearing as part of the public participation process. F. Alternative 5: (1) Prohibits outdoor CSFs. (2) Allows indoor CSFs allowed as a discretionary use in all rural/UGA commercial and industrial zoning (excluding resource-based industrial zoning). (3) Allows indoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). (4) Limits indoor CSFs in forest resource lands for projects that qualify as Small- Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are limited by JCC 18.20.350(3) (Exhibit 8) (5) Limits indoor CSFs in forest resource lands with a quota (approximately 150 acres total in the 328,785 acres of forest resource lands throughout the county). (6) Defines “Indoor shooting facility” to include “lawful incidental sales of firearms, ammunition, component parts, and accessories.” (7) Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above. (8) Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above. (9) Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices described below. Page 14 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Alternative 5 is proposed as potentially necessary to ensure compliance with constitutional requirements, including under the Second Amendment to the U.S. Constitution. G. Environmental, Health, Noise and Safety Standards or Best Management Practices Added: (1) Operations—Title 8 Ordinance for Alternatives 1 through 5: (a) Requires a safety and environmental health plan for operations at a CSF; (b) Requires operations BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding; (c) Requires operations BMPs for lead at outdoor CSFs as recommended by USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists now or later is amended; (d) Requires operations BMPs for lead at indoor CSFs as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later is amended; (e) Requires an operations plan for compliance with requirements under existing law for the handling and closure of facilities for storage or use of the hazardous substance or hazardous waste other than lead; (f) Requires an operations plan for financial assurance consistent with existing law for addressing any remediation of hazardous substances or hazardous waste, other than lead resulting from operations at a CSF; (g) Requires BMPs to maximize sound suppression for operations consistent with the NRA Range Source Book and Chapter 8.70 JCC (noise control); (h) Requires that operations not create a public nuisance; (i) Contains enforcement procedures; (j) Requires that the owner or operator maintain comprehensive general liability insurance coverage, with a minimum coverage amount of one million dollars for each occurrence and combined single limit and two million in the aggregate during operation of the CSF; (k) Requires an annual report with a current statement of general liability insurance and any monitoring data required by an operating permit; and, (l) Requires pre-operation, annual, and compliance inspections. (2) Siting and Development—Title 18 Ordinance—All Alternatives: (a) Limits the zones where a CSF can be located by, among other things, prohibiting CSFs as part of a home business use, as part of a cottage industry use, or as an unnamed use. (b) Requires that all CSFs be designed to be consistent with the NRA Range Source Book standards for shooting range design; (c) Requires that all CSFs be designed so that when firearms are operating in accordance with the new definition of rules and regulations (“with reference to a CSF means requirements used for the safe operation of a CSF”), all projectiles are kept from leaving any shooting range or the CSF; (d) Requires a facilities plan that describes the locations of all hazardous material storage and use, per a hazardous substance or hazardous waste management plan, if needed; (e) Requires that all CSFs comply with every applicable provision of the JCC related to protection of critical areas and shorelines (and buffers for all such areas, including but not limited to the buffers required in Chapter 18.22 JCC (Critical Areas) and Chapter 18.25 JCC (Shoreline Master Program). (3) Siting and Development—Title 18 Ordinance—Alternatives 1, 2, 3, and 5 (in addition to those in Item (2)): Page 15 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (a) Allows CSFs in forest resource lands with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530. (b) Limits CSFs in forest resource lands to projects that qualify as Small-Scale Recreation or Tourist Uses. (4) Siting and Development—Title 18 Ordinance—Alternatives 1, 2, and 5 (in addition to those in Items (2) and (3): (a) Limits CSFs in forest resource lands with a quota (approximately 150 acres total in the 328,785 acres of forest resource lands throughout the county). (5) Siting and Development—Title 18 Ordinance—Alternatives 4 and 5 only: (a) Prohibits outdoor CSFs, except for those with that qualify for as a legal nonconforming use under JCC 18.20.260. This SEPA Environmental Checklist discusses all of the alternatives listed above. All alternatives or a combination of them are actively being considered under this proposal. However, Alternative 2 and Alternative 4 are the drafted versions of the proposal. Alternative 2 is the initial staff recommendation to the Jefferson County Planning Commission and Alternative 4 is the Jefferson County Planning Commission recommendation to the Board of County Commissioners. For the purposes of this Environmental Checklist, all alternatives are considered part of the proposal. 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This proposal is a non- project proposal for legislation that amends the Jefferson County Code. B. Area of Proposal: The Jefferson County Code applies in all unincorporated areas of Jefferson County. The only incorporated area in Jefferson County is the City of Port Townsend. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief & Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. D. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief & Complete Discussion in response to Question A.11, above. B. ENVIRONMENTAL ELEMENTS [help] 1. Earth [help] a. General description of the site: [help] Page 16 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (circle one): Flat, rolling, hilly, steep slopes, mountainous, other RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Site Description: A site for a project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief & Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. b. What is the steepest slope on the site (approximate percent slope)? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the JCC. ii. Steepest Slope: Slope angle will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. c. 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Types of Soils: Types of soils will be discussed future project-level SEPA checklist. Page 17 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief & Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. v. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Unstable Soils in Vicinity: Unstable soils in the immediate vicinity on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.10, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Filling, Excavation, And Grading: Filling, excavation, and grading on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.10, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and Page 18 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection of Surface Water at the Project Level: If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. In addition, all future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. vi. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. vii. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Erosion as a Result of Clearing, Construction, or Use: Potential erosion as a result of clearing, construction, or use of a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. i. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. Page 19 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Percentage of Impervious Surfaces After Project Construction: Percentage of impervious surfaces after project construction will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Regulations on Impervious Surfaces at the Project Level: JCC 18.30.050 and JCC 18.30.070(5) contain impervious surface regulations. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. ii. Proposed Measures to Reduce or Control Erosion or Other Impacts to the Earth: Proposed measures to reduce or control erosion, or other impacts to the earth will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection of Surface Water at the Project Level: If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. In addition, all future project applications must be evaluated independently Page 20 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. vi. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. i. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. 2. Air [help] a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iii. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(d) that requires: “The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel.” (Emphasis added.) iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Additional Protection of Outdoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. vi. Additional Protection of Indoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs there is a risk of lead and other chemical exposure to humans through the indoor air. However, Title 8 will require all new indoor CSFs to comply with BMPs as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). This includes heating ventilation and air condition (HVAC) systems to filter lead and other chemicals from the air. Page 21 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal, so it is not possible to discuss “off-site” sources of emissions or odor that may affect the proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iii. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(d) that requires: “The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel.” (Emphasis added.) iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief & Complete Discussion in response to Question A.11, above. v. Additional Protection of Outdoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. vi. Additional Protection of Indoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs there is a risk of lead and other chemical exposure to humans through the indoor air. However, Title 8 will require all new indoor CSFs to comply with BMPs as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). This includes heating ventilation and air condition (HVAC) systems to filter lead and other chemicals from the air. c. Proposed measures to reduce or control emissions or other impacts to air, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” and no “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the Page 22 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iii. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(d) that requires: “The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel.” (Emphasis added.) iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Additional Protection of Outdoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. vi. Additional Protection of Indoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs there is a risk of lead and other chemical exposure to humans through the indoor air. However, Title 8 will require all new indoor CSFs to comply with BMPs as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). This includes heating ventilation and air condition (HVAC) systems to filter lead and other chemicals from the air. 3. Water [help] a. Surface Water: 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief & Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. A. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. B. Protection of Surface Water at the Project Level: If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid Page 23 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. In addition, all future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. C. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. A. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. B. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” C. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. C. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. D. Protection of Surface Water at the Project Level: If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting Page 24 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 and mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. In addition, all future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. E. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. F. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. G. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” H. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. C. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) Page 25 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 D. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection for Dredging at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.360. F. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. G. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. H. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. [help] RESPONSE: A. No Surface Water Withdrawals or Diversions Required: The proposal does not require surface water withdrawals or diversions. B. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. D. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) E. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. F. Protection Related to Surface Water Withdrawals or Diversions at the Project Level: JCC 18.25.390 provides protection standards for surface water withdrawals and diversion structures. Page 26 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). G. Protection of Surface Water at the Project Level: If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes and untreated effluents to any groundwater or surface water or to be discharged onto land. In addition, all future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. H. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. C. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. D. Protection Related to 100-year Floodplain at the Project Level: If any new CSF proposal is within a 100-year floodplain, Chapter 15.15 JCC (Flood Protection) will apply. 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. [help] RESPONSE: A. No Discharges of Waste Materials to Surface Waters: The proposal does not involve any discharges of waste materials to surface waters. Page 27 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 B. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. D. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection of Surface Water at the Project Level: If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. In addition, all future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. F. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” G. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 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. [help] RESPONSE: i. No Groundwater Withdrawal: The proposal does not include withdrawing groundwater from a well. Page 28 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 ii. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will apply. iv. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, in the form of BMPs or standards specific to future CSF projects are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection of Groundwater at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.22.130 provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). vi. Protection of Water Supply at the Project Level: JCC 18.30.030 provides protection standards for water supply. vii. Protection for Sewage Disposal at the Project Level: JCC 18.30.040 and 18.30.080 provide protection standards for sewage disposal. Specifically, Jefferson County Code 18.30.040(1) requires that: “All development shall be provided with an individual, on-site septic system and drainfield approved by Jefferson County public health in compliance with Chapter 8.15 JCC unless Jefferson County public health determines that public sewer is available which would then require connection to the approved public sewer.” viii. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” 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 Page 29 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. [help] RESPONSE: A. No Waste Material Discharged into the Ground from Septic Tanks or Other Sources: This proposal does not include waste material that will be discharged into the ground from septic tanks or other sources. B. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection of Groundwater at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.22.130 provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). F. Protection of Water Supply at the Project Level: JCC 18.30.030 provides protection standards for water supply. G. Protection for Sewage Disposal at the Project Level: JCC 18.30.040 and 18.30.080 provide protection standards for sewage disposal. Specifically, Jefferson County Code 18.30.040(1) requires that: “All development shall be provided with an individual, on-site septic system and drainfield approved by Jefferson County public health in compliance with Chapter 8.15 JCC unless Jefferson County public health determines that public sewer is available which would then require connection to the approved public sewer.” H. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” Page 30 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 c. Water runoff (including stormwater): 1) Describe the source of runoff (including stormwater) 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). C. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection of Surface Water at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). F. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” G. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge Page 31 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 2) Could waste materials enter ground or surface waters? If so, generally describe. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). C. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection of Groundwater at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.22.130 provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). F. Protection of Surface Water at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Page 32 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). G. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” H. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). C. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. F. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for Page 33 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. G. Protection of Surface Water at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). H. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” I. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iii. Relevant Conditional Use Approval Criteria that Must be Applied at the Project Level For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) Page 34 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection for Filling and Excavation at the Project Level. Protection standards for filling and excavation are contained in JCC 18.25.370. vi. Protection for Drainage and Erosion Control at the Project Level: Protection standards, including drainage and erosion control are contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC 18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC 18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060 provides for grading and excavation. vii. Protection of Surface Water at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). viii. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” ix. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 4. Plants [help] e. Check the types of vegetation found on the site: [help] deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain Orchards, vineyards or other permanent crops. Page 35 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Plants Described at the Project Level: Plants on a site only can be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. f. What kind and amount of vegetation will be removed or altered? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Vegetation Removal or Alteration Described at the Project Level: Vegetation removal or alteration on a site only can be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection Related to Vegetation Removal at the Project Level: JCC 18.22.170(4) requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer. JCC 18.22.270(4) requires vegetation retention for geologically hazardous areas. JCC 18.25.270(3)(h) requires vegetation maintenance in shoreline buffers. JCC 18.25.310 contains vegetation conservation regulations for shorelines. JCC 18.25.390(3)(i) contains limitations on removal of vegetation related to in-stream structures. g. List threatened and endangered species known to be on or near the site. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Known Threatened or Endangered Species Described at the Project Level. Known threatened or endangered species on a site will be discussed in a future project-level SEPA checklist. Page 36 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection of Fish and Wildlife at the Project Level: JCC 18.22.270 provides protection standards for fish and wildlife habitat conservation areas. h. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Proposed Landscaping or Use of Native Plants Described at the Project Level. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection Related to Measures to Preserve or Enhance Vegetation Required at the Project Level: JCC 18.22.170(4) requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer. JCC 18.22.270(4) requires vegetation retention for geologically hazardous areas. JCC 18.25.270(3)(h) requires vegetation maintenance in shoreline buffers. JCC 18.25.310 contains vegetation conservation regulations for shorelines. JCC 18.25.390(3)(i) contains limitations on removal of vegetation related to in-stream structures. vi. Protection Related to Landscaping at the Project Level: JCC 18.30.130 regulates landscaping and screening at the project level. i. List all noxious weeds and invasive species known to be on or near the site. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Known Noxious Weeds or Invasive Species Described at the Project Level. Noxious weeds and invasive species on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article Page 37 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(i) that requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” v. Relevant Discretionary Use Approval Criteria for CSFs Projects: For future CSF projects subject to the discretionary use approval criteria, including JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” vi. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vii. Protections Against Noxious Weeds and Invasive Species at the Project Level. Jefferson County has a Noxious Weed Board funded by JCC 3.65.030 organized under Chapter 17.10 RCW to coordinate the management of noxious weeds to prevent, control, or mitigate the spread of these species to protect human health, livestock, wildlife, native habitat, and ecosystem functioning in ecological as well as economical terms. 5. Animals [help] 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. [help] Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Birds or Other Animals Observed Described at the Project Level. Birds and other animals which have been observed on or near a site will be discussed in a future project-level SEPA checklist. iii. Current SEPA and Regulatory Protection Described at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. b. List any threatened and endangered species known to be on or near the site. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Threatened or Endangered Species Described at the Project Level. Threatened and endangered species known to be on or near a site will be discussed in a future project-level SEPA checklist. Page 38 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. c. Is the site part of a migration route? If so, explain. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Known Migration Route Described at the Project Level. Migration routes on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. d. Proposed measures to preserve or enhance wildlife, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Measures to Preserve or Enhance Wildlife Described at the Project Level. Measures to preserve or enhance wildlife on a site will be discussed in a future project-level SEPA checklist. iii. Current SEPA and Regulatory Protection Described at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. e. List any invasive animal species known to be on or near the site. [help] RESPONSE: Page 39 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Known Invasive Animal Species Described at the Project Level. Invasive animal species on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 6. Energy and Natural Resources [help] 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Energy Needs Described at the Project Level. Energy needs on a site will be discussed in a future project-level SEPA checklist. iii. Current SEPA and Regulatory Protection Described at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Use of Solar Energy Described at the Project Level. Solar energy use on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). Page 40 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 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: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Energy Conservation Will be Discussed at the Project Level. Energy conservation on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 7. Environmental Health [help] 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Known Environmental Health Hazards, including Exposure to Toxic Chemicals, Risk of Fire and Explosion, Spill, or Hazardous Waste will be Discussed at the Project Level. Environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control” and JCC 18.40.530(1)(i) that requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” (Emphasis added.) v. Relevant Discretionary Use Approval Criteria for CSFs Projects: For future CSF projects subject to the discretionary use approval criteria, including JCC 18.15.045(2)(e) requires that the project will “be served by adequate facilities including access, fire protection, water and sewer facilities (municipal, community, or on-site systems)” and JCC 18.15.045(2)(a) requires that the project: Page 41 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” (Emphasis added.) vi. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vii. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” viii. Additional Protection of Outdoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust discharge into stormwater runoff, then into surface waters (if the proposal is close enough to surface waters) or lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. ix. Additional Protection of Indoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs there is a risk of lead and other chemical exposure to humans through the indoor air. However, Title 8 will require all new indoor CSFs to comply with BMPs as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). This includes heating ventilation and air condition (HVAC) systems to filter lead and other chemicals from the air. x. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. 1) Describe any known or possible contamination at the site from present or past uses. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the JCC. B. Known or Possible Contamination Will be Discussed at the Project Level. Known or possible contamination on a site will be discussed in a future project-level SEPA checklist. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). Page 42 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Known Existing Hazardous Chemicals/Conditions Described at the Project Level. Existing hazardous chemicals/conditions on a site will be discussed in a future project-level SEPA checklist. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project 4) . [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Known Toxic or Hazardous Chemicals that Might be Stored, Used, or Produced Described at the Project Level. Toxic or hazardous chemicals that might be stored, used, or produced during a project's development or construction, or at any time during the operating life of the project on a site will be discussed in a future project-level SEPA checklist. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection of Groundwater at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.22.130 provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. JCC Page 43 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). F. Protection of Surface Water at the Project Level: JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. All future project applications must be evaluated independently under JCC 18.30.070 that requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington. JCC 18.30.060(1)(a) requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. If work on any future project is within 200 feet of waters of the state, either Chapter 18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive development standards that control siting and mitigate impacts. Future projects that are required to be Small Scale Tourist or Recreational Uses, must adequately protect critical areas including surface and groundwater resources. JCC 18.20.350(3)(j)(iv). G. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iv) Adequately protects critical areas including surface and groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” H. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. I. Additional Protection of Outdoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust discharge into stormwater runoff, then into surface waters (if the proposal is close enough to surface waters) or lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. J. Additional Protection of Indoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs there is a risk of lead and other chemical exposure to humans through the indoor air. However, Title 8 will require all new indoor CSFs to comply with BMPs as recommended by the National Institute for Occupational Safety and Page 44 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). This includes heating ventilation and air condition (HVAC) systems to filter lead and other chemicals from the air 5) Describe special emergency services that might be required. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Special Emergency Services that Might be Required Described at the Project Level. Special emergency services that might be required on a site will be discussed in a future project-level SEPA checklist. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) E. Relevant Discretionary Use Approval Criteria for CSFs Projects: For future CSF projects subject to the discretionary use approval criteria, including JCC 18.15.045(2)(e) requires that the project will “be served by adequate facilities including access, fire protection, water, and sewer facilities (municipal, community, or on-site systems).” (Emphasis added.) F. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 6) Proposed measures to reduce or control environmental health hazards, if any: [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Proposed Measures to Reduce or Control Environmental Health Hazards Described at the Project Level. Proposed measures to reduce or control environmental health hazards on a site will be discussed in a future project-level SEPA checklist. C. Current SEPA and Regulatory Protection at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control.” (Emphasis added.) E. Relevant Discretionary Use Approval Criteria for CSFs Projects: For future CSF projects subject to the discretionary use approval criteria, including JCC 18.15.045(2)(e) requires that the project Page 45 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 will “be served by adequate facilities including access, fire protection, water, and sewer facilities (municipal, community, or on-site systems).” (Emphasis added.) F. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. G. Protection of Water Supply at the Project Level: JCC 18.30.030 provides protection standards for water supply. H. Protection for Sewage Disposal at the Project Level: JCC 18.30.040 and 18.30.080 provide protection standards for sewage disposal. Specifically, Jefferson County Code 18.30.040(1) requires that: “All development shall be provided with an individual, on-site septic system and drainfield approved by Jefferson County public health in compliance with Chapter 8.15 JCC unless Jefferson County public health determines that public sewer is available which would then require connection to the approved public sewer.” I. Additional Protection of Surface Water Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. J. Additional Protection of Outdoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. K. Additional Protection of Indoor Air Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs there is a risk of lead and other chemical exposure to humans through the indoor air. However, Title 8 will require all new indoor CSFs to comply with BMPs as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). This includes heating ventilation and air condition (HVAC) systems to filter lead and other chemicals from the air. j. Noise [help] k. What types of noise exist in the area which may affect your project (for example traffic, equipment, operation, other)? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Noise in the Area Evaluated at the Project Level: Noise in the area of a project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(d) that requires: “The conditional use Page 46 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel.” v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vi. Protection from Noise at the Project Level: JCC 18.30.190 incorporates noise mitigation requirements in the State Environmental Policy Act, Chapter 43.21C RCW, related to noise abatement, and provides that noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they exist now or may be amended in the future. vii. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(iii) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties.” (Emphasis added. viii. Additional Protection for Noise at Outdoor CSFs Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, Requires BMPs to maximize sound suppression for operations consistent with Chapter 8.70 JCC (noise control) and the NRA Range Source Book. These design requirements and BMPs require design to reduce noise impacts to users and require protective ear coverings. Outdoor CSFs will be a conditional use, which requires compliance with all 12 CUP approval criteria in the Jefferson County Code. Of importance, the following CUP approval criteria states: “(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel”. JCC 18.40.530(1)(d). The applicant will have to prove that their BMPs, design features, and operational aspects must comply with the 12 CUP approval criteria in the Jefferson County Code. Further, noise will be evaluated under individual SEPA Environmental Checklists (unless the project is exempt). ix. Additional Protection for Noise at Indoor CSFs Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs, the indoor CSFs must comply with BMPs consistent with Chapter 8.70 JCC (noise control), the NRA Range Source Book, and the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). These design requirements and BMPs require design to reduce noise impacts to users and require protective ear coverings. The applicant will have to prove that their BMPs, design features, and operational aspects must comply with the 12 CUP approval criteria in the Jefferson County Code. Further, noise will be evaluated under individual SEPA Environmental Checklists (unless the project is exempt). 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. [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Levels of Noise that Would be Created by or Associated with a Project on a Short-term or a Long-term Basis Described at the Project Level. Levels of noise that would be created by or associated with a project on a short-term or a long-term basis on a site will be discussed in a future project-level SEPA checklist. C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 Page 47 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. E. Protection from Noise at the Project Level: JCC 18.30.190 incorporates noise mitigation requirements in the State Environmental Policy Act, Chapter 43.21C RCW, related to noise abatement, and provides that noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they exist now or may be amended in the future. F. Additional Protection for Noise at Outdoor CSFs Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, Requires BMPs to maximize sound suppression for operations consistent with Chapter 8.70 JCC (noise control) and the NRA Range Source Book. These design requirements and BMPs require design to reduce noise impacts to users and require protective ear coverings. Outdoor CSFs will be a conditional use, requiring compliance with all 12 CUP approval criteria in the Jefferson County Code. Of importance the following CUP approval criteria states: “(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel”. JCC 18.40.530(1)(d). The applicant will have to prove that their BMPs, design features, and operational aspects must comply with the 12 CUP approval criteria in the Jefferson County Code. Further, noise will be evaluated under individual SEPA Environmental Checklists (unless the project is exempt). G. Additional Protection for Noise at Indoor CSFs Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs, the indoor CSFs must comply with BMPs consistent with Chapter 8.70 JCC (noise control), the NRA Range Source Book, and the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). These design requirements and BMPs require design to reduce noise impacts to users and require protective ear coverings. The applicant will have to prove that their BMPs, design features, and operational aspects must comply with the 12 CUP approval criteria in the Jefferson County Code. Further, noise will be evaluated under individual SEPA Environmental Checklists (unless the project is exempt). 3) Proposed measures to reduce or control noise impacts, if any: [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Proposed Measures to Reduce or Control Noise Impacts Described at the Project Level. Proposed measures to reduce or control noise impacts a project on a short-term or a long-term basis on a site will be discussed in a future project-level SEPA checklist. C. Current SEPA and Regulatory Protection at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). D. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(d) that requires: “The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other Page 48 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 conditions or which unreasonably impact existing uses in the vicinity of the subject parcel.” (Emphasis added.) E. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. F. Protection from Noise at the Project Level: JCC 18.30.190 incorporates noise mitigation requirements in the State Environmental Policy Act, Chapter 43.21C RCW, related to noise abatement, and provides that noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they exist now or may be amended in the future. G. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(iii) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties.” (Emphasis added.) H. Additional Protection for Noise at Outdoor CSFs Required by the Proposal at the Project Level: If an alternative is selected which allows outdoor CSF, Requires BMPs to maximize sound suppression for operations consistent with Chapter 8.70 JCC (noise control) and the NRA Range Source Book. These design requirements and BMPs require design to reduce noise impacts to users and require protective ear coverings. Outdoor CSFs will be a conditional use, requiring compliance with all 12 CUP approval criteria in the Jefferson County Code. Of importance, the following CUP approval criteria states: “(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel”. JCC 18.40.530(1)(d). The applicant will have to prove that their BMPs, design features, and operational aspects must comply with the 12 CUP approval criteria in the Jefferson County Code. Further, noise will be evaluated under individual SEPA Environmental Checklists (unless the project is exempt). I. Additional Protection for Noise at Indoor CSFs Required by the Proposal at the Project Level: If an alternative is selected which allows indoor CSFs, the indoor CSFs must comply with BMPs consistent with Chapter 8.70 JCC (noise control), the NRA Range Source Book, and the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges (Exhibit 10). These design requirements and BMPs require design to reduce noise impacts to users and require protective ear coverings. The applicant will have to prove that their BMPs, design features, and operational aspects must comply with the 12 CUP approval criteria in the Jefferson County Code. Further, noise will be evaluated under individual SEPA Environmental Checklists (unless the project is exempt). 8. Land and Shoreline Use [help] 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Current Use of a Site and Adjacent Properties Will be Discussed at the Project Level. The current use of site and adjacent properties on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article Page 49 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 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? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Farmland will not be Affected by this Proposal: Farmland will not be affected by this proposal because CSFs will not be authorized in agricultural resource zones. iii. Any Use of Working Forest Lands Discussed at the Project Level. Any use of working forest lands on a site will be discussed in a future project-level SEPA checklist. iv. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: (i) Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture, and mineral lands of long-term commercial significance; (ii) Does not disrupt the character of any surrounding permitted uses; (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; (iv) Adequately protects critical areas including surface and groundwater resources; (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl; or be otherwise incompatible with or injurious to the rural character of the area; (vi) For designated agricultural lands, converts as little land with prime agricultural soils as practicable into nonagricultural use.” JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” (Emphasis added.) vi. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vii. Additional Protections for Forest Lands under the Project: Under Alternatives 1, 2, 3 and 5, indoor and outdoor CSFs would be permitted with a CUP. This may result in the conversion of Page 50 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 forest resource lands to nonforest uses. However, under Alternatives 1, 2, and 5, a quota would apply to all new indoor and outdoor CSFs in forest resource lands. The quota would limit CSFs to 0.05 percent of all forest lands. This amounts to approximately 150 acres. Jefferson County has approximately 328,785 acres of forest resource lands. This quota, in addition to the Small- Scale Recreation or Tourist Uses standards ensure the longevity of Jefferson County forest resource lands. Further, the Small-Scale Recreation or Tourist Uses standards are designed to ensure that uses can co-exist with the useful production of forest resource lands. Alternatives 1, 2, 3, 4 and 5 all are more protective than the no-action alternative, because under the no- action alternative, the “unnamed use” loophole may allow shooting facilities at a scale and intensity that is inconsistent with forest resource lands. For example, a large-scale shooting facility, if is not classified as a Small-Scale Recreation and Tourist Use, then the use may be allowed by right, allowed with a CUP, or not permitted. 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: [help] RESPONSE: A. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. B. Farmland will not be Affected by this Proposal: Farmland will not be affected by this proposal because CSFs will not be authorized in agricultural resource zones. C. Any Effect on A Site by Surrounding Working Farm or Working Forest Lands Discussed at the Project Level. Any effect of surrounding working farm or forest land on a site will be discussed in a future project-level SEPA checklist. D. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). E. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. F. Additional Protections for Forest Lands under the Project: Under Alternatives 1, 2, 3 and 5, indoor and outdoor CSFs would be permitted with a CUP. This may result in the conversion of forest resource lands to nonforest uses. However, under Alternatives 1, 2, and 5, a quota would apply to all new indoor and outdoor CSFs in forest resource lands. The quota would limit CSFs to 0.05 percent of all forest lands. This amounts to approximately 150 acres. Jefferson County has approximately 328,785 acres of forest resource lands. This quota, in addition to the Small-Scale Recreation or Tourist Uses standards ensure the longevity of Jefferson County forest resource lands. Further, the Small-Scale Recreation or Tourist Uses standards are designed to ensure that uses can co-exist with the useful production of forest resource lands. Alternatives 1, 2, 3, 4 and 5 all are more protective than the no-action alternative, because under the no-action alternative, the “unnamed use” loophole may allow shooting facilities at a scale and intensity that is inconsistent with forest resource lands. For example, a large-scale shooting facility, if is not classified as a Small-Scale Recreation and Tourist Use, then the use may be allowed by right, allowed with a CUP, or not permitted. c. Describe any structures on the site. [help] RESPONSE: Page 51 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Structures at a Site Will be Discussed at the Project Level: Structures at a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. d. Will any structures be demolished? If so, what? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Structures at a Site Will be Discussed at the Project Level: Structures at a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. e. What is the current zoning classification of the site? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Zoning Classifications Under the Proposal. A. Alternative 1: Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). Allows indoor CSFs with a CUP only in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. B. Alternative 2: Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. C. Alternative 3: Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in Page 52 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. D. Alternative 4: Indoor CSFs allowed only as a discretionary use (without additional bright-line rules) in all rural/UGA commercial and industrial zoning (excluding resource-based industrial zoning). E. Alternative 5: Allows indoor CSFs allowed as a discretionary use in all rural/UGA commercial and industrial zoning (excluding resource-based industrial zoning). Allows indoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. f. What is the current comprehensive plan designation of the site? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Comprehensive Plan Designation Will be Discussed at the Project Level. Comprehensive Plan designation for a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. g. If applicable, what is the current shoreline master program designation of the site? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Shoreline Master Program Designation Will be Discussed at the Project Level. Shoreline Master Program designation for a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article Page 53 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Classification as a Critical Area Will be Discussed at the Project Level. Classification of any part of a site as a critical area will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. i. Approximately how many people would reside or work in the completed project? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. An estimate of How Many People Would Reside or Work Will be Discussed at the Project Level. How many people would reside or work at a completed project will be discussed in a future project- level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. j. Approximately how many people would the completed project displace? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. Page 54 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 ii. An estimate of How Many People Would be Displaced Will be Discussed at the Project Level. How many people would be displaced by a completed project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. k. Proposed measures to avoid or reduce displacement impacts, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Measures to Avoid or Reduce Displacement Impacts Will be Discussed at the Project Level. Measures to avoid or reduce displacement impacts will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iii. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(a) that requires: “The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property,” JCC 18.40.530(1)(c) that requires: “The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel,” JCC Page 55 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 18.40.530(1)(e) that requires: “The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties,” JCC 18.40.530(1)(g) that requires: “The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions JCC or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC,” JCC 18.40.530(1)(k) that requires: “The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan,” and JCC 18.40.530(1)(l) that requires: “The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.” iv. Relevant Discretionary Use Approval Criteria for CSFs Projects: For future CSF projects subject to the discretionary use approval criteria, including JCC 18.15.045(2)(a) that requires compliance “with the applicable development standards of Chapter 18.30 JCC,” JCC 18.15.045(2)(b) that requires compliance “with the performance and use-specific standards unique to the proposed use specified in Chapter 18.20 JCC,” JCC 18.15.045(2)(c) that requires the project to be “appropriate in design, character, and appearance with the goals and policies for the land use designation and district in which the proposed use is located,” and JCC 18.15.045(2)(d) that requires the project to be “consistent with the goals and policies of the Comprehensive Plan and the applicable regulations of the Shoreline Master Program if the application involves property located within the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit.” v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vi. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The principal demand for the commercial facilities is derived from the principal recreational or tourist use and not the existing and projected rural population,” JCC 18.20.350(3)(a)(ii) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The associated commercial activities shall be clearly accessory to and dependent upon the primary recreational or tourist uses,” JCC 18.20.350(3)(a)(vi) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl,” JCC 18.20.350(3)(d) requires that the applicant demonstrate to the satisfaction of the approving authority that: “Only those buildings or areas specifically approved by the county may be used in the conduct of the business,” and JCC 18.20.350(3)(i) requires that the applicant demonstrate to the satisfaction of the approving authority that: “Any small-scale recreational or tourist use development allowed under this section that proposes to include permanent occupancy on-site residential development may only be permitted subject to: (i) The underlying rural residential density; (ii) A master planned resort (MPR) district designation subject to a legislative action to amend the Comprehensive Plan; or (iii) That necessary for on-site management (e.g., a caretaker’s residence). vii. Measures to Ensure the Proposal is Compatible with Existing and Projected Land Use and Plans: Measures to ensure the proposal is compatible with existing and projected land uses and plans are: A. Farmland will not be affected by this proposal because CSFs will not be authorized in agricultural resource zones. B. Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). C. Limits outdoor CSFs to only forest resource lands for projects that qualify as Small-Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are limited by JCC 18.20.350(3) (Exhibit 8). D. Limits outdoor CSFs in forest resource lands with a quota (approximately 150 acres total in the 328,785 acres of forest resource lands throughout the county). Page 56 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 E. Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. F. Continues to rely on existing laws that: (a) Require compliance with critical area, shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous shooting of firearms; (d) Limit the types of weapons that can be used; and, (e) Prohibit the use of any explosive devices. G. Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above in response to Question A. 11. H. Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above in response to Question A. 11. I. Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices described below. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Farmland will not be Affected by this Proposal: Farmland will not be affected by this proposal because CSFs will not be authorized in agricultural resource zones. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Additional Protections for Forest Lands under the Project: Under Alternatives 1, 2, 3 and 5, indoor and outdoor CSFs would be permitted with a CUP. This may result in the conversion of forest resource lands to nonforest uses. However, under Alternatives 1, 2, and 5, a quota would apply to all new indoor and outdoor CSFs in forest resource lands. The quota would limit CSFs to 0.05 percent of all forest lands. This amounts to approximately 150 acres. Jefferson County has approximately 328,785 acres of forest resource lands. This quota, in addition to the Small-Scale Recreation or Tourist Uses standards ensure the longevity of Jefferson County forest resource lands. Further, the Small-Scale Recreation or Tourist Uses standards are designed to ensure that uses can co-exist with the useful production of forest resource lands. Alternatives 1, 2, 3, 4 and 5 all are more protective than the no-action alternative, because under the no-action alternative, the “unnamed use” loophole may allow shooting facilities at a scale and intensity that is inconsistent with forest resource lands. For example, a large-scale shooting facility, if it is not classified as a Small-Scale Recreation and Tourist Use, then the use may be allowed by right, allowed with a CUP, or not permitted. vi. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: (i) Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture, and mineral lands of long-term commercial significance; (ii) Does not disrupt the character of any surrounding permitted uses; (iii) Is adequately served by Page 57 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 public facilities and services (including roadway level-of-service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; (iv) Adequately protects critical areas including surface and groundwater resources; (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl; or be otherwise incompatible with or injurious to the rural character of the area; (vi) For designated agricultural lands, converts as little land with prime agricultural soils as practicable into nonagricultural use.” JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” (Emphasis added.) vii. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. viii. Measures to Reduce or Control Impacts to Forest Lands of Long-Term Significance: Measures to reduce or control impacts to forest lands of long-term significance are: A. Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) and the forest resource district protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4). B. Limits outdoor CSFs to only forest resource lands for projects that qualify as Small-Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are limited by JCC 18.20.350(3) (Exhibit 8). C. Limits outdoor CSFs in forest resource lands with a quota (approximately 150 acres total in the 328,785 acres of forest resource lands throughout the county). D. Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in JCC 18.40.530. E. Continues to rely on existing laws that: (a) Require compliance with critical area, shoreline, and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous shooting of firearms; (d) Limit the types of weapons that can be used; and, (e) Prohibit the use of any explosive devices. F. Fixes the ambiguities identified in the no-action alternative items (2) to (5), discussed above in response to Question A. 11. G. Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above in response to Question A. 11. H. Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices described below. 9. Housing [help] a. Approximately how many units would be provided if any? Indicate whether high, middle, or low-income housing. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Housing Units to be Provided, if any, Discussed at the Project Level. Housing units to be provided will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article Page 58 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Housing Units to be Eliminated, if any, Discussed at the Project Level. Housing units to be eliminated will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. c. Proposed measures to reduce or control housing impacts, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Proposed Measures to Reduce or Control Housing Impacts Discussed at the Project Level. Proposed measures to reduce or control housing impacts will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 10. Aesthetics [help] a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? [help] RESPONSE: Page 59 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Tallest Height and Exterior Building Materials Discussed at the Project Level. Tallest height and exterior building materials on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(e) that requires: “The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties.” v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. b. What views in the immediate vicinity would be altered or obstructed? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Views Altered or Obstructed Discussed at the Project Level. Views altered or obstructed in the immediate vicinity of a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(e) that requires: “The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties.” v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(iii) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties” and JCC 18.20.350(3)(f) requires that the applicant demonstrate to the satisfaction of the approving authority that: “All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and side property lines to protect the character of adjacent and surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 in order to ensure that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential (RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses in the district.” (Emphasis added.) Page 60 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 i. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. i. Protection Views at the Project Level: JCC 18.25.300(2) Requires building height limits when such a height will obstruct the view of a substantial number of residences on or adjoining such shorelines. JCC 18.25.310(2)(c) requires vegetation management to maintain views at shorelines. c. Proposed measures to reduce or control aesthetic impacts, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Measures to Reduce or Control Aesthetic Impacts Discussed at the Project Level. Measures to reduce or control aesthetic impacts will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Conditional Use Approval Criteria for CSF Projects: For future CSF projects subject to the conditional use approval criteria, including JCC 18.40.530(1)(e) that requires: “The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties,” JCC 18.40.530(1)(j) that requires: “The conditional use has merit and value for the community as a whole,” JCC 18.40.530(1)(k) that requires: “The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan,” and, JCC 18.40.530(1)(l) that requires: “The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.” v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(iii) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties” and JCC 18.20.350(3)(f) requires that the applicant demonstrate to the satisfaction of the approving authority that: “All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and side property lines to protect the character of adjacent and surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 to ensure that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential (RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses in the district.” (Emphasis added.) vi. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vii. Protection Aesthetic Impacts at the Project Level: JCC 18.25.300(2) Requires building height limits when such a height will obstruct the view of a substantial number of residences on or adjoining such shorelines. JCC 18.25.310(2)(c) requires vegetation management to maintain views at shorelines. Page 61 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly occur? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Light or Glare Discussed at the Project Level. The type of light or glare a proposal produces will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(h) requires that the applicant demonstrate to the satisfaction of the approving authority that: “(h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC.” (Emphasis added.) i. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. ii. Protection Against Light or Glare Impacts at the Project Level: JCC 18.30.140 contains Jefferson County’s lighting regulations. b. Could light or glare from the finished project be a safety hazard or interfere with views? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Light or Glare Discussed at the Project Level. The type of light or glare a proposal produces will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(h) requires that the applicant demonstrate to the satisfaction of the approving authority that: “(h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC.” (Emphasis added.) iii. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. iv. Protection Against Light or Glare Impacts at the Project Level: JCC 18.30.140 contains Jefferson County’s lighting regulations. Page 62 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 c. What existing off-site sources of light or glare may affect your proposal? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Light or Glare Discussed at the Project Level. The type of light or glare a proposal produces will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). vi. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(h) requires that the applicant demonstrate to the satisfaction of the approving authority that: “(h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC.” (Emphasis added.) iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. iv. Protection Against Light or Glare Impacts at the Project Level: JCC 18.30.140 contains Jefferson County’s lighting regulations. d. Proposed measures to reduce or control light and glare impacts, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Light or Glare Discussed at the Project Level. The type of light or glare a proposal produces will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). vii. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(h) requires that the applicant demonstrate to the satisfaction of the approving authority that: “(h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC.” (Emphasis added.) v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. iv. Protection Against Light or Glare Impacts at the Project Level: JCC 18.30.140 contains Jefferson County’s lighting regulations. Page 63 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 12. Recreation [help] a. What designated and informal recreational opportunities are in the immediate vicinity? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Designated and Informal Recreational Opportunities Discussed at the Project Level. Designated and informal recreational opportunities will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. b. Would the proposed project displace any existing recreational uses? If so, describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Displacement of Recreational Opportunities Discussed at the Project Level. Displacement of recreational opportunities will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Measures to Reduce or Control Impacts On Recreation Discussed at the Project Level. Measures to reduce or control impacts on recreation will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article Page 64 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection of Recreation at the Project Level: Flood control structure regulations: (a) Prohibit flood control structures and stream channelization projects that damage fish and wildlife resources, recreation, or aesthetic resources, or create high flood stages and velocities. Jefferson County Code 18.25.380(3)(e); and, (b) Require that flood control structures not adversely affect valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided banks. Jefferson County Code 18.25.380(3)(g). vi. Additional Protection for Impacts to Recreation Required by the Proposal at the Project Level: All alternatives, excluding the no-action alternative, include extensive measures to ensure that the projectiles at CSFs are fully contained and have no adverse impact on surrounding recreation within forest resource lands. First, the proposal requires that CSFs must be designed and operated so that when firearms are operating in accordance with rules and regulations approved as part of an application for operation of a CSF under the Title 8 Ordinance and for siting and design of a CSF under the Title 18 Ordinance, all projectiles must be kept from leaving any shooting range or the CSF. Second, compliance with the NRA Range Source Book is required, which contains extensive substantive standards relating to the containment of projectiles at CSFs and measures to prevent stray bullets. Third, compliance with environmental BMPs is required. Finally, any noise impacts on recreation should be evaluated and mitigated under the discretionary use or CUP approval process. 13. Historic and cultural preservation [help] 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? If so, specifically describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Buildings, Structures or Sites Over 45 Years Old Listed in or Eligible for Listing in Preservation Registers: 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 will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Historic and Cultural Preservation at the Project Level: Jefferson County’s Archaeological and Historic Resources Regulation, JCC 18.30.160 requires: (1) When an application for a permit is received for an area known to contain archaeological artifacts and data as identified by appropriate state, federal or tribal agencies, the county shall not take action on the application and shall inform the applicant thereof, and the applicant shall not initiate any excavation or development activity until the site has been inspected and a written evaluation is provided by a qualified archaeologist. Significant Page 65 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 archaeological data or artifacts must be recovered before work begins or resumes on a project. No application will be delayed more than 10 working days for such an inspection. If the application is approved by the county, conditions shall be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site. (2) All permits shall contain a special provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately and the administrator must be notified at once. Activities authorized by the permit will not be delayed more than five working days for a finding of significance by the administrator, following the administrator’s receipt of notification, unless the permit holder agrees to an extension of that time period. (3) All development proposed for location adjacent to sites which are listed or are determined by the appropriate state or federal authority to be eligible for listing in the state or national registers of historic places must be located so as to complement the historic site. Development which degrades or destroys the historical character of such sites is not permitted. (4) Archaeological sites are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and must comply with Chapter 25- 48 WAC (Archaeological Excavation and Removal Permit). Archaeological excavations are allowed subject to applicable state laws. (5) Identified historical or archaeological resources must be considered in site planning for public parks, public open space, and public access and site planning, with access to such areas designed and managed so as to give maximum protection to the resource. When individual projects are analyzed to ensure compliance with Jefferson County’s Archaeological and Historic Resources Regulation, the County: (a) will utilize GIS, surveys, and databases; and, (b) as necessary, consult with the tribes and Washington Department of Archeology and Historic Preservation. 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Landmarks, Features, or Other Evidence of Indian or Historic Use or Occupation: Any landmarks, features, or other evidence of Indian or historic use or occupation will be discussed in a future project- level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). Page 66 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Historic and Cultural Preservation at the Project Level: Jefferson County’s Archaeological and Historic Resources Regulation, JCC 18.30.160 requires: (1) When an application for a permit is received for an area known to contain archaeological artifacts and data as identified by appropriate state, federal or tribal agencies, the county shall not take action on the application and shall inform the applicant thereof, and the applicant shall not initiate any excavation or development activity until the site has been inspected and a written evaluation is provided by a qualified archaeologist. Significant archaeological data or artifacts must be recovered before work begins or resumes on a project. No application will be delayed more than 10 working days for such an inspection. If the application is approved by the county, conditions shall be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site. (2) All permits shall contain a special provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately and the administrator must be notified at once. Activities authorized by the permit will not be delayed more than five working days for a finding of significance by the administrator, following the administrator’s receipt of notification, unless the permit holder agrees to an extension of that time period. (3) All development proposed for location adjacent to sites which are listed or are determined by the appropriate state or federal authority to be eligible for listing in the state or national registers of historic places must be located so as to complement the historic site. Development which degrades or destroys the historical character of such sites is not permitted. (4) Archaeological sites are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and must comply with Chapter 25- 48 WAC (Archaeological Excavation and Removal Permit). Archaeological excavations are allowed subject to applicable state laws. (5) Identified historical or archaeological resources must be considered in site planning for public parks, public open space, and public access and site planning, with access to such areas designed and managed so as to give maximum protection to the resource. When individual projects are analyzed to ensure compliance with Jefferson County’s Archaeological and Historic Resources Regulation, the County: (a) will utilize GIS, surveys, and databases; and, (b) As necessary, consult with the tribes and Washington Department of Archeology and Historic Preservation. 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. Page 67 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 ii. Methods Used to Assess the Potential Impacts to Cultural and Historic Resources on or Near the Project Site. Methods used to assess the potential impacts to cultural and historic resources on or near a project site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Historic and Cultural Preservation at the Project Level: Jefferson County’s Archaeological and Historic Resources Regulation, JCC 18.30.160 requires: (1) When an application for a permit is received for an area known to contain archaeological artifacts and data as identified by appropriate state, federal or tribal agencies, the county shall not take action on the application and shall inform the applicant thereof, and the applicant shall not initiate any excavation or development activity until the site has been inspected and a written evaluation is provided by a qualified archaeologist. Significant archaeological data or artifacts must be recovered before work begins or resumes on a project. No application will be delayed more than 10 working days for such an inspection. If the application is approved by the county, conditions shall be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site. (2) All permits shall contain a special provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately and the administrator must be notified at once. Activities authorized by the permit will not be delayed more than five working days for a finding of significance by the administrator, following the administrator’s receipt of notification, unless the permit holder agrees to an extension of that time period. (3) All development proposed for location adjacent to sites which are listed or are determined by the appropriate state or federal authority to be eligible for listing in the state or national registers of historic places must be located so as to complement the historic site. Development which degrades or destroys the historical character of such sites is not permitted. (4) Archaeological sites are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and must comply with Chapter 25- 48 WAC (Archaeological Excavation and Removal Permit). Archaeological excavations are allowed subject to applicable state laws. (5) Identified historical or archaeological resources must be considered in site planning for public parks, public open space, and public access and site planning, with access to such areas designed and managed so as to give maximum protection to the resource. When individual projects are analyzed to ensure compliance with Jefferson County’s Archaeological and Historic Resources Regulation, the County: (a) will utilize GIS, surveys, and databases; and, (b) As necessary, consult with the tribes and Washington Department of Archeology and Historic Preservation. Page 68 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Measures to Avoid, Minimize, or Compensate for Loss, Changes to, and Disturbance to Cultural and Historic Resources on or Near the Project Site. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources on or near a project site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Historic and Cultural Preservation at the Project Level: Jefferson County’s Archaeological and Historic Resources Regulation, JCC 18.30.160 requires: (1) When an application for a permit is received for an area known to contain archaeological artifacts and data as identified by appropriate state, federal or tribal agencies, the county shall not take action on the application and shall inform the applicant thereof, and the applicant shall not initiate any excavation or development activity until the site has been inspected and a written evaluation is provided by a qualified archaeologist. Significant archaeological data or artifacts must be recovered before work begins or resumes on a project. No application will be delayed more than 10 working days for such an inspection. If the application is approved by the county, conditions shall be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site. (2) All permits shall contain a special provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately and the administrator must be notified at once. Activities authorized by the permit will not be delayed more than five working days for a finding of significance by the administrator, following the administrator’s receipt of notification, unless the permit holder agrees to an extension of that time period. (3) All development proposed for location adjacent to sites which are listed or are determined by the appropriate state or federal authority to be eligible for listing in the state or national registers of historic places must be located so as to complement the historic site. Development which degrades or destroys the historical character of such sites is not permitted. (4) Archaeological sites are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and must comply with Chapter 25- 48 WAC (Archaeological Excavation and Removal Permit). Archaeological excavations are allowed subject to applicable state laws. Page 69 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 (5) Identified historical or archaeological resources must be considered in site planning for public parks, public open space, and public access and site planning, with access to such areas designed and managed so as to give maximum protection to the resource. When individual projects are analyzed to ensure compliance with Jefferson County’s Archaeological and Historic Resources Regulation, the County: (a) will utilize GIS, surveys, and databases; and, (b) As necessary, consult with the tribes and Washington Department of Archeology and Historic Preservation. 14. Transportation [help] 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Public Streets and Highways Serving the Site or Affected Geographic Area and Proposed Access to Existing Street System Discussed at the Project Level. Public streets and highways serving a site or affected geographic area and proposed access to the existing street system on a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(g) requires that the applicant demonstrate to the satisfaction of the approving authority that: “All small-scale recreation or tourist uses shall use local access or minor collector roads for primary access whenever practicable. Access off of state routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assure mobility is not degraded.” (Emphasis added.) i. Requirements for Transportation at the Project Level: JCC 18.30.020(5) requires: All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become inadequate, the applicant shall be required to provide necessary improvements and/or implement alternative measures such as transportation demand management (TDM), project phasing, or other measures acceptable to Jefferson County that will maintain the adopted level of service standards and meet design standards. If transportation facilities are not adequate, Jefferson County shall not approve the proposed development. Transportation facilities shall be deemed adequate if necessary, improvements are planned and designated funding is secured in the Jefferson County Six-Year Transportation Improvement Program. Page 70 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 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? [help] RESPONSE: v. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. vi. Service by Public Transportation. Service by public transportation on a site or an affected geographical area will be discussed in a future project-level SEPA checklist. vii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). viii. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. ix. Requirements for Transportation at the Project Level: JCC 18.30.020(5) requires: All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become inadequate, the applicant shall be required to provide necessary improvements and/or implement alternative measures such as transportation demand management (TDM), project phasing, or other measures acceptable to Jefferson County that will maintain the adopted level of service standards and meet design standards. If transportation facilities are not adequate, Jefferson County shall not approve the proposed development. Transportation facilities shall be deemed adequate if necessary, improvements are planned and designated funding is secured in the Jefferson County Six-Year Transportation Improvement Program. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Parking Spaces. Parking spaces will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(e) requires that the applicant demonstrate to the satisfaction of the Page 71 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 approving authority that: “Parking shall be contained on-site and provided in conformance with this code, including JCC 18.30.100 and 18.30.130.” i. Requirements for Parking at the Project Level: JCC 18.30.020(3) requires: “No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or structure” 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). [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Required New or Improvements to Existing Roads, Streets, Pedestrian, Bicycle or State Transportation Facilities Discussed at the Project Level. Any required new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities will be discussed in a future project-level SEPA checklist. Several segments of state routes in unincorporated Jefferson County have exceeded their accepted level of service. See Jefferson County Comprehensive Plan, pg. 6- 10. However, these areas are limited and discrete. Since CSFs are not listed use in the ITE Trip Generation Manual, a traffic study will likely be required for new CSFs as a part of the CUP or discretionary use process and/or SEPA review. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(g) requires that the applicant demonstrate to the satisfaction of the approving authority that: “All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary access whenever practicable. Access off of state routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assure mobility is not degraded.” (Emphasis added.) v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vi. Requirements for Transportation at the Project Level: JCC 18.30.020(5) requires: All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become inadequate, the applicant shall be required to provide necessary improvements and/or implement alternative measures such as transportation demand management (TDM), project phasing, or other measures acceptable to Jefferson County that will maintain the adopted level of service standards and meet design standards. If transportation facilities are not adequate, Jefferson County shall not approve the proposed development. Transportation facilities shall be deemed adequate if necessary, improvements are planned and designated funding is secured in the Jefferson County Six-Year Transportation Improvement Program. Page 72 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Use of Water, Rail or Air Transportation Discussed at the Project Level: Use of water, rail or air transportation for a project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Requirements for Transportation at the Project Level: JCC 18.30.020(5) requires: All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become inadequate, the applicant shall be required to provide necessary improvements and/or implement alternative measures such as transportation demand management (TDM), project phasing, or other measures acceptable to Jefferson County that will maintain the adopted level of service standards and meet design standards. If transportation facilities are not adequate, Jefferson County shall not approve the proposed development. Transportation facilities shall be deemed adequate if necessary, improvements are planned and designated funding is secured in the Jefferson County Six-Year Transportation Improvement Program. 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 and nonpassenger vehicles). What data or transportation models were used to make these estimates? [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Vehicular Trips per Day Discussed at the Project Level. Vehicular trips per day for a project will be discussed in a future project-level SEPA checklist. CSFs are not listed use in the ITE Trip Generation Manual; a traffic study will likely be required for new CSFs as a part of the CUP or discretionary use process and/or SEPA review. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). Page 73 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Interference or Affect by Movement of Agricultural and Forest Products: Any interference or effect on a project by the movement of agricultural and forest products on roads or streets in the area will be discussed in a future project-level SEPA checklist. CSFs are not listed use in the ITE Trip Generation Manual, a traffic study will likely be required for new CSFs as a part of the CUP or discretionary use process and/or SEPA review. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(g) requires that the applicant demonstrate to the satisfaction of the approving authority that: “All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary access whenever practicable. Access off of state routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assure mobility is not degraded.” h. Proposed measures to reduce or control transportation impacts, if any: [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Measures to Reduce or Control Transportation Impacts Discussed at the Project Level: Any measures to reduce or control transportation impacts will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. Page 74 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 15. Public Services [help] 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Increased Need for Public Services Discussed at the Project Level: Any increased need for public services for a project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria: (a) JCC 18.20.350(3)(a)(vi) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl;” and, (b) JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; … (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl, or be otherwise incompatible with or injurious to the rural character of the area.” JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” (Emphasis added.) v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. vi. It is anticipated that CSFs may require fire protection, police protection, and public transit. Given the quota and development regulations imposed in all the alternatives (excluding the no-action), it is unlikely that any additional need will result in decreased levels of service or response times. b. Proposed measures to reduce or control direct impacts on public services, if any. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. Page 75 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 ii. Measures to Reduce or Control Direct Impacts on Public Services Discussed at the Project Level: Any measures to reduce or control direct impacts on public services for a project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Relevant Small-Scale Recreation or Tourist Use Approval Criteria for CSF Projects in Forest Resource Zones: For future CSF projects subject to the small-scale recreation or tourist approval criteria: (a) JCC 18.20.350(3)(a)(vi) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl;” and, (b) JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; … (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl, or be otherwise incompatible with or injurious to the rural character of the area.” JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” (Emphasis added.) v. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. Specifically, BMPs and development regulations will limit the direct impact on public services by designing and running a safe CSF. For example, the legislative alternative will require containment of the CSF, compliance with the 2012 NRS Range Source Book, and that the CSF develop and implement rules and regulations for end users of the CSF. 16. Utilities [help] a. Circle utilities currently available at the site: [help] electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Utilities Currently Available Discussed at the Project Level: Any utilities available for a site will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and Page 76 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection Related to Utilities at the Project Level: JCC 18.25.320(2)(b) requires that to avoid water quality degradation by malfunctioning or failing septic systems, on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards. 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. [help] RESPONSE: i. Not a Project Proposal: There is no “project” or “site” for this proposal. This is a non-project proposal for legislation that amends the Jefferson County Code. ii. Utilities Proposed Described at the Project Level. Utilities proposed for a project will be discussed in a future project-level SEPA checklist. iii. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). See Chapters 18.15, 18.20 and 18.30 JCC for development and performance standards. See also JCC 18.40.530 for the 12 CUP approval criteria (Exhibit 1) and JCC 18.15.045 for the discretionary use criteria (Exhibit 2). iv. Additional Protections in Alternatives 1 through 5: Additional protections for human health and the environment for Alternatives 1 through 5, compared to the no-action alternative, are described in detail in the Brief and Complete Discussion in response to Question A.11, above. v. Protection Related to Utilities at the Project Level: JCC 18.25.320(2)(b) requires that to avoid water quality degradation by malfunctioning or failing septic systems, on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards. Page 78 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 D. Supplemental Sheet for Nonproject Actions [help] (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; production, storage, or release of toxic or hazardous substances; or production of noise? RESPONSE: Whether the Proposal Likely Would Result in an Increase Discharge to Water: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, there is a possibility of increase of discharges to water. Alternatives 1 through 5 allow indoor or outdoor CSFs in certain zoning districts, either as a discretionary use, or pursuant to a CUP. Development of individual CSF projects may result in additional impervious square footage which typically increases stormwater runoff. However, any impacts will be mitigated because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130, which provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels and JCC 18.30.050 and JCC 18.30.070(5), which contain impervious surface regulations.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” Page 79 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Would Result in an Increase Emissions to Air: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, there likely will be an increase in air emissions, mostly from automobile vehicle trips and possibly from the gases produced from igniting the cap in a cartridge in a firearm at a CSF. At this time, the project details are unknown, so it is not possible to accurately forecast the emissions as the vehicle count for any CSF or from the igniting caps in cartridges in a firearm at a CSF. When a cartridge is shot, and before the projectile leaves the gun, all the powder grains should be completely burnt; however, if this ideal case does not happen, it is possible to find unburnt or partially burnt powder particles. K.-M. Pun, A. Gallusser, Macroscopic observation of the morphological characteristics of the ammunition gunpowder, Forensic Sci. Int.; 175(2-3), 179-185 (2008) (Pun and Gallusser 2008). Firing a weapon produces combustion of both the primer and powder of the cartridge. Gunpowder or “black powder” is no longer used in modern firearms. The powder used in modern ammunition is known as smokeless powder. Smokeless power mostly is made of nitrocellulose, also known as cellulose nitrate, guncotton, and NC. There also may be trace amounts of other chemicals in smokeless powder. For handguns and shotgun loads nitrocellulose is enhanced with nitroglycerin. The residue of the combustion products, called gunshot residue (GSR), can consist of both burned and unburned primer or powder components, combined with additional residues from the surface of the bullet, surface of the cartridge case, and lubricants used on the firearm. Residues can be either inorganic or organic in nature. C. Vachon and M. Martinez, Understanding Gunshot Residue Evidence and Its Role in Forensic Science, Am J Forensic Med Pathol (2019); 40: 210– 219 (Vachon and Martinez, 2019). Residues most often derive from the primer cap, which typically contains a mixture of components: the shock-sensitive explosive lead styphnate, oxidizer barium nitrate, and antimony sulfide fuel. Thus, the most commonly encountered residue metals are lead (Pb), barium (Ba), and antimony (Sb). (Vachon and Martinez, 2019). Less common elements in GSR include aluminum (Al), sulfur (S), tin (Sn), calcium (Ca), potassium (K), chlorine (Cl), copper (Cu), strontium (Sr), zinc (Zn), titanium (Ti), or silicon (Si). How much GSR is produced depends upon a number of factors including, the size and geometry of the powder grains, the variability of the color of the powder, the length of the barrel and the type of base of the bullet. (Pun and Gallusser 2008). However, it should be noted that the rural/UGA commercial and industrial zoning districts permit similar development patterns which would result in similar air emission impacts regardless of this proposal. Further, any impacts will be mitigated because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. Page 80 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) that requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” If an alternative is selected which allows outdoor CSF, there is a possibility of lead dust ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead dust, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. Whether the Proposal Likely Would Result in Production or Release of Toxic or Hazardous Substances: Under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, there likely will be the discharge of hazardous materials into the surrounding environment. Lead is the primary environmental concern from indoor and outdoor CSFs. A 2017 National Institute of Health Journal Article reviewed existing scientific studies concluding that users of shooting ranges had lead exposure above the US Center for Disease Control (CDC) recommended blood levels. Lead Exposure at Firing Ranges – A Review, Environmental Health, National Institutes of Health, available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5379568/. Generally, lead can be introduced into the environment in the following three ways:  Lead oxides when exposed to air and dissolves when exposed to acidic water or soil;  Lead bullets, bullet particles, or dissolved lead can be moved by stormwater runoff; and,  Dissolved lead can migrate through soils to groundwater. However, any impacts will be mitigated because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130, which provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. Page 81 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the conditional use approval criteria, Jefferson County Code 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, Jefferson County Code 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” If an alternative is selected which allows outdoor CSF, there is a possibility of lead discharge through stormwater runoff into surface waters (if the proposal is close enough to surface waters) or ingestion by animals or humans. However, a future project applicant is required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead, that they prevent migration, that they remove and recycle the lead, and that they document activities and keep records. See Exhibit 9, USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges. Range workers may be exposed to lead dust while performing routine maintenance or by direct contact with lead. Id. However “[t]he relative risk of lead exposure to people in a well-managed facility is low.” Id. Lead exposure and environmental contamination at outdoor shooting ranges will be mitigated through BMPs. This BMP states “[t]he relative risk of lead exposure to people in a well-managed facility is low.” Figure 3-1, above, describes the lead management BMPs for outdoor shooting ranges. The proposal requires compliance with these BMPs. These BMPs should reduce lead exposure to human, animals, stormwater runoff, and groundwater to levels which will not have an adverse impact on the environment. See Exhibit 9. Lead exposure and environmental contamination for indoor CSFs will be mitigated through BMPs. The National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges issued BMPs for lead exposure at indoor CSFs. These BMPs require several lead mitigation actions, such as providing information and training on lead exposure, establishing effective engineering and administrative controls, and recommends that protective covering is worn (e.g., full outer clothing, respirators, and eye protection). The BMPs require well- designed heating, ventilation, and air condition (HVAC) controls. See Exhibit 10. Page 82 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Whether the Proposal Likely Would Result in Production Noise: Under all the alternatives, CSFs likely would result in the production of noise. A 2011 study by the Centers for Disease Control, observed peak noise levels of 160 dba when discharging certain types of weapons. Noise and Lead Exposures at an Outdoor Firing Range – California, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, available at https://www.cdc.gov/niosh/hhe/reports/pdfs/2011-0069-3140.pdf. Noise impacts at outdoor CSFs likely will impact human users, nearby animals, and potentially surrounding properties. Noise impacts at indoor CSFs will impact human users. Noise impacts to animals and surrounding properties is not expected for indoor CSFs. However, any impacts will be mitigated because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.190, which incorporates noise mitigation requirements in the State Environmental Policy Act, Chapter 43.21C RCW, related to noise abatement, and provides that noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they exist now or may be amended in the future.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” If an alternative is selected which allows outdoor CSFs, the proposal and alternatives require BMPs to maximize sound suppression for operations, siting, and design consistent with Chapter 8.70 JCC (noise control) and the NRA Range Source Book, including requiring protective ear coverings. Outdoor CSFs will be a conditional use, which requires compliance with all 12 CUP approval criteria in the Jefferson County Code. Of importance, the following CUP approval criteria states: “(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel.” JCC 18.40.530(1)(d) (emphasis added). If an alternative is selected which allows indoor CSFs, the indoor CSFs must comply with BMPs consistent with Chapter 8.70 JCC (noise control), the NRA Range Source Book, and the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges. (Exhibit 10). This BMP suggests several techniques to reduce the transmission of noise including sealing all physical leaks (electrical outlets, spaces around doors, etc.), installing acoustical absorptive materials, and requiring users and workers to wear protective ear coverings. The applicable manuals, in addition to the requirement that the CSFs maintain rules and regulations should ensure that users and range workers will use protective ear coverings. Page 83 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Under Alternatives 1, 2, 3, and 4, some CSFs will require a CUP. The following CUP approval criteria states “[t]he conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel”. JCC 18.40.530(1)(d). (Emphasis added). This CUP criteria requires that the applicant demonstrate by a preponderance of the evidence that noise impacts will not “unreasonably impact existing uses in the vicinity of the subject parcel”. This will likely require individual, in-depth noise studies to demonstrate compliance with this regulation. This analysis will be completed at the project level. Further, Jefferson County has authority to impose additional conditions on CUPs to ensure that noise is properly abated when issuing the CUP. Under JCC 18.40.540, the CUP may “[c]ontain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoid nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, and physical hazards.” (Emphasis added.) If all 12 of the applicable CUP approval criteria cannot be met by a preponderance of the evidence, the application must be denied. Further, individual projects will be subject to SEPA review, including the substantive SEPA authority under an MDNS, unless the project is exempt from SEPA review. SEPA review includes analysis of noise impacts. Future CSF projects in forest resource lands will be subject to the small-scale recreation or tourist approval criteria. JCC 18.20.350(3)(a)(iii) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties.” (Emphasis added.) 2. How would the proposal be likely to affect plants, animals, fish, or marine life? RESPONSE: Whether the Proposal Likely Affects Plants: CSFs may affect plants. However, any affects will be mitigated because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.265, which requires a habitat management plan; JCC 18.22.270, which provides protection standards on drainage and erosion control for fish, wildlife habitat conservation areas; JCC 18.22.270(4), which requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer; JCC 18.22.310; 18.22.330; and, 18.22.350, which require wetland protection, buffers and mitigation. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.270(3)(h), which requires vegetation maintenance in shoreline buffers; JCC 18.25.310, which contains vegetation conservation regulations for shorelines; JCC 18.25.390(3)(i), which contains limitations on removal of vegetation related to in-stream structures; and, JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2). Page 84 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Affects Animals: CSFs may affect animals. First, stray bullets from a CSF could endanger animals. Second, USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges states “[d]etrimental effects due to elevated lead levels can also be found in animals. Excessive exposure to lead, primarily from ingestion, can cause increased mortality rates in cattle, sheep, and waterfowl.” Third, noise from a CSF could affect animals. However, any effects will be mitigated by the proposal because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.265, which requires a habitat management plan; JCC 18.22.270, which provides protection standards on drainage and erosion control for fish, wildlife habitat conservation areas; JCC 18.22.270(4), which requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer; JCC 18.22.310; 18.22.330; and, 18.22.350, which require wetland protection, buffers, and mitigation. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. Alternatives 1 through 5 of the proposal require that CSFs:  Contain Stray Bullets: CSFs must be designed and operated so that when firearms are operating in accordance with rules and regulations approved as part of an application for operation of a CSF Page 85 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 under the Title 8 Ordinance and for siting and design of a CSF under the Title 18 Ordinance, all projectiles must be kept from leaving any shooting range or the CSF.  Comply with Added Environmental, Health, Noise, and Safety Standards or Best Management Practices: CSFs must comply with the Environmental, Health, Noise and Safety Standards or Best Management Practices added in the proposal, discussed above in response to Question A.  Mitigate Noise: CSFs must mitigate noise, as discussed in response to Question D.1, above. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Affects Fish: CSFs may affect fish. However, any effects will be mitigated by the proposal because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.265, which requires a habitat management plan; JCC 18.22.270, which provides protection standards on drainage and erosion control for fish, wildlife habitat conservation areas; JCC 18.22.270(4), which requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer; JCC 18.22.310; 18.22.330; and, 18.22.350, which require wetland protection, buffers, and mitigation. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” Page 86 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Would Affect Marine Life: CSFs may affect marine life. However, any effects will be mitigated by the proposal because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.265, which requires a habitat management plan; JCC 18.22.270(4), which requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer; JCC 18.22.310; 18.22.330, and 18.22.350, which require wetland protection, buffers, and mitigation. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” 3. How would the proposal be likely to deplete energy or natural resources? RESPONSE: Whether the Proposal Likely Depletes Energy Resources: CSFs may deplete energy resources. However, any effects will be mitigated by the proposal because under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Page 87 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Deplete Natural Resources: CSFs may deplete natural resources. However, any effects will be mitigated by the proposal because under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130, which provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. Page 88 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” If an alternative is selected which allows outdoor and/or indoor CSFs in forest resource lands, this non-forest use may result in a use which reduces forest resource lands as the portion of the land dedicated to ranges and/or supporting structures will likely not be capable of harvesting trees. Below is a summary of the zoning of forest resource lands in Jefferson County. Zoned Land in Jefferson County Acres Percentage of Total Percentage of Forest Resource Lands Reference Total Zoned Land 430,110 100.00% - 2018 Comp Plan, 1-17 Forest Resource Lands (IF-20, RF-40, and CF-80) 328,785 76.44% 100.00% 2018 Comp Plan, 1-17 Forest Resource Lands IF-20 Only 7,250 1.69% 100.00% 2018 Comp Plan, 2-12 Forest Resource Lands CF-80 Only 309,493 71.96% 100.00% 2018 Comp Plan, 2-12 Forest Resource Lands RF-40 Only 12,204 2.84% 100.00% 2018 Comp Plan, 2-12 As discussed above, Alternatives 1, 2 and 4 permit CSFs with a CUP in forest resource lands. Under all of these alternatives, a quota would apply to all new indoor and outdoor CSFs in forest resource lands. The quota would limit CSFs to 0.05 percent of all forest lands. This amounts to approximately 150 acres. Jefferson County has approximately 328,785 acres of forest resource lands. This quota, in addition to the Small-Scale Recreation or Tourist Uses standards ensure the longevity of Jefferson County forest resource lands. Further, the Small-Scale Recreation or Tourist Uses standards are designed to ensure that uses can co-exist with the useful production of forest resource lands. Under Alternatives 1-5, all new CSF proposals would likely be treated as a conditional use in forest resource lands. Under Alternatives 1 through 4 (but not the no-action alternative), loopholes in Title 18 relating to the siting of indoor and outdoor CSFs are closed. Without this legislation, there is an argument that CSFs may be permitted as an allowed use, CUP, or not permitted under the unnamed use loophole, which may allow CSFs in forest resource lands. 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? RESPONSE: Whether the Proposal Likely Would Use or Affect Environmentally Sensitive Areas: CSFs may use or affect environmentally sensitive areas. However, any effects will be mitigated by the proposal because the proposal would limit use or effect on environmentally sensitive areas because, under Page 89 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130, which provides protection standards for environmentally sensitive areas, such as wetlands. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Would Use or Affect Areas Designated for Environmental Protection: CSFs may affect 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. However, any effects will be mitigated by the proposal because under each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130, which provides protection standards for fish and wildlife habitat conservation areas. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program. Page 90 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” 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? RESPONSE: Whether the Proposal Likely Would Affect Land Use, Including Use Incompatible with Existing Plans: CSFs may affect land use, including not allowing or encouraging land uses incompatible with existing plans and land use. However, any effects will be mitigated by the proposal because each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a).  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. Page 91 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Measures to Ensure the Proposal is Compatible with Existing and Projected Land Use and Plans in the Proposal: Measures to ensure the proposal is compatible with existing and projected land uses and plans are:  Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12 CUP approval criteria in Jefferson County Code 18.40.530 (Exhibit 3) and the forest resource district protections in Jefferson County Code 18.15.150 (Exhibit 9).  Limits outdoor CSFs to only forest resource lands for projects that qualify as Small-Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are limited by Jefferson County Code 18.20.350(3) (Exhibit 8).  Limits outdoor CSFs in forest resource lands with a quota (approximately 150 acres total in the 328,785 acres of forest resource lands throughout the county).  Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial and industrial zoning (excluding resource-based industrial zoning), subject to the 12 CUP approval criteria in Jefferson County Code 18.40.530.  Continues to rely on existing laws that: (a) Require compliance with critical area, shoreline, and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous shooting of firearms; (d) Limit the types of weapons that can be used; and, (e) Prohibit the use of any explosive devices.  Fixes the ambiguities identified in the no-action alternative items (2) and (5), discussed above in response to Question A. 11.  Fixes the loopholes identified in the no-action alternative items (8) to (10), discussed above in response to Question A. 11.  Adds the protections noted as missing in the no-action alternative items (11) to (23), including the standards and Best Management Practices discussed above in response to Question A. 11. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Would Affect Shoreline Use, Including Use Incompatible with Existing Plans: CSFs may affect shoreline use, including not allowing or encouraging shoreline uses incompatible with existing shoreline environmental designations. However, any effects will be mitigated by the proposal because under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program). Under the Shoreline Master Plan, CSFs may be characterized as an unclassified use requiring a shoreline conditional use permit or as a non-water oriented commercial use. A non-water oriented commercial use, if allowed in the shoreline environmental designation, may require a shoreline conditional use permit with the Department of Ecology approval. Shoreline jurisdiction applies when there is a use or development within those lands extending landward for 200 feet in all directions as measured on a horizontal plane from and perpendicular to the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes Page 92 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 and tidal waters which are subject to the provisions of Chapter 173-22 WAC, as may be amended; the same to be designated as to location by the Department of Ecology, as defined by Chapter 90.58 RCW. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” 6. How would the proposal be likely to increase demands on transportation or public services and utilities? RESPONSE: Whether the Proposal Likely Would Increase Demands on Transportation: It is not expected that additional traffic impacts will result from CSFs, as the impact of the zoning to the transportation network was analyzed under the Comprehensive Plan’s Environmental Impact Statement. If roadway or other improvements are required for a CSF, the Jefferson County Code and Comprehensive Plan will apply. Roadway improvements then would be a condition of approval for CSFs under most alternatives, if warranted. Furthermore, any effects will be mitigated by the proposal because increase demands on transportation because under each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC apply. This includes JCC 18.30.020(5), which requires: All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become inadequate, Page 93 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 the applicant shall be required to provide necessary improvements and/or implement alternative measures such as transportation demand management (TDM), project phasing, or other measures acceptable to Jefferson County that will maintain the adopted level of service standards and meet design standards. If transportation facilities are not adequate, Jefferson County shall not approve the proposed development. Transportation facilities shall be deemed adequate if necessary, improvements are planned and designated funding is secured in the Jefferson County Six-Year Transportation Improvement Program.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Whether the Proposal Likely Would Increase Demands on Public Services: CSFs may increase demands on public services. However, any effects will be mitigated by the proposal because under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130, which provides protection standards for groundwater in susceptible aquifer recharge and special aquifer protection areas. Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance.  Chapter 18.25 JCC (Shoreline Master Program), including JCC 18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and untreated effluents to any groundwater or surface water or to be discharged onto land. Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC, including JCC 18.30.070, which requires compliance with the Department of Ecology’s Stormwater Management Manual for Western Washington and JCC 18.30.060(1)(a), which requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. Page 94 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” Future CSF projects in forest resource lands would be subject to the small-scale recreation or tourist approval criteria: (a) JCC 18.20.350(3)(a)(vi) requires that the applicant demonstrate to the satisfaction of the approving authority that: “The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl;” and, (b) JCC 18.20.350(3)(j) requires that the applicant demonstrate to the satisfaction of the approving authority that: “For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: … (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; … (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl, or be otherwise incompatible with or injurious to the rural character of the area.” JCC 18.20.350(3)(a)(v) requires that the applicant demonstrate to the satisfaction of the approving authority that: “If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied.” (Emphasis added.) Whether the Proposal Likely Would Increase Demands on Utilities: CSFs may increase demands on utilities. However, any effects will be mitigated by the proposal because under each of the alternatives listed in the Brief and Complete Discussion in response to Question A.11, above, including the no-action alternative, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:  Chapter 18.22 JCC (Critical Areas Ordinance).Alternatives 1 through 5 do not propose any changes to the Critical Areas Ordinance. Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5 do not propose any changes to the Shoreline Master Program.  Development and performance standards in Chapters 18.15, 18.20 and 18.30 JCC.  12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use criteria in JCC 18.15.045 (Exhibit 2).  Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for future CSF projects in forest resource lands.  Substantive standards and best management practices required by the proposal that would mitigate these types of impacts.  SEPA, which requires analysis of these impacts at the project level. For future CSF projects subject to the conditional use approval criteria, JCC 18.40.530(1)(i) requires: “The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval.” Page 95 of 95 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 For future CSF projects subject to the discretionary use approval criteria, JCC 18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.” 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. RESPONSE: Whether the Proposal May Conflict with Local, State or Federal Laws or Requirements for the Protection of the Environment: The proposal likely would not conflict with local, state or federal laws or requirements for the protection of the environment. The proposal recognizes the Supremacy Principal described in WAC 365-196-725(1) in the findings of Title 8 and Title 18 Ordinances. Under the Supremacy Principle, state statutes and regulations cannot conflict with the United States Constitution, the Washington Constitution, and federal laws; and, local ordinances and regulations cannot conflict with the United States Constitution, federal laws, the Washington Constitution, or state laws. Under the proposal, each new CSF project proposal must comply with all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson County Code is attached as Exhibit 11. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 1 Exhibit 1 Jefferson County Code 18.40.530 – Conditional Use Approval Criteria 12 CUP approval criteria listed are below: (1) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) if all of the following criteria are satisfied: (a) The conditional use is harmonious and appropriate in design, character, and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (g) The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. (2) In instances where all of the above findings cannot be made, the application shall be denied. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 2 Exhibit 2 Jefferson County Code 18.15.045 – Discretionary Use Approval Criteria The discretionary use criteria are listed below: (2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may be allowed subject to the applicable development and performance standards (Chapters 18.20 and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for “discretionary”). On the basis of the administrative review, the administrator may classify the proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular land use district affected. Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter 18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use as an allowed “Yes” use in the particular district affected, only if the proposed development: (a) Complies with the applicable development standards of Chapter 18.30 JCC; (b) Complies with the performance and use-specific standards unique to the proposed use specified in Chapter 18.20 JCC; (c) Is appropriate in design, character, and appearance with the goals and policies for the land use designation and district in which the proposed use is located; (d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable regulations of the Shoreline Master Program if the application involves property located within the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit; (e) Will be served by adequate facilities including access, fire protection, water, and sewer facilities (municipal, community, or on-site systems); (f) Does not include any use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (Chapter 36.70 RCW); (g) Shall not adversely impact the public health, safety and general welfare of the residents of the county; (h) Shares characteristics common with but not of significantly greater intensity, density or that generates more environmental impact than those uses allowed in the district in which it is to be located; and (i) Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use. If the preceding conditions are not met to the satisfaction of the administrator, the administrator may either prohibit the use or require a conditional use permit. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 3 Exhibit 3 Forest District Development Regulations Jefferson County Code 18.15.150 Development in Forest Resource Land is limited by Jefferson County Code 18.15.150 as follows: (1) Residential Density. There shall be no subdivision of land designated commercial forest or rural forest for residential purposes. However, nothing in this code shall be construed to prevent the owner of designated commercial or rural forest land from living on his/her land; provided, that applicable building requirements are met. (2) Subdivisions and Use Limitations. Subdivision of commercial and rural forest lands for construction or installation of nonresidential purposes, as allowed in Table 3-1 in JCC 18.15.040, shall be at least 80 acres in size within the commercial forest designation and 40 acres in size within the rural forest designation and must meet the following criteria: (a) The facility cannot otherwise be suitably located on undesignated land; (b) The installation cannot otherwise be accomplished without subdivision; (c) The facility is to be located on the lowest feasible grade of forest land; and (d) The facility removes as little land as possible from timber production. (3) Setback Requirements for Adjacent Development. New structures proposed to be located on parcels adjacent to designated forest lands shall: (a) Establish and maintain a minimum 250-foot building setback adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, which shall serve as a resource protection area, as measured from the property boundaries of adjacent forest lands except as follows: (i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, then the new structure shall maintain the maximum setback possible; or (ii) If the owner of the land on which the new structure is proposed and the owner of the adjacent forest land each sign and file for record, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the properties, a setback of less than 250 feet adjacent to commercial forest lands and 100 feet adjacent to rural forest lands may be maintained; (b) Provide adequate access for fire vehicles; and (c) If the proposed structure is located within 250 feet of the boundary of commercial forest lands or within 100 feet of rural forest lands, in the area where the setback is to be applied, the property owner shall survey the property boundaries that abut forest land in the area where the setback is to be applied, locate the property boundaries on the ground, and submit a record of survey, or other means deemed acceptable to the administrator, with a building permit application. (4) Setback Requirements on Designated Forest Lands. Builders of new structures proposed to be located on parcels designated commercial, rural, or inholding forest shall: (a) Establish and maintain a minimum 250-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial and rural forest lands except as follows: Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 3 (i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet, the new structure shall maintain the maximum setback possible. (5) Establishment of Resource Protection Areas. Subdivisions, short subdivisions and rural cluster subdivisions of parcels adjacent to forest land shall establish a resource protection area of a minimum 250- foot width along commercial forest land boundaries and 100-foot width along rural forest and inholding forest land boundaries. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 4 Exhibit 4 Forest District Development Regulations Jefferson County Code Table 3-1 Table 3-1. Allowable and Prohibited Uses How To Use This Table Table 3-1 displays the classifications of uses for land use districts, except for land use and zoning districts in the Irondale and Port Hadlock UGA which are specified in Chapter 18.18 JCC. The allowability and classification of uses as represented in the table are further modified by the following: The location may have a multiple designation. This would be true of the Shoreline Master Program, a subarea plan, or an overlay district applied to the location. The Shoreline Master Program (SMP) should be consulted if the location of interest is subject to the SMP jurisdiction. See also Notes 1 to 3 to this table. All regulations in this code apply to the uses in these tables. To determine whether a particular use or activity can occur in a particular land use district and location, all relevant regulations must also be consulted in addition to this table. Categories of Uses Yes = Uses allowed subject to the provisions of this code, including meeting applicable performance standards (Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC); if a building or other development permit is required, this use is also subject to project permit approval; see Chapter 18.40 JCC. D = Discretionary uses are certain named and all unnamed uses which may be allowed subject to administrative approval and consistency with the UDC, unless the administrator prohibits the use or requires a conditional use permit based on project impacts; see JCC 18.15.040(2) and Chapter 18.40 JCC. C = Conditional uses, subject to criteria, public notice, written public comment and public hearing procedure; see Article VIII of Chapter 18.40 JCC. C(a) = Conditional uses, subject to criteria, public notice, written public comment, and an administrative approval procedure, but not a public hearing; see Article VIII of Chapter 18.40 JCC. C(d) = Conditional uses, subject to criteria, public notice, written public comment and, at the discretion of the administrator, a public hearing procedure, if warranted, based on the project’s potential impacts, size or complexity, according to criteria in JCC 18.40.520; see Article VIII of Chapter 18.40 JCC. No = Prohibited use. NOTES: 1. All uses must be consistent with the purpose of the land use district in which they are proposed to occur; see the Land Use Element of the Comprehensive Plan. All land uses in all districts must meet the general regulations in Article III of this chapter unless otherwise stated herein. 2. A land use or development proposed to be located entirely or partly within 200 feet of the ordinary high water mark of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the applicable provisions of this chapter and of the SMP, as well as the applicable provisions and permit requirements indicated in this table. Please refer to the Shoreline Master Program for specific use regulations and regulations by shoreline environment. 3. Overlay districts provide policies and regulations in addition to those of the underlying land use districts for certain land areas and for uses that warrant specific recognition and management. For any land use or development proposed to be located entirely or partly within an overlay district, or within the jurisdiction of a subarea plan, the applicable provisions of the overlay district or subarea plan as provided in Articles VI and VII of this chapter shall prevail over any conflicting provisions of the UDC. 4. The assignment of allowed or prohibited uses may not directly or indirectly preclude the siting of “essential public facilities” (as designated in the Comprehensive Plan) within the county. See JCC 18.15.110. 5. Outright uses are land uses or activities which are exempt from the provisions of this Unified Development Code. 6. Land Use Districts: AG Agricultural Resource Lands I Rural Industrial AP-20 Prime Agricultural Land RI Resource Industrial AL-20 Agricultural Land of Local Importance LI/C Light Industrial/Commercial (Glen Cove) LI Light Industrial (Glen Cove) F Forest Resource Lands LI/M Light Industrial/Manufacturing CF-80 Commercial Forest HI Heavy Industrial RF-40 Rural Forest IF Inholding Forest P Public PPR Parks, Preserves and Recreation RR Rural Residential RR 1:5 Rural Residential – 1 DU/5 Acres UGA Urban Growth Area RR 1:10 Rural Residential – 1 DU/10 Acres [See Chapter 18.18 JCC] RR 1:20 Rural Residential – 1 DU/20 Acres RC Rural Commercial RVC Rural Village Center CC Convenience Crossroads NC Neighborhood/Visitor Crossroads GC General Crossroads 7. Forest practices (including timber harvesting), except for Class IV, general (see JCC 18.20.160) are regulated by the Washington Department of Natural Resources. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Residential Uses See Chapter 18.18 JCC Single-Family Housing Accessory dwellings units Yes Yes Yes Yes Yes Yes No No No No Yes Yes No No No Caretaker residence (public parks) No No No No No No No No No No No No No No C(a) Co-housing/intentional communities (subject to PRRD overlay in RR districts) Yes No Yes Yes Yes Yes No No No No No No No No No Manufactured/mobile home parks (subject to PRRD overlay in RR districts) No No Yes Yes Yes Yes No Yes Yes No No No No No No Single-family residences Yes Yes Yes Yes Yes Yes No No No No No No No No No Transient rental of residence or accessory dwelling unit Yes Yes Yes Yes Yes Yes No No No No No No No No No Duplexes (subject to meeting underlying density requirements) Yes Yes Yes Yes Yes Yes No No No No No No No No No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Farm worker housing See JCC 18.20.030 No No No No No No No No No No No No No No Multifamily Housing Multifamily residential units (3+ units) No No No No No Yes No Yes Yes No No No No No No Residential care facilities with up to 5 persons No No Yes Yes Yes Yes No No Yes No No No No No No Residential care facilities with 6 to 20 persons No No C C C Yes No No No No No No No No No Nursing/convalescent/assisted living facilities No No C C C Yes No Yes Yes No No No No No No See Chapter 18.18 JCC Unnamed residential uses No No D D D D No D D No No No No No No Accessory Uses Home businesses Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes No No Cottage industry (not including recreational marijuana) C(a) C(a) C(d) C(d) C(d) Yes No Yes Yes No Yes Yes Yes No No Hobby kennel Yes Yes Yes Yes Yes No No No No No No No No No No Commercial Uses Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Animal commercial kennels and catteries See JCC 18.20.030 C(d) C(d) C(d) C(d) C(d) No No C(d) No No No No No No Automotive service and repair No No No No No Yes No Yes Yes No Yes Yes Yes No No Automotive service and repair (with subordinate auto sales) No No No No No Yes No No Yes No No No No No No Bed and breakfast inn (4 to 6 rooms) Yes No C(a) C(a) C(a) Yes No Yes Yes No No No No No No Bed and breakfast residence (1 to 3 rooms) Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No Boat storage, commercial (outside of SMP) No No No No No Yes No No Yes No Yes Yes Yes No No Boat building and repair, commercial No No No No No C No No No No Yes Yes Yes Yes No Clinics (medical, dental, and vision) No No No No No Yes No Yes Yes No No No No No No Convenience and video stores No No No No No Yes Yes Yes Yes No No No No No No Day care, commercial C No No No No Yes No Yes Yes No No No No No No Drinking establishment No No No No No Yes No Yes Yes No No No No No No Eating establishment No No No No No Yes Yes Yes Yes No C No No No No Sexually oriented businesses No No No No No C C No C No C No No No No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Small equipment repair, sales and rental services See JCC 18.20.030 No No No No Yes No Yes Yes No Yes Yes Yes No No See Chapter 18.18 JCC Construction contractor, commercial No No No No No Yes No No/ Yes1 Yes No Yes Yes Yes No No Food and beverage stands No No No No No Yes Yes Yes Yes No Yes Yes Yes Yes No Gas stations No No No No No Yes Yes Yes Yes No No No No No No Golf courses and driving ranges No No C C C No No No No No No No No No C Grocery stores and gift shops No No No No No Yes No Yes Yes No No No No No No Hotel/motel No No No No No Yes No No2 C No No No No No No Indoor entertainment or recreational facility No No No No No Yes No Yes Yes No No No No No No Liquor stores No No No No No Yes No Yes Yes No No No No No No Lumber yards/building supply and materials No No No No No Yes No No C No Yes Yes Yes No No Marijuana recreational retailer C(d) No No No No Yes No Yes Yes Yes Yes Yes Yes Yes No Mini-storage facilities No No No No No Yes No C/ Yes3 Yes No Yes No Yes No No Personal and professional services No No No No No Yes D D Yes No No No No No No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Resorts, master planned (new) See Article IV of Chapter 18.15 JCC Retail sales and services (not including recreational marijuana retail) See JCC 18.20.030 No No No No Yes D D Yes No No No No No No Vehicle sales, new and used retail (auto and RV) No No No No No C(a) No No No/ C(a)4 No No No No No No Veterinary clinics and hospitals See JCC 18.20.030 See Chapter 18.18 JCC Unnamed commercial uses No No No No No D D D D No D No No No No Industrial Uses Bulk plant or terminal facilities No No No No No No No No No No C C C C No Asphalt and concrete batch plants No C No No No No No No No No No No No Yes No Heavy equipment sales and rental services No No No No No C(a) No No C(a) No Yes Yes Yes No No Heavy industrial, resource- based No No No No No No No No No C(a) No No No Yes No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Light industrial/manufacturing (not including recreational marijuana processing) See JCC 18.20.030 No No No No No No No No C(a) Yes Yes Yes No No Food or beverage bottling and/or packaging See JCC 18.20.030 No No No No No No No No No Yes Yes Yes No No Outdoor storage yards See JCC 18.20.030 No No No No No No No No C(a) Yes Yes Yes Yes No Recycling center See JCC 18.20.030 No No No No No No No/C5 No/C6 No Yes Yes Yes No No Marijuana recreational processor C(d) C(d) C(d) C(d) C(d) No No No No Yes Yes Yes Yes Yes No Mineral extraction activities (without MRL overlay) Yes Yes C C C No No No No No No No No No No Mineral extraction activities (w/MRL overlay) (10-acre min. lot size) Yes Yes Yes Yes Yes No No No No No No No No No No Mineral processing accessory to extraction operations (without MRL overlay) C C C C C No No No No Yes C C C Yes No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Mineral processing accessory to extraction operations (w/MRL overlay) Yes Yes C C C No No No No Yes No No No Yes No Warehouse/wholesale distribution center See JCC 18.20.030 No No No No No No No No No Yes Yes Yes No No See Chapter 18.18 JCC (Automobile) wrecking yards and junk (or salvage) yards No No No No No No No No/ Yes7 No/ Yes8 No No No Yes Yes No Unnamed industrial uses No No No No No No No No No D D D D D No Institutional Uses Essential Public Facilities9 See JCC 18.15.110 Airports (w/o airport EPF overlay) No No No No No No No No No No No No No No No Educational facilities (state owned) No No C C C C No C C C C C C No No Large-scale regional transportation facilities (state owned) (e.g., freeways, ferry terminals) No No C C C C No C C C C C C C No Correctional facilities No No C C C C No C C C C C C C No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Solid waste handling and disposal facilities No No C C C C No C C C C C C C No Inpatient substance abuse and mental health facilities No No C C C C No C C No No No No No No Unnamed essential public facilities See JCC 18.20.030 No C C C C C C C C Public Purpose Facilities Animal shelter C(d) C(d) C(d) C(d) C(d) C(d) C(d) C(d) C(d) No No No No C(d) C(d) Assembly facilities See JCC 18.20.030 No C(d) C(d) C(d) Yes No C(a) C(a) No No No No No No College or technical school/adult education facility (not state owned) See JCC 18.20.030 No No No No C No C C No No No No No No Emergency services (police, fire, EMS) C C C C C C C C C C C C C C C See Chapter 18.18 JCC Government offices No No No No No Yes No Yes Yes No No No No No C(a) Library No No No No No Yes No Yes Yes No No No No No No Museum No No No No No Yes No Yes Yes No No No No No C(d) Parks and playfields C C Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Post office No No No No No Yes Yes Yes Yes No No No No No No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Public works maintenance/equipment storage shops C C C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes No Recreational facilities C C Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recycling collection facilities See JCC 18.20.030 C(a) C(a) C(a) C(a) Yes Yes Yes Yes Yes Yes Yes Yes Yes C(a) School, primary and secondary See JCC 18.20.030 No C C C C No No C No No No No No No Visitor/interpretive center No C(d) C(d) C(d) C(d) C(d) No C(d) C(d) No No No No No C(d) Water/wastewater treatment facilities No No C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes C(d) Cemeteries No No C(d) C(d) C(d) No No No No No No No No No No Religious assembly facility No No C(d) C(d) C(d) C(a) No C(a) C(a) No No No No No No Unnamed institutional uses No No D D D D D D D D D D D D D Small-Scale Recreation and Tourist Uses Aerial recreational activities (e.g., balloon rides, gliders) No No C(d) C(d) C(d) C(d) No No No No No No No No No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Animal preserves and game farms with dangerous wild animals No No C(d) C(d) C(d) No No No No No No No No No No See Chapter 18.18 JCC Animal tourist farms with domestic and nondangerous wild animals See JCC 18.20.030 Agritourism See JCC 18.20.030 Campgrounds and camping facilities, new See JCC 18.20.030 C(d) C(d) C(d) C(d) No No No No No No No No No Yes Campgrounds, camping facilities and small-scale resorts; expansion of existing facilities See JCC 18.20.030 C(d) C(d) C(d) C(d) No No No No No No No No No Yes Cultural festival and historic sites, permanent C(d) C(d) C(d) C(d) C(d) C(d) No C(d) C(d) No No No No No Yes Equestrian centers C(d) C(d) C(d) C(d) C(d) No No No No No No No No No No Outdoor commercial amusement facilities See JCC 18.20.030 No C C C Yes No No Yes No No No No No No Outdoor archery ranges No C(d) C(d) C(d) C(d) No No No No No No No No No No Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Recreational, cultural or religious conference center/retreat facilities See JCC 18.20.030 No C C C C(d) No No C(d) No No No No No No Recreational vehicle parks No C(d) C(d) C(d) C(d) Yes No No Yes No No No No No No Outdoor shooting ranges No C No No No No No No No No No No No No No Outdoor recreational equipment rental and/or guide services See JCC 18.20.030 No C(d) C(d) C(d) Yes No Yes Yes No No No No No No Public display gardens C(d) C(d) C(d) C(d) C(d) Yes No No No No No No No No Yes Rural restaurant, only when associated with a primary recreational or tourist use See JCC 18.20.030 No C(d) C(d) C(d) N/A N/A N/A N/A No No No No No No See Chapter 18.18 JCC Recreational off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and recreational areas No C No No No No No No No No No No No No No Rural recreational lodging or cabins for transient rental See JCC 18.20.030 No C C C N/A N/A N/A N/A No No No No No No Unnamed small-scale recreation and tourist uses See JCC 18.20.030 No C(d) C(d) C(d) D D D D No No No No No D Temporary Uses Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Seasonal roadside stands See JCC 18.20.330 Temporary festivals See JCC 18.20.390 Temporary outdoor uses See JCC 18.20.380 Transportation Uses Park and ride lots/transit facilities C(d) C(d) C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Roads, public or private Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Unnamed transportation uses D D D D D D D D D D D D D D D Utilities Uses Commercial communication facilities See JCC 18.20.130 Utility developments, major C C C C C C C C C C C C C C C Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) Unnamed utility uses D D D D D D D D D D D D D D D See Chapter 18.18 JCC Agricultural and Forestry Uses Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource- Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Agricultural activities and accessory uses See JCC 18.20.030 Aquacultural uses and activities (outside of shoreline jurisdiction) Yes No Yes Yes Yes No No No No No No No No No No Aquatic plant and animal processing and storage See JCC 18.20.030 No No No No No No No No No Yes Yes Yes Yes No Lumber mills and associated forestry processing activities and uses See JCC 18.20.030 C(a) No No No No No No No Yes No No No Yes No Marijuana Recreational Producer Yes C(d) C(d) C(d) C(d) No No No No Yes Yes Yes Yes Yes No Nurseries Yes Yes C(d) C(d) C(d) Yes No Yes Yes No No No No No No Unnamed agricultural and forestry uses D D D D D No No No No No No No No No No 1 Four Corners only 2 Hotel/motels are not allowed in NC districts, except for Discovery Bay 3 Chimacum and Four Corners, existing only 4 SR 19/20 only 5 Four Corners only 6 Ness Corner only 7 Four Corners, existing only 8 Ness Corner, existing only 9 Classification of EPF uses within appropriate districts are advisory only, subject to provisions of Article V of Chapter 18.15 JCC Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 5 Exhibit 5 Ordinance 12-1102-18 adopted on November 2, 2018 (Title 8 Health and Safety Ordinance) code COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance on Commercial Shooting Facilities } ORDINANCE NO. 12-1102-18 in Unincorporated Areas of Jefferson County } WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the Washington Constitution to bear arms in defense of self or others; and, WHEREAS, local governments have considerable latitude in exercising police powers and a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued;' and, WHEREAS, due to the amount of land in Jefferson County owned by the federal and state governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and, WHEREAS, Jefferson County has experienced a substantial increase in population density in areas proximate to its established commercial shooting facilities and Jefferson County has an interest in ensuring the compatibility ofcommercial shooting facilities with their surroundings and in minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and land use compatibility issues arising from the operation of commercial shooting facilities in unincorporated Jefferson County have called on the scarce resources of Jefferson County's emergency management system and the Sheriffs Office, which has the effect of diminishing the availability of these resources for emergency services; and, City ofSeattle v. Montana, 129 Wash.2d 583,591-92 (1996). 1 of 41 WHEREAS, Jefferson County has rural areas where commercial shooting facilities may be appropriate, but where emergency services are scarce and adopting a commercial shooting ordinance would promote public safety and preserve precious emergency services; and, WHEREAS, commercial shooting facilities benefit Jefferson County by providing its residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to participate in amateur recreational firearm sports in a safe, controlled setting; and, WHEREAS, the Jefferson County Board of Commissioners (BoCC) finds it is in the public interest to protect and preserve the continued viability of commercial shooting facilities in Jefferson County in the face of increasing population pressure and density of conflicting land uses; and, WHEREAS, the BoCC finds that uniform requirements for the establishment and operation of all commercial shooting facilities in unincorporated Jefferson County would provide assurance of the safe conduct of recreational and educational shooting activities in Jefferson County, provided the regulation: (1) provides for and promotes safety by establishing a permitting procedure and rules for the siting, design and operation of commercial shooting range facilities that safeguards participants, spectators, neighboring properties and the public; (2) does not prohibit or expressly regulate the discharge of firearms; (3) involves measures designed to make the discharge of firearms safe; (4) protects the environment; (5) ensures compatibility with neighboring land use; and, (6) promotes the continued availability of shooting facilities for firearm education, practice in the safe use of firearms, and recreational firearm sports; and, WHEREAS, on December 18, 2017, the BoCC adopted Ordinance No. 05-1218-17, an Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County (the Moratorium); and, WHEREAS, Ordinance No. 05-1218-17 was amended by Ordinance No. 01-0220-18 to allow noise testing during the Moratorium; and, WHEREAS, the BoCC finds that resident and property owner input and careful analysis of the uniform requirements for commercial shooting facilities should be obtained before legislation imposing uniform requirements on commercial shooting facilities can be adopted by the BoCC; and, WHEREAS, as required by the work plan in Section 6 of the Moratorium and with the assistance of the Review Committee established by the Moratorium staff timely has provided to the BoCC a draft ordinance for consideration; and, WHEREAS, the BoCC has held a hearing and has received public comment on the draft ordinance proposed by staff that was prepared with the assistance of the Review Committee; and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, 2 of 41 NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Modification of Chapter 8.50 JCC. a. Chapter 8.50 JCC shall be renamed from "No Shooing Areas" to "Shooting in the County." b. Article I, Chapter 8.50 JCC shall be renamed from "Establishment Procedures" to Establishment Procedures for No Shooting Areas." C. Article II, Chapter 8.50 JCC shall be renamed from "Boundary Descriptions" to "Boundary Descriptions for No Shooting Areas." d. JCC 8.50.020 shall be amended to add a new subsection (5) exception as follows: (5) The operation of an indoor commercial shooting facility which has obtained an operating permit or provisional operating pursuant to Article III of Chapter 8.50 JCC. e. JCC 8.50.020 shall be amended to add a new subsection (6) exception as follows: (6) The operation of a commercial shooting facility sited in accordance with Title 18 JCC that has an operating permit or a provisional operating permit issued pursuant to Article III, of Chapter 8.50 JCC. f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall then state: (7) The continued operation of legally established private or public gun club facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no shooting area ordinance or the development of outdoor ranges constructed in compliance with JCC 18.20.350(8). g. The definition of "firearm" in JCC 8.50.40 shall be changed to: Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms pistol, rifle, short -barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term "firearm" shall not include: a) devices, including but not limited to "nail guns," which are used as tools in the construction or building industries and which would otherwise fall within this definition; or, (b) a "destructive device" as defined in 18 U.S.C. §921(a)(2). h. Wherever the words "this chapter" appears in Article I or Article II of JCC 8.50 when not preceded by the words "Article I," these words shall be changed to "articles I and II of this 3 of 41 chapter." Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030, JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080. i. Consistent with the above, Chapters I and 11 of Chapter 8.50 JCC shall be amended as shown in Appendix A. j. Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B. Section 2. Conflicts with JCC. 18.20.350(8). If any provision of this article conflicts with JCC 18.20.350(8), the provisions of this article shall prevail. Section 3. Effect on the Moratorium. The moratorium is continued pending completion of the Planning Commission consideration of proposed changes to Title 18 JCC and BoCC consideration of changes to Article 2, Chapter 8.50 JCC (No Shooting Areas) and Chapter 8.70 JCC (Noise Control). Section 4. Duration of the Moratorium. Unless subsequently extended by the BoCC pursuant to state law, the moratorium adopted by Ordinance No. 05-1218-17 shall remain in effect not longer than one year from its adoption, consistent with the work plan detailed in Section 6 of Ordinance No. 05-1218-17. Section 5. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 6. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 7. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual costs incurred (including consultant work) for processing an application for a commercial shooting facility. This fee shall be added to the Appendix Fee Schedule for the department. Section 8. SEPA Categorical Exemption. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(13)(c) and WAC 197-11-800(19). Section 9. Effective Date. This ordinance is effective immediately upon adoption. SIGNATURES FOLLOW ON NEXT PAGE) 4 of 41 ADOPTED this 2nd day of November 2018, at a:Sp p.m. ATTEST: Carolyn Ilaway, Deputy Clerk of the Board 5 of 41 JEFFERSON COUNTY BOARD OF TY O MISSIONERS David Sul ivan, air Kathleen Kler, Member Voted A aginst) Kate Dean, Member APPROVED AS TO FORM: j -:'r ///z Philip C. Hunsucker, ate Chief Civil Deputy Prosecuting Attorney Sections: APPENDIX A Modifications to Current Articles I and II of Chapter 8.50 JCC] Chapter 8.50 NO SHOOTING ARE SHOOTING IN THE COUNTY Article I. Establishment Procedures for No Shooting Areas 8.50.010 Purpose. 8.50.020 Exemptions. 8.50.030 Prohibited. 8.50.040 Firearms defined. 8.50.050 Creation, alteration or dissolution of a no shooting area. 8.50.060 Violations — Misdemeanors — Penalty — Arrest. 8.50.070 Enforcement officers and procedures. 8.50.080 Interpretation. Article II. Boundary Descriptions for No Shooting 8.50.100 Kala Point. 8.50.110 Port Ludlow. 8.50.120 Brinnon — Black Point. 8.50.130 Brinnon. 8.50.140 Brinnon — Triton Cove. 8.50.150 Brinnon — Olympic Canal Tracts. 8.50.160 South Coyle Peninsula. 8.50.170 Paradise Bay. 8.50.180 Chimacum Creek. 8.50.190 Tala Shore. 8.50.200 Ocean Grove. Article III. Commercial Shooting Facilities 8.50.210 Purpose. 8.20.220 Definitions. 8.50.230 Operating Permit Required. 8.50.240 Application for a Commercial ShootingFyOperating Permit. 8.50.250 Minimum Standards. 8.50.260 Administrative Remedy for Decisions Made by the Director. 8.50.270 Judicial Appeals. 8.50.280 Safe Harbor for Owners and Operators. 8.50.290 Reports of Violations of this Article. 8.50.300 Review Committee. 6 of 41 8.50.3 10 Conflicts with JCC 18.20.350(8) and Limitations on the Applicability of this Article. 8.50.320 Warning and Disclaimer of Liability. Article I. Establishment Procedures for No Shooting Areas 8.50.010 Purpose. The purpose of articles I and II of this chapter is to establish a process for the establishment, alteration, or dissolution of "no shooting" areas in unincorporated Jefferson County and to provide regulation of the discharge of firearms in such areas as provided in articles I and II of this chapter. The creation of a no shooting area shall be considered in accordance with RCW 9.41.300(2)(a) wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms "where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized." County officials shall endeavor to facilitate solutions within communities to resolve concerns leading to petitions for no shooting areas. Areas considered for creation, alteration, or dissolution of a no shooting area shall be considered on an individual basis to adequately assess the motivation for the proposal and to resolve existing differences regarding an area. Creation of a no shooting area must be realistically enforceable in the area designated. [Ord. 2-07 § 1 ] 8.50.020 Exemptions. The designation of a no shooting area shall continue to allow: 1) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals, endangering livestock. 2) The lawful use of a firearm by a law enforcement officer in the performance of their duties. 3) The use of firearms to lawfully slaughter farm animals. 4) The lawful use of force by citizens. 5) The operation of an indoor commercial shootingfacilityacility which has obtained an operating permit or provisional operating pursuant to Article III of Chapter 8.50 JCC. 6) The operation of a commercial shootingfacility sited in accordance with Title 18 JCC that has an operating permit or a provisional operating permit issued pursuant to Article III, of Chapter 8.50 JCC. 5)(7) The continued operation of legally established private or public gun club facilities or commercial shooting ranges that are not commercial shooting facilities as defined in Article III of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no shooting area or the development of outdoor ranges constructed in compliance with JCC 18.20.350(8). [Ord. 2-07 § 2] 8.50.030 Prohibited. It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson County any projectile discharged from any firearm across, in or into a no shooting area 7 of 41 established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. [Ord. 2-17; Ord. 2-07 § 3] 8.50.040 Firearms defined. Fir-eann," as used in this ehapter-, shall be defined as &-,y deviee that fir -es or- diseharges a pistols, o „ lvers shotguns and ,.:rfos [Ord. 2 07-§41 "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of "firearm" includes the terms pistol, rifle, short -barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms are defined in RCW 9.41.010. The term firearm" shall not include: (a) devices, including but not limited to "nail guns," which are used as tools in the construction or building industries and which would otherwise fall within this definition; or, (b) a "destructive device" as defined in 18 U.S.C. Section 921(a)(2). 8.50.050 Creation, alteration, or dissolution of a no shooting area. 1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms "where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized," by either: a) A petition filed by residents containing the signatures of at least 20 elector -residents of each voting precinct in the area under consideration; or b) A majority vote of the board of county commissioners. 2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of the board of county commissioners. The petition or request must be based on a definable threat to the public health, safety or general welfare. 3) The petition or request must include a legal description of the proposed boundaries with: a map showing the proposed area, a written statement explaining the reasons for the petition, and a statement, where applicable, of reported incidence involving firearms in the petition area. 4) After petition signatures have been verified by the Jefferson County auditor -elections and the board of county commissioners finds the petition warrants consideration, the county commissioners shall hold a public hearing regarding the petition or may choose to facilitate an amicable solution within the proposed area or may assign a review committee to consider the merit of the petition specific to the area under consideration. The county commissioners may have the review committee consider the petition before establishing a date for the public hearing. Treaty tribes will be contacted by the county to identify any concerns and invite their participation. a) The review committee shall consist of: i) The county sheriff or his designee. 8 of 41 ii) The director of the department of community development, or his designee. iii) Three residents -at -large to be appointed by the county commissioners. iv) At least one representative of tribal interests will be invited. v) Representative stakeholders from the petition area as determined by the county commissioners, with the goal of including persons from all sides of any contended or questionable issue. b) The review committee shall consider, but is not limited to consideration of, the location, terrain and surrounding land use of the petition area. The committee shall also consider any additional instructions given by the county commissioners at the assignment of the committee. The county commissioners shall hold a public hearing on the review committee's recommendations soon after they are received by the commission. 5) Legal notice of the public hearing shall be published one time in the official newspaper of the county at least 10 days prior to the hearing. 6) If the county commissioners find the formation, alteration, or dissolution of the petitioned area to be beneficial to the public health, safety or general welfare, the area shall be established, altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall consider, but is not limited to considerations of, the location, terrain and surrounding land use of the petitioned area. The board of commissioners shall determine the final boundaries for the creation of a no shooting area. 7) Public works may post signs along public roads indicating a no shooting area boundary where deemed necessary. The department of community development shall inform development and permit applicants if a parcel is within a no shooting area. [Ord. 2-07 § 5] 8.50.060 Violations — Misdemeanors — Penalty — Arrest. 1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall not be a violation of articles I and II of this chapter when a person discharges a firearm in accordance with the provisions of RCW 9A.16.020. 2) Any law enforcement officer having probable cause to believe that a person has committed a violation of articles I and II of this chapter has the authority to arrest the person. 3) The first offense for violation of article I or II of this chapter constitutes a civil penalty not to exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed 250.00 or by confinement in the county jail for a period of not more than 90 days. [Ord. 2-07 § 6] 8.50.070 Enforcement officers and procedures. Enforcement of articles I and II ofthis chapter may be by any state or county law enforcement officer, state game officer, or state fish and wildlife officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions of 9 of 41 this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition of any person violating the provisions of this chapter. [Ord. 2-07 § 7] 8.50.080 Interpretation. In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of articles I and II of this chapter, the more stringent shall be construed as applicable. [Ord. 2-07 § 8] Article II. Boundary Descriptions for No Shooting Areas 8.50.100 Kala Point. The area described below is hereby established as a no shooting area as provided in Article I of this chapter: Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port Townsend Bay; and on the East by the Shoreline of Port Townsend Bay. Ord. 12-95] 8.50.110 Port Ludlow. The area described below is hereby established as a no shooting area as provided in Article I of this chapter: The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property lines of lots in Port Ludlow #5 at the northern end of Montgomery Lane. The boundary then moves westward across the properties mentioned above along their northern property lines, crosses Oak Bay Road and continues westward along the fire hall northern property line and on west along the northern property lines of Port Ludlow #2, Area 3, at the northern end of Keefe Lane. At the NW corner of Lot #75 on Keefe Lane the No Shooting boundary turns south along the western side of Jefferson Avenue to the northern property lines of Port Ludlow #2, Area 3 lots along Fleet Drive. The boundary then moves west and then south around the cemetery, across Swansonville Road and continues south along the western side of Talbot Way to the junction of Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port Ludlow #6. The boundary then heads generally south along the western property lines of Port Ludlow #6 to Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then turns south along the western side of Paradise Bay Road to a point opposite the end of Camber 10 of 41 Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course staying at the outside fairway points entirely around the western, southern and the eastern portions ofthe golf course to the southern property lines of Fairwood Village. The boundary then heads east along the south side of Springwood Drive and across Teal Lake Road. It then swings NE along the property lines of Teal Lake Village on the south side of Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the end of Ludlow Beach Tracts #2. It then turns NW to the shoreline of Ludlow Bay. Ord. 4-96] 8.50.120 Brinnon — Black Point. The area described below is hereby established as a no shooting area as provided in Article I of this chapter: The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile marker #308 on Highway 101. The boundary then moves southwesterly along the highway to the first Duckabush River Bridge at mile marker #310. The boundary includes all of Black Point surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which is along the Duckabush River Estuary below the shoreline bluff. Ord. 5-97] 8.50.130 Brinnon. The area described below is hereby established as a no shooting area as provided in Article I of this chapter: The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the west by the power line; and on the south by the Dosewallips River. Ord. 3-99] 8.50.140 Brinnon — Triton Cove. The area described below is hereby established as a no shooting area as provided in Article I of this chapter: The area bordered on the north by an unnamed year around creek from the Hood Canal to the Bonneville power lines (the area under the power lines is to be included in the No Shooting zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South by the Jefferson County line. Ord. 7-00] 11 of 41 8.50.150 Brinnon — Olympic Canal Tracts. The area described below is hereby established as a "No Shooting" zone as provided in Article I of this chapter. The no shooting area is encompassed by the following description: Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road; Thence northwesterly along the centerline of Duckabush Road to the intersection with the most westerly line of the Bonneville power lines; Thence southwesterly along the most westerly line of the Bonneville power lines to the intersection of said power lines with McDonald Creek; Thence southeasterly along McDonald Creek to the shoreline of Hood Canal; Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth ofthe Duckabush River; Thence northerly along the shoreline to a point along the shoreline that is due west of the intersection ofthe centerline of U.S. Highway 101 and the centerline of Duckabush Road; Thence west to the point of beginning. Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North, Range 2 West; Willamette Meridian. All lying in Jefferson County, state of Washington. Ord. 12-02] 8.50.160 South Coyle Peninsula. The area described below is hereby established as a "No Shooting" zone as provided in Article I of this chapter. The no shooting area is encompassed by the following description: That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West, Willamette Meridian, described as follows: Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number 488422, Section 28 Township 26 North, Range 1 West Willamette Meridian; Thence continuing along the extension of the South line of said Tax 1 to the centerline of said Payne Road and the TRUE POINT OF BEGINNING; Thence Westerly along the extension of the South line and along the South line of said Tax 1 to the Northeasterly corner of Tax 2 as described under Auditor's File Number 422414; 12 of 41 Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel identified under said Auditor's File Number 422414; Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0 low tide mark in Dabob Bay; Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go- onna Beach Drive extended Easterly from the most Easterly point of said centerline located in the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and said 0.0 low tide mark of Hood Canal; Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the intersection of said East Go-onna Beach Drive with the centerline of Coyle Road; Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road with the centerline of Payne Road; Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF BEGINNING; EXCEPTING THEREFROM any portion of the following described parcels that lie within the above described bounds and that do not lie within the Northerly and Easterly 200 foot setback from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the centerline Payne Road: The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West, Willamette Meridian, lying Southerly and Easterly of Payne Road; The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Westerly of Coyle Road; The South one half of the Northwest of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and Westerly of Coyle Road; Situate in Jefferson County, Washington. Ord. 12-14 § 1; Ord. 20-02] 8.50.170 Paradise Bay. The area described below is hereby established as a no shooting area as provided in Article I of this chapter. 13 of 41 All of the land lying within the following bounds: Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state of Washington and the easterly margin of Teal Lake Road; Thence northeasterly along said northerly line of said Tract A to the intersection of said line with the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington; Thence in a straight line northeasterly to the intersection of said line with a point located at the intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division 1 and the northerly margin of said Crestview Drive; Thence northerly along the northerly margin of said Crestview Drive, said margin also being the westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C; Thence easterly along the northerly boundary of said Tract C to the intersection of said line with the most easterly boundary of said plat of Amendment to Teal Lake Village; Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to the intersection of said line with the southerly margin of Paradise Bay Road; Thence along said southerly and westerly margin in an easterly and southerly direction to the intersection of said westerly margin of Paradise Bay Road with the North line of Section 22, Township 28 North, Range 1 East, W.M.; Thence easterly along the North line of said Section 22 to the mean lower low water boundary of Hood Canal; Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28 North, Range 1 East, W.M.; Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26, 35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North, Range 1 East, W.M., to the intersection with the northerly margin of State Route 104 with said mean lower low water boundary of Hood Canal; Thence northwesterly along the north margin of State Route 104 to the intersection of said margin with the easterly margin ofParadise Bay Road; Thence northerly and northwesterly along the easterly margin ofParadise Bay Road to the south line of Section 23, Township 28 North, Range 1 East, W.M.; Thence westerly along said south line of Section 23 to the intersection with the westerly margin of Paradise Bay Road; 14 of 41 Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the northerly margin of Andy Cooper Road; Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with the easterly margin of Teal Lake Road; Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of this description. All situated within Jefferson County, Washington. Ord. 4-08 § 1 ] 8.50.180 Chimacum Creek. The area described below is hereby established as a no shooting area as provided in Article I of this chapter. All of the following described lands, being a portion of Sections 34 and 35, Township 30 North, Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying within the following bounds: Beginning at the intersection of centerline of as -built Prospect Avenue extended Easterly to the westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this description; Thence Westerly along the centerline of as -built Prospect Avenue to the intersection of said road with the centerline of State Route 19, also known as Airport -Cutoff Road; Thence Southeasterly along the centerline of said State Route 19 to the intersection with the centerline of Irondale Road; Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page 16 records of Jefferson County, Washington; Thence Easterly along said centerline of Market Street to the centerline of Maple Street as platted on said plat; Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40 and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline of Port Townsend Bay; Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049 DD, within Port Townsend Bay to the True Point of Beginning. 15 of 41 All lying and being in Jefferson County, Washington. Ord. 3-17 § 1; Ord. 11-08 § 1] 8.50.190 Tala Shore. The area described below is hereby established as a no shooting area as provided in Article I of this chapter. That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, encompassed within the following described boundary: Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington and the centerline of a private road known as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012 records of Jefferson County, Washington; Thence Northerly along said private road centerline to the North line ofthe Southeast Quarter ofthe Northwest Quarter of Sections 15, Township 28 North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly along the North line of Government Lot 4 and the Easterly extension of the North line of Government Lot 4 to the 0.0 low tide mark within Hood Canal, Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0 low tide mark with the Easterly extension of the South section line of said Section 15; Thence West along said Easterly extension of said South section line and the South section line of Section 15, Township 28 North, Range 1 East, to the intersection of said South line and the centerline of the private road known as East Ludlow Ridge Road said point being the point of beginning of this description. TOGETHER WITH: All of Section 10, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington. All situated in Jefferson County, State of Washington. Ord. 6-14 §§ 1, 2] 8.50.200 Ocean Grove. The area described below is hereby established as a no shooting area as provided in Article I of this chapter. Albert Balch and Harry Cotton's Ocean Grove Estates, as per plat recorded in Volume 4 of Plats, Page 20, records of Jefferson County, Washington; TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 2, as per plat recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington; 16 of 41 TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2 West, W.M., not included in said Albert Balch and Harry Cotton's Ocean Grove Estates and in Albert Balch and Harry Cotton's Ocean Grove Estates No. 2. TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54, under Auditor's File Number 328912, located within Government Lot 5, Section 24, Township 30 North, Range 2 West, W.M., described as follows: Beginning at the Northwest corner of said Lot 5; Thence proceeding on a bearing of S 88° 30' 34" East 67.21 feet along the North line of said Lot 5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27, records of Jefferson County; Thence continuing South 88° 30' 34" East 76.22 feet to the Southeast corner of said Lot 12; Thence turning South 26° 34' 58" West 166.11 feet to a rebar and cap marked "Parrish, LS 29535"; Thence continuing South 26° 34' 58" West 9.07 feet; Thence North 83° 52' 04" West 69.36 feet to the West boundary of said Lot 5; Thence North 01° 29' 25" East 8.53 feet to a rebar and cap marked "Parrish, LS 29535" and the West line of said Lot 5; Thence along the West line of Lot 5 North 01' 29' 25" East 144.51 feet to the Point of Beginning; TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 3, as per plat recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139, records of Jefferson County, Washington. 17 of 41 APPENDIX B Article III. Commercial Shooting Facilities 8.50.210 Purpose. The purpose of this article is to provide uniform requirements for the establishment and operation of all commercial shooting facilities in unincorporated parts of the county. These requirements include provisions that: 1) Establish a permitting procedure and rules for the siting, design and operation of commercial shooting facilities that protect participants, spectators, neighboring properties and the public; 2) Include appropriate measures designed to make the discharge of firearms safe; 3) Protect the environment; 4) Ensure compatibility with neighboring land uses as regulated in Title 18 JCC; and, 5) Promote the continued availability in the county of shooting facilities for firearm education, training, and practice in the safe use of firearms, and firearm sports, without prohibiting or expressly regulating the discharge of firearms. 8.20.220 Definitions. The following definitions shall apply in the interpretation and enforcement of the ordinance codified in this article: 1) "Aggrieved party" means a person or persons who can demonstrate that a decision by the director or a hearing examiner will prejudice them or their interests that are protected by federal or state law or JCC. 2) "Annual inspection" means the annual inspection required by JCC 8.50.230(5)(c). 3) "Applicant" means a person applying for an operating permit. 4) "Armed forces" means the armed forces of the United States or of the National Guard or organized reserves. 5) "Backstop" means a barrier that stops or redirects bullets fired on a shooting range, usually directly behind the target line. 6) "Baffles" means barriers constructed to contain bullets or to reduce, redirect or suppress sound waves. 7) "Ballistic trauma" means wounds to humans or domestic animals or property damage from the discharge of firearms. 18 of 41 8) "Berm" means an embankment used for restricting bullets to a given area, as a protective or dividing wall between shooting areas, or for noise abatement. 9) "BMP" means best management practice or practices. 10) "Bullet" means a single projectile fired from a firearm. 11) "Buffer zone" has the same meaning as in JCC 18.10.20B and includes but is not limited to buffer zones required by Chapter 18.22 JCC (the critical areas ordinance) or Chapter 18.25 JCC (the shoreline master program ordinance), federal or state law. 12) "Cartridge" means a self-contained unitized round of ammunition that is made up of a case, a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal alloy or plastic. 13) "CFR" means the Code of Federal Regulations, as it now exists or is later amended. 14) "Cold Range" means a shooting range open to the public on which all firearms are to be unloaded at all times, unless instructed otherwise by a range master or a range officer. 15) "Commercial shooting facility" means an indoor facility or outdoor facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, open to organizational training for law enforcement officers or organizational training for members of the armed forces, or any combination of the above that for the use of the commercial shooting facility requires a contract, charges a fee or other compensation, or requires membership. There may be one or more shooting ranges located at a commercial shooting facility. The term commercial shooting facility does not include: a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the State of Washington, or any political subdivision of the State of Washington; b) Any portion of a privately owned property used for lawful shooting practice solely by its owner or the owner's guests without payment of any compensation to the owner of the privately owned property or to any other person. For the avoidance of doubt, where privately owned property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the privately owned property used for lawful shooting practices is a commercial shooting facility. 19 of 41 16) "Cowboy action shooting" means a type of match using one or a combination of firearms in Old West themed" courses of fire for time and accuracy. 17) "Critical areas" mean critical areas as defined in Chapter 18.22 JCC. 18) "Department" means the county department of community development. 19) "Director" means the director of the county department of community development. 20) "Environmental Plan" means a plan for mitigating the environmental impacts of commercial shooting facilities as required by JCC 8.50.240(5). 21) "Expansion" means any proposed change that increases the existing activities and uses permitted for a commercial shooting facility, including expansions of a commercial shooting facility lawfully operating as of the effective date of the ordinance codified in this article. Examples of expansions include but are not limited to additional firing positions, lengthened periods of operations, increases in permitted firearm caliber or range, or increased size of shot fall or direct fire zones. Modifications made solely through routine maintenance of a commercial shooting facility, such as the installation of sewer, water or other utilities, pavement of a parking lot, the installation of safety baffles, construction of side or backstop berms, or the construction or remodeling of a clubhouse, shall not be considered an expansion. 22) "Exploding target" means a target that explodes when hit by a projectile. 23) "Explode" means burst or shatter violently and noisily from rapid combustion, decomposition, excessive internal pressure, or other process, typically scattering fragments widely. 24) "Facility Design Plan" means the written procedures or policies of a commercial shooting facility that specifically define the facility design requirements for the commercial shooting facility as required by JCC 8.50.240(2). 25) "False Report" means a report of violation that results in the dispatch of the department, the sheriff or emergency services for a violation of this article when, in fact, there was no violation of this article and no reasonable belief there was a violation of this article. 26) "Firearm" has the same meaning as in JCC 8.50.040. 27) "Firing line" means a line parallel to the targets from which firearms are discharged. 28) "Firing point" means a location from which one individual fires at an associated target located down range. 29) "Five -stand shooting" means a shotgun shooting sport where there are five stations or stands on the firing line and multiple strategically placed target throwers that throw targets in front of the firing line. 30) "Hazardous substance" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the 20 of 41 physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173- 303-100. 31) "Hazardous waste" means those solid wastes designated by 40 CFR Part 261 and regulated as hazardous and/or mixed waste by the United States EPA. 32) "Hot Range" means a shooting range on which all firearms are allowed to be loaded at all times. 33) "Impact area" means the area in a backstop or bullet trap directly behind the target where bullets are expected to impact or the area downrange where bullets will impact if not captured by a backstop or bullet trap. 34) "Indoor facility" means a commercial shooting facility within a fully enclosed structure. 35) "JCC" means the Jefferson County Code, as it now exists or is later amended. 36) "Law enforcement officer" means "federal peace officer" as defined in RCW 10.93.20(6), general authority Washington peace officer" as defined in RCW 10.93.20(3), "law enforcement' officer as defined in RCW 9.41.010 (12), "peace officer" as defined in RCW 43.101.010(,11), "limited authority Washington peace officer" as defined in RCW 10.93.20(4), "qualified law enforcement officer" as defined in 18 U.S.C. Section 928B(c) and, "specially commissioned Washington peace officer" as defined in RCW 10.93.20(5). For the avoidance of doubt, "law enforcement officer" includes federal, tribal, state, and local members of law enforcement organizations certified by their jurisdiction to enforce the laws of that jurisdiction. 37) "Life safety incident' means an incident that causes ballistic trauma to humans, domestic animals, or property. 38) "Member of the armed forces" means a member of the armed forces, when on duty. 39) "NRA Range Source Book" means the most current version of The NRA Range Source Book published by the National Rifle Association. 40) "Operations Plan" means the written procedures or policies ofa commercial shooting facility that specifically define the operations requirements for the commercial shooting facility as required by JCC 8.50.240(4). 41) "Operator" means the person operating the commercial shooting facility. 42) "Operating Permit' means the operating permit required by this article. 43) "Or" means both or and and/or. 44) "Other Reports of Violations" means reports of violations that are not life safety incidents or threats to humans, domestic animals or property. 45) "Outdoor facility" means a commercial shooting facility that is not an indoor facility. 21 of 41 46) "Owner" means the holder of title to the real property on which a commercial shooting facility is located. 47) "Person" means person as that term is defined in RCW 1.16.080. 48) "Physical containment" means the use of physical barriers that are sufficient to contain the projectile from the highest power firearm used on a shooting range when the shooting range is used in accordance with its operating permit. Physical containment may include, but is not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and location to ensure that projectiles cannot escape the commercial shooting facility. 49) "Practical shooting" means a sport that challenges an individual's ability to shoot rapidly and accurately with a firearm. To do this, shooters take on obstacle -laden shooting courses called stages, some requiring many shots to complete, and others just a few. While scoring systems vary between practical shooting organizations, each measures the speed with which the stage is completed, with penalties for inaccurate shooting. 50) "Projectile" means an object fired from a firearm. 51) "Provisional operating permit" means a provisional operating permit issued pursuant to JCC 8.50.230(4)(c). 52) "Qualified Shooting Range Evaluator" means a person who has been an NRA range technical team advisor or who is a professional engineer with expertise in the design of shooting ranges. 53) "Range master" or "range officer" means a person or persons trained and appointed by the operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance with the requirements of this article and any additional safety specifications that may be adopted by the operators of the commercial shooting facility. At a minimum, a range master or a range officer shall complete the necessary training and obtain certification to be a range master or range officer from the National Rifle Association, the NROI National Range Officer Institute, the IDPA International Defensive Pistol Association, the SASS Single Action Shooters Society, the CMP Civilian Marksmans Program, the Washington State Criminal Justice Commission, an armed forces or, as determined by the director, other training equivalent to the National Rifle Association training for certification as a range master or range officer. 54) "RCW" means the Revised Code of Washington, as it now exists or is later amended. 55) "Report of Violation" means a report of a violation of this article received by the department or the sheriff. 56) "Routine maintenance" means repair of structures or property maintenance for which permits are not required or repair of berms. 57) "Rules and regulations" means requirements used in the operation of a commercial shooting facility. 22 of 41 58) "Safety fan" means all areas in or outside a shooting range where projectiles may impact or ricochet when firearms are operated in accordance with rules and regulations (as defined above). The safety fan extends to the maximum range of the most powerful cartridge and firearm used on the shooting range unless adequate physical containment is provided. When physical containment is adequate, the safety fan is limited to the area within the containment. 59) "Safety plan" means the written procedures or policies ofa commercial shooting facility that specifically define the safety requirements for the commercial shooting facility as required by JCC 8.50.240(3). 60) "Sheriff' means the elected sheriff of Jefferson County or designee. 61) "Shooting range" consists of a firing line or firing points, and an impact area. A commercial shooting facility may include multiple shooting ranges. 62) "Skeet shooting" means a shotgun shooting sport where the shooter is on the firing line and shoots at targets launched from two skeet houses in somewhat sideways paths that intersect in front of the shooter. 63) "Sporting clays" means a form of clay pigeon shooting that consists of multiple shooting stations laid out over natural terrain such that target presentations simulate the unpredictability of live quarry shooting. 64) "Target" means a mark to shoot at. 65) "Target line" means the line where targets are placed. 66) "Threatened Harm" mean a reasonable likelihood that humans, domestic animals, or property have been or will be jeopardized by the operations of the commercial shooting facility. 67) "Tracer or incendiary ammunition" means any ammunition causing or designed to cause fires and includes a projectile or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire to facilitate adjustment of the aim of a firearm. 68) "Trap shooting" means a shotgun shooting sport where a shooter on the firing line shoots at targets launched from a single launching point and generally away from the shooter. 69) "U.S.C." means the United States Code, as it now exists or is later amended. 70) "WAC" means the Washington Administrative Code, as it now exists or is later amended. 8.50.230 Operating Permit Required. 1) Commercial shooting facilities shall be authorized and operated in accordance with an operating permit issued by the department. No proposed or established commercial shooting facility may operate without an operating permit. Failure to obtain an operating permit shall result in closure of the commercial shooting facility until such time a permit is obtained. Commercial shooting facilities that operate without an operating permit are subject to 23 of 41 enforcement, including but not limited to injunctive relief. The operating permit shall govern the scope of operations of each commercial shooting facility, and shall be issued, denied, or conditioned based upon the standards set forth in this article. 2) The operating permit is not intended to alter the legal nonconforming use status and rights of established commercial shooting facilities, which are governed by Title 18 JCC and the common law, nor shall the operating permit authorize expansion of commercial shooting facility uses that otherwise require approval pursuant to a conditional use permit or other land use permits per Title 18 JCC. 3) New Commercial Shooting Facilities. The owner or operator of a proposed new commercial shooting facility shall apply for an operating permit at the time of the conditional use permit application. A hearing examiner considering a conditional use permit application pursuant to Title 18 JCC shall review the operating permit application as part of the review of the conditional use permit application. 4) Established Commercial Shooting Facilities. a) The owner or operator of an established commercial shooting facility in active use on the effective date of the ordinance codified in this article shall apply for an operating permit not later than one hundred eighty (180) days after the effective date of the ordinance codified in this article or within such other period as established by the director in consultation with the applicant. b) Subject to JCC 8.50.230(4)(c), an established commercial shooting facility must obtain an operating permit within one year of the application required by JCC 8.50.230(4)(a). c) If the professional evaluation (JCC 8.50.240 (7)) does not demonstrate full compliance with this article, then a provisional operating permit may be issued by the director, provided: i. Life Safety Deficiencies. All life safety deficiencies identified in the professional evaluation must be corrected prior to issuance of the provisional operating permit. ii. Critical Area Deficiencies. Any proposed operation that likely threatens to cause a detrimental impact to a critical area must be addressed to remove that threat prior to issuance ofthe provisional operating permit. iii. Other Deficiencies. A. In consultation with the owner or operator, the Qualified Shooting Range Evaluator who performed the professional evaluation and the director will establish a timeline for remedying all the other deficiencies noted in the professional evaluation that are not life safety deficiencies or critical area deficiencies. B. If the director concludes that agreement on the timeline for correction of the other deficiencies cannot be reached, the director shall provide written notice of agreement to attend mediation to the applicant to be concluded within 60 days, along with a proposed timeline for correction of the other deficiencies. 24 of 41 C. If the applicant does not agree to mediation within 7 days after the director sends written notice, the timeline for correction of the other deficiencies proposed by the director pursuant to JCC 8.50.230(4)(c)(iii)(B) shall be established. D. The applicant may appeal the establishment of the timeline for correction of the other deficiencies established pursuant to subsection JCC 8.50.230(4)(c) iii)(C) to the hearing examiner pursuant to JCC 8.50.260. E. The provisional operating permit shall be issued only on the condition of acceptance by the applicant of the timeline established for correction of the other deficiencies. F. Failure to adhere to the timeline for correction of the other deficiencies may result in a notice of correction served by the department on the owner or operator of the commercial shooting facility. G. Following a notice of correction, the director and the owner or operator of the commercial shooting facility may meet to develop a compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance with the timeline for correction of the other deficiencies. The voluntary correction process is optional as deemed by the director. If the director believes that the requirements of a voluntary correction plan are not being met, the director shall revoke the provisional operating permit. H. Failure to adhere to the timeline for correction of the other deficiencies 30 days after issuance of the notice of correction or after failure to adhere to a compliance plan shall constitute sufficient grounds for the director to terminate immediately the provisional operating permit. I. Termination of a provisional operating permit by the director may be appealed pursuant to JCC 8.50.260. J. When all other deficiencies have been corrected, the director shall issue an operating permit. 5) Inspections and Annual Report Required. a) Pre -Operation Inspection. Prior to issuing any operating permit or provisional operating permit, the department shall inspect the commercial shooting facility to determine that the commercial shooting facility complies with any applicable conditional use provisions required by Title 18 JCC and all the requirements in the approved operating permit application. b) Annual report. The holder of the operating permit shall submit a report to the department on an annual basis in a form required by the department. The annual report is due each 25 of 41 year on the last day of the same month the operating permit was issued. The annual report shall include: i. A written statement by the owner of the commercial shooting facility declaring that the commercial shooting facility is compliant with the initial operating permit approval; ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a) -(e), as submitted in the application; and, iii. A current statement of general liability insurance and any monitoring data required by an operating permit or any applicable conditional use permit issued pursuant to Title 18 JCC. c) Annual Inspection. After issuance of an operating permit, commercial shooting facilities shall be subject to an annual inspection by the department following submission of the annual report required by this section. The department shall develop a checklist for an annual inspection. The checklist for the annual inspection shall be provided to the operator at the time the operating permit is issued and shall be effective during the term of the operating permit. d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt by the director of any of the following claims: i. A claim of noncompliance with the operating permit; or, ii. A claim that there exists either a life safety incident or threatened harm. For noncompliance inspections: The department shall have the authority to establish procedures for noncompliance inspections. ii. The department shall contact the commercial shooting facility within one business day after receipt by the department of a claim pursuant to subsection (d) and shall give the commercial shooting facility a written notice ofthe claim; and, iii. The owner or operator shall make the commercial shooting facility available for inspection not later than two business days after receiving a request for an inspection from the department. 26 of 41 e) Following an annual inspection or a noncompliance inspection: The department shall inform the owner or operator in writing of any deficiencies or corrective actions to be taken, which may include any of the actions authorized by subsection (f); ii. The owner or operator shall take corrective action within a reasonable time, as determined by the department in consultation with the operator; and, iii. The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken. f) Life Safety Incident. If the director determines there was a life safety incident: i. The director may suspend or modify the operating permit, close the commercial shooting facility or a shooting range, or modify shooting range operations; ii. The director shall provide the owner or operator a written notice that shall set forth each claimed life safety incident with a specific reference to applicable violation of this article or operating permit and the corrective measures to be taken; iii. The owner or operator shall respond in writing to the written notice provided by the director and shall take any necessary corrective measures within a reasonable time, as determined by the department in consultation with the operator; iv. The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken; V. The department shall verify that corrective action has been taken; and, vi. Until the corrective measures are completed and verified, the director's determination in JCC 8.50.230(5)(f)(i). shall remain in effect. g) Effect of a Suspension of an Operating Permit. An operating permit that has been suspended requires the commercial shooting facility to cease any firing activities until the permit has been reinstated by the director. 6) In addition to the operating permit required by this article, land use permit applications may be required. Land use permit applications for a commercial shooting facility shall be governed by Title 18 JCC. 27 of 41 8.50.240 Application for a Commercial Shooting Facility Operating Permit. 1) Required Components. The application for a commercial shooting facility operating permit shall contain the following components with the information required in the subsections that follow: a) Facility Design Plan; b) Safety Plan; c) Operations Plan; d) Environmental Plan; e) Noise Abatement Plan; f) Professional Evaluation; g) Certification; and, h) A list of all property owners prepared by a title company within the distance of the safety fan, but no less than one mile. 2) Facility Design Plan. a) The Facility Design Plan for all indoor and outdoor commercial shooting facilities shall contain the following elements: Locations and dimensions of all walkways; ii. Locations of all hazardous material storage and use, per a hazardous substance or hazardous waste management plan, if needed; and, iii. The component parts for each shooting range. b) The Facility Design Plan for all outdoor commercial shooting facilities: Locations and dimensions of firing lines or firing points, target lines and impact areas including all related buildings; 28 of 41 ii. Locations, dimensions and slope of all backstops and side berms, whether natural feature or manmade and the volume, source, and type of all materials of which they are comprised; iii. Locations and specifications of all baffles and containment structures; iv. Location of all security measures specified in JCC 8.50.250(1); V. The safety fan for each shooting range proposed; vi. Approximate location of buildings on adjoining property; vii. Approximate location of any stream, river, lake, or other body ofwater within 500 yards of the commercial shooting facility. viii. Dimensional drawings of physical layout for each of the items listed in this subsection, drawn at an engineering scale appropriate for the drawings; ix. Horizontal drawings of the baffles and containment structures, and a description of the materials to be used for them; X. For rifle and pistol shooting ranges: A. Longitudinal cross-sections, with elevations, of that portion of each shooting range from 10 feet behind each firing line to 10 feet beyond the downrange terminus of each direct fire zone, 10 feet beyond the back toe of each backstop if manmade, or if natural, 20 feet beyond the front edge of the backstop, as applicable; and, B. Latitudinal cross-sections, from 10 feet outside all side berms or the edge of each safety fan, of typical areas between each firing line and backstop or downrange terminus of the direct fire zone. xi. For five -stand shooting, skeet shooting, sport clay shooting and trap shooting ranges, the location and dimension of the shot fall zones and component parts; and, xii. Elevations of all shooting ranges showing target area, backstops and berms. 3) Safety Plan. The Safety Plan shall contain at least the following elements: a) Sign -in procedures, rules and regulations, and protocols for the use of shooting ranges; 29 of 41 b) An emergency plan, to include provision for immediate notification to 911 of any life safety incident and on the next business day to the department; c) Methods for documenting the accidental or unintended release of a bullet anywhere at or from the commercial shooting facility, which documentation shall be transmitted to the department within 7 days of the release; d) Provisions for the safe loading and unloading of firearms; e) A requirement that range masters and range officers shall complete the necessary training and obtain certification to be a range master or range officer; f) A requirement that at least one range master or range officer be present when shooting is occurring whenever the commercial shooting facility is open to the public; g) A requirement that when the commercial shooting facility is closed to the public, a commercial shooting facility member who has passed the minimum training requirements of the range shall be present; h) Provision for specific safety requirements for all cowboy action shooting, practical shooting, and similar sports shooting matches at any shooting range; i) Rules and regulations for changing the use of shooting ranges from cold ranges to hot ranges or vice versa; 0) A means for participants and spectators to readily contact emergency services such as fare or emergency medical services; and, k) Provision for emergency services access by vehicle or air transport. 1) A requirement prohibiting the use of alcohol, Cannabis or other drugs at the commercial shooting facility when it is open to the public or shooting is occurring. m)A requirement that drones may not be flown by anyone on the commercial shooting facility when open to the public or while shooting is being conducted. n) A requirement that no shooting take place after dark, except for law enforcement officers or members of the armed forces provided such shooting after dark for law enforcement officers or members of the armed forces does not occur after 10 p.m., shooting does not 30 of 41 exceed four hours, and the maximum days shooting after dark is allowed does not exceed one day per week. 4) Operations Plan. The Operations Plan shall contain at least the following elements: a) The days of the week and the hours of operations; b) Whether the commercial shooting facility will be open to the public, open only to private membership, open to organizational training for law enforcement officers, open to organizational training for members ofthe armed forces, or any combination of these; c) A description of any activities that would not be overseen by the owner or operator and how the owner or operator will obtain compliance with the operating permit for these activities. d) The types and largest caliber of firearms and ammunition to be allowed on each shooting range; e) Type of shooting proposed on each shooting range; f) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on neighbors; g) A requirement that the owner or operator maintain comprehensive general liability insurance coverage, with a minimum coverage amount of one million dollars for each occurrence and combined single limit and two million in the aggregate during operation of the commercial shooting facility; h) A requirement that certificates of insurance for all policies that provide insurance coverage for the commercial shooting facility be provided to the department evidencing continuous insurance coverage required by the Operations Plan within fifteen (15) days of approval of the Operations Permit that include: i. The limits of coverage; ii. The names and addresses of all certificate holders; and, iii. A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the department. 31 of 41 i) A requirement that the department be notified of any change in the insurance required by the Operations Plan. 5) Environmental Plan. Each commercial shooting facility operator shall develop and submit an environmental plan with the following minimum requirements: a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding. b) At indoor facilities, BMPs for lead as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert — Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later is amended. c) At outdoor facilities, BMPs for lead as recommended by USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists now or later is amended. d) If, other than lead, any hazardous substance or hazardous waste will be stored at the commercial shooting facility, the Environmental Plan shall also include: i. A plan for compliance with requirements under existing law for the handling and closure of facilities for storage or use of the hazardous substance or hazardous waste; and, ii. A plan for financial assurance consistent with existing law for addressing any remediation of hazardous substances or hazardous waste. e) For the avoidance of doubt, this article neither seeks to set nor does set any substantive environmental standards, including but not limited to standards for any hazardous substance or hazardous waste, including but not limited to lead. 6) Noise Abatement Plan. Each commercial shooting facility operator shall develop and submit a noise abatement plan. The minimum requirements for a noise abatement plan are: a) Identify potential noise issues and potential solutions to those issues; b) Describe sound abatement methodologies and technologies proposed for the facility; c) Provide a description of how the noise abatement program will be integrated into yearly planning; and, d) Contain BMPs to minimize noise nuisance consistent with the NRA Source Book and Chapter 8.70 JCC (noise control). 32 of 41 7) Professional Evaluation. a) The Professional Evaluation shall be the responsibility of the county under the direction of the director and shall be performed by a qualified shooting range evaluator. b) If requested, the applicant shall allow for an inspection of the site of the new or established commercial shooting facility by the qualified shooting range evaluator. c) The Professional Evaluation shall contain an evaluation of the operating permit application that shall be performed by a qualified shooting range evaluator (as defined above) that meets the following minimum requirements: The evaluation shall discuss any safety issues not addressed by the operating permit application; ii. The evaluation shall discuss any proposed uses that are inconsistent with the NRA Range Source Book for facility designs and institutional controls; iii. The evaluation shall include the commercial shooting facility's uses and institutional controls described in the application for an operating permit; iv. The evaluation shall be in written form and signed by the qualified shooting range evaluator; V. For new commercial shooting facilities, the evaluation shall certify that the operating permit application satisfies all the requirements of this article. vi. For established commercial shooting facilities, the evaluation shall classify the ways in which the facility is currently non-compliant with this article according to the following priorities: A. Life safety issues or critical area deficiencies that must be remedied prior to issuance of an operating permit; B. Facility design components that do not meet the safety objectives of this article; and, C. Facility design components that do not mitigate detrimental effects of the facility on critical areas. 33 of 41 d) The applicant shall reimburse the county for the actual costs incurred (including consultant work) of the evaluation. No operating permit shall be issued until reimbursement to the county is made. e) The applicant may challenge the evaluation by appealing the professional evaluation to the hearing examiner pursuant to JCC 8.50.260. 8) Certification. a) Every application for an operating permit for a new commercial shooting facility shall be accompanied by a notarized certification by the operator that specifies the commercial shooting facility: i. Complies with this article; ii. Meets commonly accepted shooting facility safety and design practices; and, iii. Shall be operated in a manner that protects the safety of all persons present at the commercial shooting facility and persons on neighboring properties. b) Every application for an operating permit for an established commercial shooting facility shall be accompanied by a notarized certification by the operator that specifies the following: i. The operator will abide by the improvement plan agreed upon as a condition ofthe issuance of the operating permit; ii. Areas of non-compliance at the commercial shooting facility will not increase over time; iii. That as much as possible the facility meets commonly accepted shooting facility safety and design practices; and, iv. That the facility shall be operated in a manner that protects the safety of all persons present at the commercial shooting facility and persons on neighboring properties. 9) Notice and Comment. a) The director shall issue a notice of application for on all commercial shooting facilities. b) The notice of application shall include the following: 34 of 41 i. The name and address of the applicant or the applicant's representative; ii. The date of application, the date of the notice of completion for the application, and the date of the notice of application; iii. The street address location of the project or, if unavailable, a description of the subject property reasonably sufficient to inform the public of its location, which may include a vicinity location (map), the location in reference to roadway intersections, or a written description (rural route box or subdivision lot and block alone are not sufficient); iv. The identification of state, federal or other permits required by other agencies with jurisdiction not included in the application, to the extent known by the county; V. The name and phone number of the person at the department evaluating the application; vi. A statement of the limits of the public comment period, which shall be 30 calendar days following the date of the notice of application; vii. Statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights; viii. A statement of the preliminary determination, if one has been made at the time of the notice of application, of the proposed commercial shooting facility's consistency with this article; ix. The date, time, place of hearing, if applicable, and if scheduled prior to the date of the notice of application; X. A statement of when and where a copy ofthe application, all supporting documentation and evidence relied upon by the applicant, and applicable development regulations may be available for public inspection; xi. A statement that a copy of any staff report will be available for inspection at no cost to the public at least 7 calendar days prior to any public hearing (if applicable); and, xii. Any other information the administrator determines appropriate. 35 of 41 c) The director shall issue the notice within 14 calendar days of receipt of an application for a commercial shooting facility. d) The notice of application shall be sent by mail to the applicant and to all property owners identified in JCC 8.50.240(h). e) The notice of application shall also be published in the official county newspaper at least once. Published notice shall include the proposed commercial shooting facility's road or street address or location, type(s) of permit(s) all applied for concerning the commercial shooting facility, comment period dates, and location where the complete application and notice of application may be reviewed. f) The department shall be responsible for preparation of the list of all property owners identified in JCC 8.50.240(h); provided, that the director retains the authority to require the applicant to supply and certify the list of all property owners identified in JCC 8.50.240(h) in circumstances where the information is not readily available to the county. The department shall obtain addresses for mailed notice from the county's geographic information system (GIS) or real property tax records. The director shall make a notation in the file affirming mailing of notice to all persons entitled to notice under this article. g) All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. h) Failure to send notice by mail shall not invalidate such proceedings where the owner appears at the hearing or receives actual notice. i) As optional methods of providing public notice of any operating permits, the county may: i. Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered; ii. Notify the news media; iii. Place notices in appropriate regional or neighborhood newspapers or trade journals; iv. Place public notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; V. Mail to neighboring property owners; or, 36 of 41 vi. Place notices on the Internet. 0) The county's failure to provide the optional notice as described above shall not be grounds for invalidation of any operating permit decision. k) The comment period shall be 30 calendar days from the date of the published notice of application. 1) Comments may be mailed, personally delivered or sent by facsimile. m)Comments shall be as specific as possible. n) The director will receive public comments during regular business hours any time up to and during the open record hearing, if any, or if there is no pre -decision hearing, prior to the decision on the operating permit. o) The county may not issue a decision or recommendation on the operating permit until the expiration of the public comment period on the notice of application. p) The applicant shall reimburse the county for the actual costs incurred for providing notice. No operating permit shall be issued until reimbursement to the county is made. 8.50.250 Minimum Standards. 1) Required Security. Commercial shooting facilities shall provide security measures to deter unauthorized entry to any shooting range, such as barriers, berms, cameras, gates, fencing, on- site security personnel, physical limits, or signage. 2) Containment. Commercial shooting facilities shall be designed and operated so that when firearms are operating in accordance with the rules and regulations (as defined above) all projectiles are kept from leaving any shooting range or the commercial shooting facility. 3) Critical Areas. Commercial shooting facilities shall be designed and operated to prevent adverse public health or environmental impacts to critical areas. 8.50.260 Administrative Remedy for Decisions Made by the Director. When a decision is made by the director pursuant to the provisions of this article, an applicant or any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures in JCC 18.05.080 and JCC 18.05.085 by providing written notice of appeal to the director within 37 of 41 14 calendar days of the decision. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the notice of appeal. 8.50.270 Judicial Appeals. 1) Time to File Judicial Appeal. Within 21 calendar days of the date the decision or action becomes final, the applicant or any aggrieved party may appeal the final decision of the director or the hearing examiner to a court ofcompetent jurisdiction in a manner consistent with state law. 2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to filing a judicial appeal. 3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons identified in JCC 8.50.240(1)(h), within the applicable time period. This requirement is jurisdictional. 4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of transcribing and preparing all records ordered certified by a court or desired by the person who filed the notice of appeal. Prior to the preparation of any records, the person who filed the notice of appeal shall post with the county auditor an advance fee deposit in an amount specified by the county auditor. Any overage will be promptly returned. 8.50.280 Safe Harbor for Owners and Operators. Full compliance with an operating permit creates a rebuttable presumption that the commercial shooting facility is not being operated as a nuisance. For the avoidance of doubt, the burden of proving full compliance is on the owner or operator. 8.50.290 Reports of Violations of this Article. 1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for receipt of reports of violations of this article. 2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or operator of the commercial shooting facility as soon as possible, but no later than two business days from the receipt of the report of violation. 39 of 41 3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at least two years following receipt of a report of violation. 4) Discussion During Annual Inspection. During the annual inspection, all reports of violation shall be addressed by the department and the owner or operator of a commercial shooting facility. 5) Response to Reports of Violation. a) Name of Informant. All reports of violation shall be encouraged to include the name of an informant with current contact information for use in the investigation. b) Expedited Response. The sheriff shall respond to reports of life safety incidents or threatened harm that violate this article as soon as practical, considering the nature ofthe report of violation and the other operational demands on the sheriff at the time the report of violation is received. c) Routine Response. Other reports of violation shall be evaluated by the department for investigation. In consultation with the sheriff, the department shall develop a procedure for addressing other reports of violation. d) Noise Only Response. When the report of violation is limited to a claim of noise nuisance, the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC Noise Control). 8.50.300 Review Committee. The county board of commissioners may require the director to establish a review committee to evaluate proposed revisions to this article. The review committee shall consist of. (a) the director of the department of community development or the director's designee (chair); (b) Jefferson County Sheriff or the Sheriff's designee; (c) Jefferson County Director of Environmental Health or the director's designee; (c) a representative of each current commercial shooting facility in unincorporated Jefferson County; (d) a resident or property owner from each of the three districts of Jefferson County; (e) one representative of tribal interests, if interested; and (f) one at large Jefferson County resident or property owner appointed by the county board of commissioners. The Jefferson County Prosecuting Attorney (or designee) shall be an ex officio member of the review committee but shall not be required to attend every meeting of the review committee. All Review Committee meetings shall be subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. 39 of 41 8.50.310 Conflicts with JCC 18.20.350(8) and Limitations on the Applicability of this Article. 1) If any provision of this article conflicts with JCC 18.20.350(8), the provisions of this article shall prevail. 2) Nothing in article shall be construed as: a) Authorizing an application or a permit for a commercial shooting facility to be located in whole or in part in an area designated as an area where the discharge of firearms is prohibited under Chapter 8.50 JCC. Shooting ranges in such areas are expressly prohibited. b) Permitting the discharge of firearms, the ownership or possession of which is otherwise prohibited by law. c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited by law from owning or possessing that firearm. d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal law. e) Allowing or authorizing the discharge of tracer or incendiary ammunition. f) Allowing or authorizing the discharge of a destructive device as that term is defined in 25 U.S.C. Section 5845(8 or any explosive as that term is defined in RCW 70.74.010(5). g) Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C. Section 5845(b) or RCW 9.41.010(17), unless specifically authorized under RCW 9.41.190(3). h) Allowing or authorizing the discharge of a short -barreled rifle or a short -barreled shotgun as those terms are defined in RCW 9.41.010, unless specifically authorized under RCW 9.41.190(3). i) Permitting a commercial shooting facility to maintain or create a public nuisance as defined in Chapter 7.48 RCW, JCC 5.10.050, JCC 8.20.140, JCC 8.30.020, JCC 8.55.070, Chapter 8.70 JCC, JCC 15.05.100, or Title 18 JCC. j) Abridging or altering the rights of action by the state, by the county or by persons, which exist in equity, common law, or other statutes to abate pollution or to abate a nuisance. k) Limiting a court of competent jurisdiction from: 40 of 41 i. Ruling that a commercial shooting facility is a public nuisance; or, ii. Requiring additional noise, environmental or safety controls as a condition of continued operation of a commercial shooting facility. 1) Nullifying or rendering void the terms of any existing or future injunctive order issued by a court of competent jurisdiction pertaining to operations or activities at a shooting range or commercial shooting facility. 8.50.320 Warning and Disclaimer of Liability. The degree of protection required by this article for commercial shooting facilities is reasonable for regulatory purposes and is based on available information. This article does not imply that commercial shooting facilities will be free from risk of bodily injury or property damage, even if operated consistently with an operating permit. This article does not create liability on the part of the county or any officer or employee of the county for any bodily injury or property damage that results from reliance on this article, or any administrative decision made lawfully under this article, including but not limited to the decision to approve the application for an operating permit. By regulating commercial shooting facilities, the county is attempting to address obvious safety and environmental issues at commercial shooting facilities. Neither this article nor an operating permit issued pursuant to this article may be relied upon as a determination that operation of a commercial shooting facility consistent with an operating permit renders the commercial shooting facility free from the risk of bodily injury or property damage. 41 of 41 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 6 Exhibit 6 Ordinance No. 15-1214-18 adopted December 14, 2018 (Title 18 Land Use Ordinance) 0- 1. -D C- C Cede COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Harmonizing Title 18 JCC } with the Commercial Shooting Facilities } ORDINANCE NO. 15-1214-18 Ordinance No. 12-1102-18 } WHEREAS, on December 18, 2017, the Board of County Commissioners (BoCC) adopted Ordinance No. 05-1218-17, an Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County (the Moratorium); and, WHEREAS, in the Moratorium Ordinance, the BoCC established a review committee Review Committee) to advise the County as the County developed a draft ordinance for the permitting, development and operation of commercial shooting facilities that: (1) provides for and promotes safety by establishing a permitting procedure and rules for the siting, design and operation of commercial shooting range facilities that safeguards participants, spectators, neighboring properties and the public; (2) does not prohibit or expressly regulate the discharge of firearms; (3) involves measures designed to make the discharge of firearms safe; (4) protects the environment; (5) ensures compatibility with neighboring land use; and, (6) promotes the continued availability of shooting facilities for firearm education, practice in the safe use of firearms, and recreational firearm sports; and, WHEREAS, the Review Committee included persons with diverse viewpoints about regulation of shooting ranges in the County; and, WHEREAS, the Review Committee sometimes engaged in spirited discussions, but the discussions were always respectful of opposing viewpoints, even when there were areas of disagreement; and, WHEREAS, every person on the Review Committee participated actively and provided invaluable input to the development of the draft ordinance; WHEREAS, the Review Committee diligently followed the direction from the BoCC in Section 6.6 of the Moratorium Ordinance that it shall: (a) study the safety, environmental and land use impacts of commercial shooting facilities and reasonable measures to address those impacts, including among other measures whether there should be an amendment to the No Shooting Areas Ordinance, Chapter 8.50 JCC to allow indoor commercial shooting facilities in No Shooting Areas; and, (b) shall provide input to the County as the County generates and recommends a draft ordinance; and, WHEREAS, the Review Committee met fifteen times in open public meetings, usually for 3 or more hours, in the BoCC's Chambers on May 9, 2018, May 16, 2018, May 23, 2018, June 6, 2018, June 13, 2018, June 20, 2018, June 28, 2018, July 11, 2018, July 19, 2018, July 25, 2018, August 1, 2018, August 8, 2018, August 15, 2018, August 17, 2018 and August 23, 2018. and all the meetings of the Review Committee can be viewed on the County's AVCapture All system; and, 1 of 9 WHEREAS, the Review Committee's work satisfied well the BoCC's finding in the Moratorium Ordinance that "resident and property owner input and careful analysis of the uniform requirements for commercial shooting facilities should be obtained before legislation imposing uniform requirements on commercial shooting facilities can be adopted by the BoCC;" WHEREAS, on August 23, 2018, staff forwarded a staff report, including a draft commercial shooting facility ordinance, recommending to the BoCC that proposed to amend Title 8 JCC, the Health and Safety Code that would add a new Article III, Chapter 8.50 JCC; WHEREAS, staff recommended changes to Title 18 JCC in order to harmonize Title 18 JCC with the new draft Article III, Chapter 8.50 JCC; and, WHEREAS, the Planning Commission has held a hearing and has received public comment on the draft ordinance proposed by staff that would revise Title 18 JCC in light of the new Article III, Chapter 8.50 JCC; and, WHEREAS, on November 2, 2018 the Board of County Commissioners adopted Ordinance 12-1102-18, amending Title 8 JCC, the Health and Safety Code, adding a new Article III to Chapter 8.50 JCC; and, WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC regarding the draft ordinance proposed by staff that would revise Title 18 JCC in light of the new Article III, Chapter 8.50 JCC; and, WHEREAS, following the Planning Commission's consideration of the draft ordinance recommended by the Planning Commission that would revise Title 18 JCC in light of the new Article III, Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on the draft ordinance recommended by the Planning Commission that would revise to Title 18 JCC in light of the new Article III, Chapter 8.50 JCC; and, WHEREAS, in response to the public comment and testimony, additional improvements to the proposed ordinance recommended by the Planning Commission that would revise Title 18 JCC in light of with the new Article III, Chapter 8.50 JCC have been made; and, NOW, THEREFORE, be it ordained that: Section 1. Modification of Title 18 JCC. Title 18 JCC shall be modified as set forth in Appendix A. Section 2. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 3. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. 2of9 Section 4. Repeal and Amend. The changes authorized above are to repeal JCC 18.20.350(8) and amend other relevant provisions in Title 18 JCC. However, legal nonconforming uses established prior to the adoption of this Ordinance shall continue to be bound by the requirements in JCC 18.20.350(8) as it existed prior to the effective date of this ordinance. Section 5. SEPA Compliance. The Jefferson County Department of Community Development prepared an environmental checklist detailing the proposed ordinance and its potential impacts for compliance with the State Environmental Policy Act (SEPA). After review of the environmental checklist, proposal, available information, and applicable regulations, Jefferson County's SEPA Responsible Official issued a Determination of Non -Significance (DNS) on October 31, 2018 under WAC 197-11-340(2). The DNS was published on October 31, 2018 in the PT Leader and was sent to affected government agencies, tribal governments, and other parties. Jefferson County had a SEPA comment period from October 24 until November 16, 2018. The comment period was originally published in the PT Leader on October 24, 2018. After a review of the public and agency comments received during the comment period, the SEPA Responsible Official retained the DNS. Jefferson County submitted the proposed UDC amendments to the Washington State Department of Commerce for review, as required by the Growth Management Act. On November 8, 2018 the Washington State Department of Commerce concluded its review under its expedited review authority. Section 6. Effective Date. This ordinance is effective immediately upon adoption. ADOPTED this 14 day of D o g Rm b e r 2018, at 4: 2 9 p.m. 64An Carolynkiallaway, Deputy Clerk of the Board 3 of 9 JEFFERSON COUNTY BOARD O OUN Y COMMISSIONERS David ullivan, Chair lVe Kathleen Kler, Member Voted Against) Kate Dean, Member APPROVED AZ72Z//,//& M: 0", 0, Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney APPENDIX A ADDITIONS OR DELETIONS TO DEFINITIONS: 18.10.030 C definitions. Commercial shootin fgacility" has the same meaning as in JCC 8.50.220(15). 18.10.060 F definitions. Firearm" has the same meaning as in JCC 8.50.040. 18.10.090 I definitions. Indoor commercial shootin facility" acility" means has the same meaning as "indoor facility" in JCC 8.50.220(34). 18.10.130 M definitions. Minimal impacts" means impacts that do not cause adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval. Minimal demands on existing infrastructure" means demands that do not cause the need for additional infrastructure, including but not limited to roads, fire protection, water, wastewater disposal or stormwater control that is not provided b t pplicant. 18.10.140 N definitions. NRA Range Source Book" has the same meaning as in JCC 8.50.220(39). 18.10.150 O definitions. Outdoor shooting_ facility means any use that includes a shooting range whether or not it is an outdoor commercial shooting facility. However, outdoor shootingf acility does not include shooting ranges that meet the exceptions for a commercial shootingfacility in JCC 8.50.220(.15)(a) or (b). Outdoor commercial shooting facility" has the same meaning as outdoor facility in JCC 8.50.220(45). 18.10.160 P definitions. Projectile" has the same meaning as in JCC 8.50.220(50). 4of9 18.10.180 R definitions. Recreational uses" means those activities of a voluntM and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction. 18.10.190 S definitions. Shooting range" means a ftwility speeifieally desiened-md used for- safe sheetine i3r-aetiee VVM fir-ea..ms and/or- f ar-e o .,etiee ;+1 individual or -fir -i positions o-r Peeife has the same meaning as in JCC 8.50.220(61). Small-scale recreation or tourist uses" means recreational uses or tourist uses that are reliant upon a rural setting or location; do not include any new residential development beyond that allowed in the underlying land use district; and otherwise meet the performance standards in JCC 18.20.350. 8.10.200 T definitions. Tourist uses" means used by persons traveling for pleasure or culture. CHANGES TO JCC 18.20.170(4): JCC 18.20.170(4) Standards for Cottage Industries 4) All cottage industries shall be subject to the following standards, except as provided for in the West End Planning Area and Brinnon Planning Area — Remote Rural overlay districts as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area. a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single- family residence of the parcel on which the proposed use is being requested. b) The cottage industry may not employ more than four employees on the site who reside off the subject property. Auto and truck repair shall only employ two persons on the site who reside off the subject property. c) Only those buildings or areas as specifically approved by the county may be utilized in the conduct of business. d) Any business requiring customers to visit the site shall provide adequate on-site parking spaces, in addition to one for each full-time equivalent employee who resides off the subject property, and two for the owners of the property. All parking spaces shall meet the standards of JCC 18.30.100. e) All structures and outside activities shall be so located or screened from adjacent properties to avoid disturbances through glare, noise, dirt or other nuisances or hazards. 5 of 9 f) All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130. h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. i) No business may provide drive-through service. 0) Cottage industries shall be limited in their hours of operation. No business on-site customer service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday. k) The administrator may attach additional conditions or requirements, or may make modifications to the site plan where necessary to protect the health, safety and welfare of the public. 1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions of approved cottage industries are permitted, except as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote overlay districts. m) No exterior display of goods for sale shall be allowed. n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of the buildings and property shall be maintained. o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in character with neighboring properties. In no case shall more than 5,000 square feet of total building area on the property be devoted to the cottage industry. p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150. q) No on-site direct retail sales of products not produced on-site are allowed, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and their accessories. r) Minimum parcel size shall be one acre gross site area. s) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of 6 of 9 adjoining and surrounding property. Any after-hours business activities shall not have noise impacts discernible beyond the property boundaries. t) Not more than one cottage industry shall be allowed in or on the same premises. u) The proposed cottage industry shall comply with the standards and requirements of the Jefferson County environmental health department. v) Where shooting firearms is associated with a cottage industry at a property, such property shall be considered a commercial shooting facility. CHANGES TO JCC 18.20.200(2): JCC 18.20.200(2) on Permitted Home Businesses 2) Permitted home businesses do not include the following: a) Veterinary clinic or hospital:; d) Uses which are associated with shooting firearms. REPEAL OF JCC 18.20.350(8): JCC 18.20.350(8) on Outdoor Shooting Ranges—REPEALED 7of9 ori eers?*e rrrrs!MM OM!er.1 uraywffn CHANGES TO THE USE TABLE: Table 3-1. Allowable and Prohibited Uses shall be modified to be consistent with the following: 8 of 9 Resource Lands Other Zones Types Forest — Other Zones Where Only Other Zones Where Agricultural Commercial, Indoor Commercial No Shooting Facility Prime and Rural Shooting Facility Allowed Allowed Local and Inholdin Specific Land AG CF/RF/IF Convenience Crossroad Rural Residential —1 Use CC), General Crossroad DU/5 Acres (RR 1:5), GC), Heavy Industrial Rural Residential —1 HI), Industrial, Light DU/10 Acres (RR Industrial/Commercial 1:10), Rural LI/C), Light Industrial Residential —1 DU/20 LI), Light Acres (RR 1:20), Industrial/Manufacturing LI/M), Irondale and Port Hadlock Urban Growth Area (UGA), Neighborhood/Visitor Crossroads (NC), Parks, Preserves and Recreation PRR), Rural Village Center (RVC), Resource - Based Industrial RI 8 of 9 Indoor No C C No commercial shooting facilit Outdoor No C No No shootiniz facilit 9 of 9 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 7 Exhibit 7 SEPA Determination of Non-Significance (DNS) for the Title 18 Ordinance Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 8 Exhibit 8 Small-Scale Recreation or Tourist Uses Regulations Jefferson County Code 18.20.350(1)-(3) Small-Scale Recreation or Tourist Uses are limited by Jefferson County Code 18.20.350(3) as follows: (1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a rural location and setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the county’s abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572. Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses: (a) Small-scale recreation or tourist uses may include limited and commensurately scaled commercial facilities intended to serve those small-scale recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store, or associated retail sales and services); provided, that the applicant can demonstrate the following to the satisfaction of the approving authority that: (i) The principal demand for the commercial facilities is derived from the principal recreational or tourist use and not the existing and projected rural population; (ii) The associated commercial activities shall be clearly accessory to and dependent upon the primary recreational or tourist uses; (iii) The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties; (iv) The use and associated structure is clearly appropriate and compatible in scale, size, design, and function with surrounding uses and environment; (v) The use will not constitute new urban development in a rural area; (vi) The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl; and (vii) All other applicable requirements and standards in this UDC are met. (b) Unless a larger parcel size is specified, minimum lot size shall be five acres, except that no minimum lot size is required for parcels that include a historic site, structure or landmark. (c) Only one small-scale recreational or tourist use shall be allowed per legal lot of record, with the exception of rural restaurants. (d) Only those buildings or areas specifically approved by the county may be used in the conduct of the business. (e) Parking shall be contained on-site and provided in conformance with this code, including JCC 18.30.100 and 18.30.130. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 8 (f) All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and side property lines to protect the character of adjacent and surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 in order to ensure that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential (RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses in the district. (g) All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary access whenever practicable. Access off of state routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assures mobility is not degraded. (h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC. (i) Any small-scale recreational or tourist use development allowed under this section that proposes to include permanent occupancy on-site residential development may only be permitted subject to: (i) The underlying rural residential density; (ii) A master planned resort (MPR) district designation subject to a legislative action to amend the Comprehensive Plan; or (iii) That necessary for on-site management (e.g., a caretaker’s residence). (j) For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: (i) Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture, and mineral lands of long-term commercial significance; (ii) Does not disrupt the character of any surrounding permitted uses; (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; (iv) Adequately protects critical areas including surface and groundwater resources; and (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl; or be otherwise incompatible with or injurious to the rural character of the area; (vi) For designated agricultural lands, converts as little land with prime agricultural soils as practicable into nonagricultural use. (2) If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 8 (3) A small-scale recreation or tourist use shall meet the requirements of this code (except as provided for in SRT overlay districts per JCC 18.15.470 and 18.15.572), including the provisions of JCC 18.20.290, Recreational developments, JCC 18.20.140, Commercial uses – Standards for site development, and the following standards: (a) Small-scale recreation or tourist uses may include limited and commensurately scaled commercial facilities intended to serve those small-scale recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store, or associated retail sales and services); provided, that the applicant can demonstrate the following to the satisfaction of the approving authority that: (i) The principal demand for the commercial facilities is derived from the principal recreational or tourist use and not the existing and projected rural population; (ii) The associated commercial activities shall be clearly accessory to and dependent upon the primary recreational or tourist uses; (iii) The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties; (iv) The use and associated structure is clearly appropriate and compatible in scale, size, design and function with surrounding uses and environment; (v) The use will not constitute new urban development in a rural area; (vi) The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl; and (vii) All other applicable requirements and standards in this UDC are met. (b) Unless a larger parcel size is specified, minimum lot size shall be five acres, except that no minimum lot size is required for parcels that include a historic site, structure or landmark. (c) Only one small-scale recreational or tourist use shall be allowed per legal lot of record, with the exception of rural restaurants. (d) Only those buildings or areas specifically approved by the county may be used in the conduct of the business. (e) Parking shall be contained on-site and provided in conformance with this code, including JCC 18.30.100 and 18.30.130. (f) All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and side property lines to protect the character of adjacent and surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 in order to ensure that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential (RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses in the district. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 8 (g) All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary access whenever practicable. Access off of state routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assures mobility is not degraded. (h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC. (i) Any small-scale recreational or tourist use development allowed under this section that proposes to include permanent occupancy on-site residential development may only be permitted subject to: (i) The underlying rural residential density; (ii) A master planned resort (MPR) district designation subject to a legislative action to amend the Comprehensive Plan; or (iii) That necessary for on-site management (e.g., a caretaker’s residence). (j) For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: (i) Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture, and mineral lands of long-term commercial significance; (ii) Does not disrupt the character of any surrounding permitted uses; (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; (iv) Adequately protects critical areas including surface and groundwater resources; and (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl; or be otherwise incompatible with or injurious to the rural character of the area; (vi) For designated agricultural lands, converts as little land with prime agricultural soils as practicable into nonagricultural use. (k) If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 9 Exhibit 9 USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges Best Management Practices for Lead at Outdoor Shooting Ranges EPA-902-B-01-001 Revised June 2005 Region 2 United States Environmental Protection Agency For additional copies of this manual, please contact: United States Environmental Protection Agency Division of Enforcement and Compliance Assistance RCRA Compliance Branch 290 Broadway, 22nd Fl. New York, New York 10007-1866 Tel: 212-637-4145 Fax: 212-637-4949 Copies of this manual along with any additions or updates can also be obtained on-line at: http://www.epa.gov/region2/waste/leadshot Copying and Reprinting This document is in the public domain and may be freely copied or reprinted. Fourth Printing, June 2005 BMP for Lead at Outdoor Shooting Ranges Best Management Practices for Lead at Outdoor Shooting Ranges Notice This manual is intended to provide useful general information to shooting range owners/operators. The United States Environmental Protection Agency (EPA) does not certify or approve ranges, range design or lead management practices. While every effort has been made to provide up-to- date technical information, this manual is not to be used as a substitute for consultation with scien- tists, engineers, attorneys, and other appropriate professionals who should be called upon to make specific recommendations for individual range design and lead management. Any variation between applicable regulations and the summaries contained in this guidance docu- ment are unintentional, and, in the case of such variations, the requirements of the regulations govern. This guidance was developed by EPA Region 2 in cooperation with a few states as well as many EPA offices. In addition, EPA, with the assistance of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) provided all 50 states with an opportunity to review the RCRA regulatory portion of the guidance. At the time of printing, about 40 states had contacted the EPA and given their support and concurrence. EPA is continuing to get the agreement of the re- maining states. Therefore, it appears that most, if not all, states will share the same view as to how lead shot is regulated. Following the steps set forth in this guidance should result in compliance with applicable regulations. EPA does not make any guarantee or assume any liability with respect to the use of any information or recommendations contained in this document. This guidance does not constitute rulemaking by the EPA and may not be relied on to create a substantive or procedural right or benefit enforceable, at law or in equity, by any person. Notice BMP for Lead at Outdoor Shooting Ranges Acknowledgements The USEPA would like to acknowledge the support of: •The National Rifle Association of America •The National Shooting Sports Foundation •The Wildlife Management Institute •Mark Begley of the Massachusetts Department of Environmental Protection •Mr. Dick Peddicord of Dick Peddicord and Company, Inc. These participants provided valuable information and assistance as peer reviewers in the develop- ment of the manual and their efforts are truly appreciated. EPA also wishes to give special thanks to Dr. Charles W. Sever of Okie Environmental Consulting, L.L.C., Inc., Mr. Mike Warminsky of Brice Environmental Services Corp., and Mr. Victor Ordija of Sporting Goods Properties.The EPA also wishes to acknowledge and thank the many others who provided important comments and insight, and especially those individuals who took the time to meet with us in person or on the phone. Acknowledgements Cover photo by: Mr. Jack Hoyt, EPA Region 2 BMP for Lead at Outdoor Shooting Ranges Statement of Goals The goals of this manual are: to inform shooting ranges : that the United States Environmental Protection Agency’s (EPA) purpose in developing and distributing this manual is to assist range owners and operators to operate in an environmentally protective manner. to promote an understanding of: why lead is an environmental, public and regulatory concern, what laws and regulations apply, the benefits of applying good management practices, what can be done to successfully manage lead, why implementing lead best management practices is an integral part of environmental stewardship, how to minimize litigation risk. to promote action by ranges to: adopt and implement best management practices for managing lead, recycle a finite natural resource, become a model for other ranges through proper lead management, advocate environmental stewardship. Statement of Goals This page intentionally left blank BMP for Lead at Outdoor Shooting Ranges EPA Statement on National Guidance EPA Statement on National Guidance BMP for Lead at Outdoor Shooting Ranges EPA Statement on National Guidance Table of Contents - i BMP for Lead at Outdoor Shooting Ranges Best Management Practices for Lead at Outdoor Shooting Ranges Table of Contents Page List of Figures ...................................................................................................................ii List of Tables .....................................................................................................................ii Introduction .......................................................................................................................iii Chapter I - Environmental and Regulatory Concerns at the Shooting Range ................ I-1 1.0 Background ...............................................................................................I-1 1.1 Lead Contamination’s Impact on Human Health and the Environment ......I-2 1.2 Legal Requirements & Court Rulings ........................................................I-6 1.3 Benefits of Minimizing Lead’s Environmental Impact ...............................I-12 Chapter II - Range Characteristics & Activities to Consider When Implementing BMPs ................................................................................. II-1 2.0 Background .............................................................................................II-1 2.1 Physical Characteristics...........................................................................II-1 2.2 Operational Aspects .................................................................................II-4 2.3 Planning a New Range .............................................................................II-4 Chapter III - BMPs for Outdoor Ranges....................................................................... III-1 3.0 Background .............................................................................................III-1 3.1 Bullet and Shot Containment Techniques (Step 1)...................................III-1 3.2 BMPs to Prevent Lead Migration (Step 2)................................................III-5 3.3 Lead Removal and Recycling (Step 3)..................................................III-11 3.4 Documenting Activities and Record Keeping (Step 4)...........................III-17 3.5 Additional Economic Considerations .....................................................III-18 3.6 Summary of Key BMPs for Shooting Ranges ........................................III-18 3.7 Certificate of Recognition.......................................................................III-18 References Appendix A - Resources Appendix B - Lead Shot Alternatives Appendix C - Sample Bullet Containment Devices Appendix D - RCRA Regulatory Requirements and Interpretations Appendix E - Template for an Environmental Stewardship Plan for Management of Lead Shot/Bullets Lists of Figures and Tables - ii BMP for Lead at Outdoor Shooting Ranges Figure Number 1-1 Effects on the Human Body from Excessive Exposure to Lead 2-1 pH Scale 3-1 Four Steps to Build a Successful Lead Management Program Utilizing a Variety of BMPs 3-2 Sample Filter Bed System 3-3 Examples of Common Lead Reclamation Equipment Table Number 1-1 Application of Key Terms to Outdoor Ranges 2-1 Common Physical Characteristics at Ranges - Potential Risks and Benefits Associated with Range Operations 3-1 Summary of Key BMPs 3-2 Calculating Weight of Lime to Increase Soil pH Values Page I-5 II-1 III-1 III-10 III-11 Page I-10 II-3 III-19 III-6 List of Figures List of Tables Introduction This manual provides owners and operators of outdoor rifle, pistol, trap, skeet and sporting clay ranges with information on lead management at their ranges. This manual serves as a reference guide and presents best management practices (BMPs) available to the shooting range community. The practices have been proven to effectively reduce or eliminate lead contamination and may also be economically beneficial to the range owner/operator. Since each range is unique in both the type of shooting activity and its environmental setting, specific solutions are not provided in this manual. Rather, a range owner or operator may use this manual to identify and select the most appropriate BMP(s) for their facility. Other information on environmental aspects of management at outdoor shooting ranges can be found in the National Shooting Sports Foundation’s Environmental Aspects of Construction and Management of Outdoor Shooting Ranges. The manual does not address range layout or design to meet range safety or competition requirements. For information on range safety and competition requirements, range owners/ operators are directed to other comprehensive reference materials available on that subject, such as the National Rifle Association’s Range Source Book, and the National Association of Shooting Range’s website (www.rangeinfo.org). Owners/operators of ranges may want to assign the use of this BMP Manual to a specific team or committee. Delegating this responsibility to a specific team or group helps to assure that the BMP’s are identified and implemented. The manual is organized as follows: • Chapter I provides the background on why lead is of concern to human health and the environment. It includes a discussion of how environmental laws impact shooting ranges and the importance of an integrated BMP program to manage lead. • Chapter II discusses physical and operational characteristics to be considered when selecting a successful BMP program. • Chapter III addresses best management techniques for rifle/pistol ranges, skeet and trap ranges, and sporting clay ranges. In this chapter, the manual explores possible solutions to prevent, reduce and/or remove lead contamination for each type of range. • The Appendices provide current (as of June 2005) contacts for lead reclamation and recycling companies, vendors that provide prevention and/or remediation techniques and shooting organizations that have additional information on the lead issue. Additionally, the Appendices provide information on alternatives to lead, diagrams of bullet trap designs, summaries of regulatory requirements and interpretations, and a sample Environmental Stewardship Plan. EPA is very interested in any suggestions you have about practices included in this manual which have proven effective in controlling lead contamination or recycling lead bullets/shot. Please send such information to the address below. Also, for additional information, or to be added to the list of lead reclaimers or remediation contractors, contact the National Rifle Association (NRA), the National Shooting Sports Foundation (NSSF) or: Lead Shot Coordinator RCRA Compliance Branch U.S. Environmental Protection Agency Region 2 290 Broadway New York, New York 10007-1866 Telephone: (212)637-4145 E-Mail: Leadshot.Region2@epa.gov Introduction - iii BMP for Lead at Outdoor Shooting Ranges This page intentionally left blank Chapter I - Page I-1 BMP for Lead at Outdoor Shooting Ranges Chapter I: Environmental and Regulatory Concerns at the Shooting Range (CDCP), and a large number of states have identified human exposure to all forms of lead as a major health concern in the United States. Lead management practices at ranges across the United States remain inconsistent. Some range owners/operators have examined the impact of range operations on human health and the environment and have implemented procedures to manage and/or remove accumulated lead from ranges. Other range owners/operators are just beginning to characterize and investigate their ranges in order to design an environmental risk prevention and/or remediation program(s) specific to their sites. A third group of ranges has adopted a “wait and see” policy – taking no action until specifically required to do so by law or clear guidance is in place. Finally, a fourth, small, but important group of range owners/operators remain unaware of lead’s potential to harm human health and the environment, and of existing federal and state laws. To manage lead, many owners and operators have successfully implemented Best Management Practices (BMPs) at their ranges. These range owners and operators have realized many benefits from sound lead management including: - stewardship of the environment, natural resources and wildlife, - improved community relations, - improved aesthetics of the range/good business practices, - increased profitability through recovery/ recycling lead, a valuable and finite resource, and - reduced public scrutiny. Shooting sports organizations [e.g., National Rifle Association (NRA) and the National Shooting Sports Foundation (NSSF)] promote lead management throughout the United States. These organizations have researched different methods to effectively address potential and actual lead mobility and exposure without detracting from the enjoyment of the sport. The NRA, NSSF, and a number of other shooting sports organizations strongly encourage range 1.0 Background Outdoor shooting ranges provide recreational facilities for millions of shooting sports enthusiasts in the United States. Recently, there has been a growing public concern about the potential negative environmental and health effects of range operations. In particular, the public is concerned about potential risks associated with the historical and continued use of lead shot and bullets at outdoor ranges. This concern is not unfounded. An estimated 9,000 non-military outdoor ranges exist in the United States, collectively shooting millions of pounds of lead annually. Some ranges have operated for as long as several generations. Historical operations at ranges involved leaving expended lead bullets and shot uncollected on ranges. Many of these ranges continue to operate in the same manner as in the past. It is estimated that approximately four percent (4%) (80,000 tons/year) of all the lead produced in the United States in the late 1990’s (about 2 million tons/year), is made into bullets and shot. Taking into account rounds used off-range, and rounds used at indoor ranges, it is clear that much of this 160,000,000 pounds of lead shot/ bullets finds its way into the environment at ranges. Since the mid-1980’s, citizen groups have brought several lawsuits against range owners and have urged federal and state agencies to take action against owners and operators of outdoor shooting ranges. The citizen groups argued that range owners improperly managed discharged lead bullets and shot. Federal courts have supported parts of these suits, requiring range owners/operators to clean up lead- contaminated areas. Concurrent with the increased citizen suit activity, the federal EPA, the Centers for Disease Control and Prevention Chapter I - Page I-2 BMP for Lead at Outdoor Shooting Ranges owners/operators to develop a BMP program that contains elements discussed later in this manual. Contact the NRA and NSSF for additional guidance materials available on lead management practices. By implementing appropriate lead management at outdoor shooting ranges, range owners and operators can reduce the environmental and health risks associated with lead deposition, meet legal requirements and realize quantifiable benefits. 1.1 Lead Contamination’s Impact on Human Health and the Environment Exposure Routes Historically, the three major sources for human exposure to lead are lead-based paint, lead in dust and soil and lead in drinking water. Typically, human exposure occurs through ingestion, which is the consumption of lead or lead-contaminated materials, or by inhalation. The main human exposure to lead associated with shooting ranges is through lead- contaminated soil. However, other pathways are discussed below, along with lead’s detrimental effects on humans and animals. Lead can be introduced into the environment at shooting ranges in one or more of the following ways. Each of these pathways is site-specific and may or may not occur at each individual range: •Lead oxidizes when exposed to air and dissolves when exposed to acidic water or soil. •Lead bullets, bullet particles, or dissolved lead can be moved by storm water runoff. •Dissolved lead can migrate through soils to groundwater. Lead oxidizes when exposed to air and dissolves when exposed to acidic water or soil When lead is exposed to acidic water and/or soil, it breaks down by weathering into lead oxides, carbonates, and other soluble compounds. With each rainfall, these compounds may be dissolved, and the lead may move in solution in the storm runoff waters. Decreases in water acidity (i.e., increases in its pH) will cause dissolved lead to precipitate out of solution. Lead concentrations in solution are reduced by this precipitation. At pHs above 7.5, very little lead remains in solution. Increased time of contact between lead and acidic water generally results in an increase in the amount of dissolved lead in the storm runoff water. The five factors which most influence the dissolving of lead in water are summarized below: Annual Precipitation Rate - The higher the annual precipitation rate, the faster the lead weathers. Also, during prolonged rains, the contact time between water and lead is increased. In general, the higher the precipitation rate, the higher the potential risk of lead migration off-site in solution. pH of Rain and Surface Water - The acidity of the rainwater decreases as basic (alkaline) minerals in the soil are dissolved. If sufficient minerals such as calcium, magnesium, and iron are present in local soils, then the lead may quickly precipitate out of solution entirely as these other minerals are dissolved. The pH of shallow surface water is an indicator of the presence or absence of basic minerals in the local soil and in gravel within the stream beds through which the water has moved. The water in deeper streams and lakes is more likely to be composed of acidic rainwater that is not neutralized. Contact Time - The contact time between acidic surface water and lead is a factor in the amount of lead that is dissolved. For example, lead shot deposited directly into a lake has a longer contact time then lead shot deposited in upland areas. Soil Cover - Organic material will absorb lead and remove it from a water solution. The thicker the organic leaf and peat cover on the soil, the lower the lead content in solution in water leaving the shot area. Organic material has a strong Chapter I - Page I-3 BMP for Lead at Outdoor Shooting Ranges ability to extract lead out of solution in water. pH of Groundwater - During periods of no rainfall, the water flowing within most streams comes from groundwater discharging into the stream channel. Therefore, the acidity of the groundwater affects the acidity of the surface water, and hence, affects the solubility of any lead particles carried into the stream during storm runoff. Lead bullets, bullet particles or dissolved lead can be moved by storm water runoff The ability of water to transport lead is influenced by two factors: velocity of the water and weight or size of the lead fragment. Water’s capacity to carry small particles is proportional to the square of the water’s velocity. Clear water moving at a velocity of 100 feet per minute can carry a lead particle 10,000 times heavier than water moving at a velocity of 10 feet per minute. Muddy water can carry even larger particles. The five factors that most influence velocity of runoff are described below: Rainfall Intensity - The greater the volume of rainfall during a short period of time, the faster the velocity created to carry the rainfall off-site. The higher the annual rainfall, the greater the number of periods of heavy rainfall. Topographic Slope - Generally, the steeper the topographic slope, the faster the velocity of stormwater runoff. Soil Type - More rainfall will soak into sandy soils then into clay soils. Hence, for a given rainfall intensity, the volume of runoff will be greater from areas underlain by clays or other low permeable soils than from permeable sandy soil. Velocity - Velocity tends to decrease as stream width increases. Merging streams, eddy currents, and curves in streams are other factors that may reduce the velocity. Generally, the shorter the distance from the lead deposit to the property line, the more likely it is that the lead fragments in suspension will be transported off- site. Vegetative Cover and Man-made Structures - Structures such as dams and dikes reduce the water’s velocity and greatly reduce the size and weight of the lead particles the water can carry. Since lead particles are heavy compared to the other suspended particles of similar size, they are more likely to be deposited under the influence of anything that reduces velocity of the storm runoff. Grass and other vegetation reduce runoff velocity and act as a filter to remove suspended solids from the water. Dissolved lead can migrate through soils to groundwater Acidic rainwater may dissolve weathered lead compounds. A portion of the lead may be transported in solution in groundwater beneath land surfaces. Groundwater may transport lead in solution from the higher topographic areas to the lower areas such as valleys, where it is discharged and becomes part of the surface water flow. If the water flowing underground passes through rocks containing calcium, magnesium, iron, or other minerals more soluble then lead, or through minerals that raise the pH of the water, then the lead in solution may be replaced (removed) from the solution by these other metals. However, if the soil is a clean silica sand and gravel, fractured granite, or similar type material, then the lead may move long distances in solution. The factors most likely to affect the amount of lead carried by the groundwater in solution are discussed below: Annual Precipitation - Generally, high precipitation rates result in heavy dew, more frequent rainfall, numerous streams, shallow depth to groundwater, shorter distance of travel, and more rapid rates of groundwater flow. Also, the greater volumes of rainfall over geologic time probably have reduced the amount of calcium and other soluble basic minerals that could raise the water pH and cause lead to precipitate (settle) out of solution from the groundwater. Soil Types - Clays have a high ionic lead bonding capacity and more surface area to which the lead can bond. Also, groundwater movement in clay is very slow, which increases the contact time for lead to bond to the clay. Chapter I - Page I-4 BMP for Lead at Outdoor Shooting Ranges Low permeability reduces the amount of historical leaching and increases the probability of the presence of basic (pH-increasing) minerals that can precipitate out of solution in groundwater or cause the lead to bond to the clay. All of the basic calcium and related minerals generally will have been removed from the clean silica sand and gravel soils, so the lead in solution in groundwater in these type soils can move long distances (miles) through the ground relatively unchanged. Soil Chemistry - The more basic minerals like calcium and magnesium that are present in soils along the pathways through which the groundwater moves, the greater the lead precipitation (removal) rate. Lead should move in solution only a short distance (a few feet) through a sand composed of calcium shell fragments, but could move in solution long distances (miles) through clean quartz sand. Depth to Groundwater - In areas of groundwater discharge such as river flood plains and most flat areas, the groundwater surface is often a few feet below the surface. Remember, the shorter the distance traveled, the greater the risk that the lead will migrate into the environment. Shallow depth to groundwater is indicative of higher risk for lead to reach the water. pH of Groundwater - Although other factors influence solubility of lead in water, a good rule of thumb is that lead will precipitate out of solution when the pH or alkalinity of water is greater then about 7.5. But, lead dissolved in acid groundwater may travel many miles without change. Health Effects of Lead Exposure on Ranges Lead poisoning is a serious health risk. At higher concentrations, it is dangerous to people of all ages, leading to convulsions, coma and even death. At even very low concentrations, it is dangerous to infants and young children, damaging the developing brain and resulting in both learning and behavioral problems. Figure 1- 1 describes the effects of exposure to lead on children and adults. Federal, state and local actions, including bans on lead in gasoline, paint, solder and many other lead-containing products, have resulted in significant reductions in average blood-lead levels. Despite these advances, the number of lead-poisoned children remains alarmingly high. Children living in older homes may be exposed to lead in peeling paint or paint dust. Children can also come in contact with lead in soil and with lead dust carried home on the clothing of parents. On ranges, inhalation is one pathway for lead exposure since shooters are exposed to lead dust during the firing of their guns. Because wind is unlikely to move heavy lead particles very far, airborne dust is generally considered a potential threat only when there are significant structures that block air flow on the firing line. Under such conditions, the hygiene and other practices proposed by the NRA for indoor shooting ranges in their “Source Book” are applicable to outdoor ranges. Range workers may also be exposed to lead dust while performing routine maintenance operations, such as raking or cleaning out bullet traps. Owners/operators may want to protect these workers by requiring them to wear the proper protective equipment or dampening the soil prior to work. Another exposure route for lead at outdoor ranges is ingestion by direct contact with lead or lead particles. For example, lead particles generated by the discharge of a firearm can collect on the hands of a shooter. These particles can be ingested if a shooter eats or smokes prior to washing his/her hands after shooting. The relative risk of lead exposure to people in a well managed facility is low. Detrimental effects due to elevated lead levels can also be found in animals. Excessive exposure to lead, primarily from ingestion, can cause increased mortality rates in cattle, sheep and waterfowl. For example, waterfowl and other birds can ingest the shot, mistaking it for food or grit. Waterfowl, in particular, are highly susceptible to lead ingestion. This is a concern at ranges where shooting occurs into or over Chapter I - Page I-5 BMP for Lead at Outdoor Shooting Ranges Effects on the Human Body from Excessive Exposure to Lead If not detected early, children with relatively low levels of lead (as low as 10 microgram/deciliter for children) in their bodies can suffer from: - damage to the brain and nervous system, - behavior and learning problems (such as hyperactivity and aggressiveness), - slowed growth, - hearing problems, - headaches, and - impairment of vision and motor skills. Adults can suffer from: - difficulties during pregnancy, - reproductive problems in both men and women (such as low birth weight, birth defects and decreased fertility), - high blood pressure, - digestive problems, - neurological disorders, - memory and concentration problems, - muscle and joint pain, and - kidney dysfunction. Brain or Nerve Damage Slowed Growth Hearing Problems Digestive Problems Reproductive Problems (Adults) Lead affects the body in many ways Figure 1-1: Effects on the Human Body from Excessive Exposure to Lead Chapter I - Page I-6 BMP for Lead at Outdoor Shooting Ranges understand the legal issues and requirements. 1.2.1 Resource Conservation and Recovery Act (RCRA) RCRA provides the framework for the nation’s solid and hazardous waste management program. Under RCRA, EPA developed a “cradle-to-grave” system to ensure the protection of human health and the environment when generating, transporting, storing, treating and disposing of hazardous waste. RCRA potentially applies to many phases of range operation because lead bullets/shot, if abandoned, may be a solid and/or a hazardous waste and may present an actual or potential imminent and substantial endangerment. Connecticut Coastal Fishermen’s Association v. Remington Arms Company, et al. In the late 1980s, the Connecticut Coastal Fishermen’s Association filed a lawsuit against Remington Arms Company as the owner of the Lordship Gun Club. The Lordship Gun Club (a.k.a. Remington Gun Club) is a 30-acre site in Stratford, Connecticut, located on the Long Island Sound at the mouth of the Housatonic River. In the mid-1960s, the Lordship Gun Club was reconstructed to its final configuration of 12 combined trap and skeet fields and one additional trap field. Over the years, the Lordship Gun Club became known as one of the premier shooting facilities on the East Coast. The Connecticut Coastal Fishermen’s Association filed a lawsuit, alleging that lead shot and clay targets are hazardous waste under RCRA. The Complaint alleged that because the lead shot and clay targets were hazardous wastes, the gun club was a hazardous waste storage and disposal facility subject to RCRA requirements. The plaintiff also sought civil penalties and attorney’s fees. Remington moved for a summary judgment dismissing the complaint, and the Connecticut Coastal Fisherman’s Association cross-moved for a partial summary judgment on the issue of liability. On September 11, 1991, the United water. Many of the legal and government actions that have been brought against ranges are based on elevated levels of lead and increased mortality in waterfowl. For example, in one case, an upland area of a range became a temporary pond after a thunderstorm. Waterfowl used the pond to feed and shortly thereafter, there was a waterfowl die-off (increase in bird mortality), apparently from lead ingestion. 1.2 Legal Requirements & Court Rulings To date, most litigation concerns have been at shotgun ranges where the shotfall zone impacts water or wetland areas. The potential environmental and human health risks are greater at these ranges. However, all ranges, including those not located near water bodies, may be subject to legal and government action if proper range management programs are not implemented. Range owners/operators should expect greater scrutiny as ranges become more visible to regulators, environmental groups and the general public. Citizen groups have been the driving force behind most legal actions taken against outdoor ranges. These groups have sued range owners/ operators under federal environmental laws. Two of EPA’s most comprehensive environmental laws, the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), specifically provide citizens with the right to sue in cases in which the environment and human health are threatened. These citizen suits have been highly effective in changing the way ranges operate, even when out-of-court settlements have been reached. The decisions of the United States Court of Appeals for the Second Circuit in Remington Arms and New York Athletic Club set a legal precedent in the application of RCRA and/or the CWA to outdoor ranges. Lead management programs at outdoor ranges must comply with both laws. Actions have also been taken under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) commonly know as Superfund. State and local statutes and regulations may also apply. To ensure environmental laws are being followed, range owners/operators must Chapter I - Page I-7 BMP for Lead at Outdoor Shooting Ranges States District Court for the District of Connecticut ruled on the case. Regarding the plaintiff’s claims under RCRA, the District Court ruled in favor of the Connecticut Coastal Fishermen’s Association, holding that the lead shot and clay targets were “discarded materials” and were “solid waste;” therefore, the materials were subject to regulation under RCRA. The court further stated that the discharged lead shot was a “hazardous waste,” but declined to rule on whether the clay target fragments were also hazardous waste. Remington petitioned the United States Court of Appeals for the Second Circuit Court to review the lower court’s ruling. On June 11, 1992, both parties presented oral arguments before the court. Subsequent to oral arguments, the appellate court requested that EPA file an amicus brief “addressing whether lead shot and clay target debris deposited on land and in the water in the normal course of trap and skeet shooting is ‘discarded material’... so as to constitute ‘solid waste’ under RCRA.” On March 29, 1993, the United States Court of Appeals for the Second Circuit reached its decision. With respect to RCRA, the court both reversed and affirmed the lower court’s opinion in part. Briefly, the decision affects currently operating and future gun clubs, and the following key points are of primary concern: 1.With respect to RCRA, the court agreed with EPA’s amicus brief, which had argued that shooting at gun clubs is not subject to regulatory (as opposed to statutory) requirements. In other words, during routine operations, gun clubs are not viewed as facilities that manage hazardous wastes subject to RCRA regulations and, as such, do not require RCRA permits. 2.Another argument in the EPA’s amicus brief with which the court agreed was the view that the RCRA statute allows citizen suits to be brought if a gun club’s shooting activities pose an “imminent and substantial endangerment to health or the environment.” Although gun clubs are not subject to RCRA regulations, EPA or any state, municipality, or citizen group can take legal action under the statutory provisions of RCRA against gun clubs for actual or potential environmental damage occurring during, or even after, the operation of the club. Under RCRA, the plaintiff would be eligible to recover its legal fees as well. 3.The court concluded that lead shot and clay targets meet the statutory definition of solid waste because these materials were “discarded (i.e. abandoned)” and “left to accumulate long after they have served their intended purpose.” Further, the court concluded that based upon toxicity testing and evidence of lead contamination, the lead shot was a hazardous waste subject to RCRA. The important point to consider here is that if lead shot and clay target debris are discarded (i.e. abandoned), these materials are considered a solid waste as defined in the statute and the facility may be subject to governmental or citizen suits. If, on the other hand, the discharged lead shot is recovered or reclaimed on a regular basis, no statutory solid waste (or hazardous waste) would be present and imminent hazard suits would be avoided. Thus, the Remington Arms case is an important legal precedent. Even though regulations have not been issued regarding gun club operations and environmental protection, gun clubs are still at risk of legal action under RCRA if they fail to routinely recover and reclaim lead, do not take steps to minimize lead release or migration, or if they abandon lead in berms. Gun clubs where there is shooting into water, wetlands, rivers, creeks, and other sensitive environments have the highest degree of litigation risk. Conversely, gun clubs that have the lowest risk of environmental litigation or government action are those clubs that do not shoot into water or wetlands and which have an active program to recover lead. The following describes how RCRA may apply to outdoor shooting ranges. Chapter I - Page I-8 BMP for Lead at Outdoor Shooting Ranges How is Lead Shot Regulated Under RCRA? Lead shot is not considered a hazardous waste subject to RCRA at the time it is discharged from a firearm because it is used for its intended purpose. As such, shooting lead shot (or bullets) is not regulated nor is a RCRA permit required to operate a shooting range. However, spent lead shot (or bullets), left in the environment, is subject to the broader definition of solid waste written by Congress and used in sections 7002 and 7003 of the RCRA statute. With reference to reclaiming and recycling lead shot, the following points should serve as guidance in understanding RCRA and how it applies to your range. (A more detailed discussion of the underlying RCRA rules applicable to lead shot removal at ranges is included in Appendix D) •Removal contractors or reclaimers should apply standard best management practices, mentioned in this manual, to separate the lead from soil. The soil, if then placed back on the range, is exempt from RCRA. However, if the soil is to be removed off-site, then it would require testing to determine if it is a RCRA hazardous waste. •Lead, if recycled or reused, is considered a scrap metal and is, therefore, excluded from RCRA. •Collected lead shot and bullets are excluded from RCRA regulation, and need not have a manifest, nor does a range need to obtain a RCRA generator number (i.e., the range is not a hazardous waste “generator”), provided that the lead is recycled or re-used. The reclaimer does not need to be a RCRA transporter. However, it is recommended that ranges retain records of shipments of lead to the receiving facilities in order to demonstrate that the lead was recycled. Records should also be kept whenever the lead is reused (as in reloading.) The range should be aware that it ultimately may be responsible for the lead sent for reclamation. Therefore, only reputable reclaimers should be utilized. • Lead from ranges destined for recycling may be temporarily stored on range property after separation from soil if the lead is stored in closed, sealed containers, the containers are stored in a secure location and routinely inspected by range staff, and records of inspections are maintained. • Sections 7002 and 7003 of the RCRA statute allow EPA, states or citizens to use civil lawsuits, to compel cleanup of or other action for “solid waste” (e.g., spent lead shot) posing actual or potential imminent and substantial endangerment. Such actions can be sought whether the range is in operation or closed, and is based solely on a determination that harm is being posed or may be posed by the range to public health and/or the environment. Since the risk of lead migrating increases with time, making ranges that have not removed lead more likely candidates for government action or citizen lawsuits under RCRA Section 7002 and 7003, ranges are advised to maintain a schedule of regular lead removal. • With time, lead in soil can become less desirable to reclaimers and smelters, thereby potentially reducing or eliminating financial returns from lead removal. Moreover, such soil may be subject to more expensive treatment to separate the lead for recycling. • Lead removal will allow the range to: avoid contamination of the site and potential impacts to human health and the environment; reduce liability with regard to potential government agency or citizen suit action; and, possibly, benefit economically from the recycling of lead. Additional guidance on reclaiming lead is provided in other parts of this manual. • Soil from berms and shotfall zones may be moved to another area of the range for such reasons as addressing potential environmental impacts (e.g., runoff), altering the layout to address safety concerns or allowing different types of shooting activities, or adding or removing shooting positions. However, removal of lead prior to such Chapter I - Page I-9 BMP for Lead at Outdoor Shooting Ranges movement of soil is normal practice and highly advised because it extends the usable life of the materials and reduces the possibility of release of lead into the environment. If lead is not first removed, it will be further dispersed and will be more difficult to remove in future reclamation. Written records of all such activity should be maintained indefinitely, as they will be necessary in subsequent construction or range closure. • This RCRA summary applies to operating and non-operating ranges, and the use of BMPs at operating ranges is highly recommended. However, because of increased risk if lead is not actively managed, such application may not preclude the need for remediation, as appropriate and/or as required by states’ regulations, when a range is permanently closed, on-site lead is abandoned, or the land use changes. Introductory guidance for remediation can be found at www.epa.gov/epaoswer/osw or www.epa.gov/superfund. Look under the sections “Cleanup” or “Resources,” or use the Search function. 1.2.2 - Clean Water Act The goal of the Clean Water Act (CWA) is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The most common allegation against ranges by the EPA and citizen groups, is that they violate the CWA if they do not have permits that allow spent ammunition to be discharged into water. The CWA prohibits “the discharge of any pollutant by any person” into the waters of the United States without a National Pollution Discharge and Elimination System (NPDES) permit. There have been two court cases that have applied the provisions of the CWA to civilian shooting ranges. To understand how the CWA can apply to shooting ranges, a summary of the cases follows. Also see Table 1-1. To understand the application of the CWA to outdoor ranges, one must know the definitions of key terms and how they have been applied to shooting activities. See Table 1-1. In the Remington Arms and the New York Athletic Club lawsuits, citizen groups argued that the defendants violated the CWA by discharging pollutants from point sources into the Long Island Sound without a NPDES permit. Application of the CWA requires the violations to be ongoing. Consequently, the court in Remington Arms dismissed the CWA charge against the range because it had ceased operating before the lawsuit was filed. However, in the New York Athletic Club case, the club was still in operation during the time of litigation, but had switched to steel shot. EPA’s opinion on this case also addressed the CWA violation. EPA argued that certain trap/skeet ranges can convey pollutants, via point sources, to water in violation of the CWA if a NPDES permit is not obtained. Although some shooting organizations have disagreed with the EPA position, the United States District Court for the Southern District of New York specifically found that: • The mechanized target throwers, the concrete shooting platforms, and the shooting range itself are considered point sources as defined by the CWA; • Expended shot and target debris, including non-toxic shot, such as steel shot, left in water, are pollutants as defined by the CWA. Although the New York district court’s decision in the New York Athletic Club case is not controlling in any other district, range owners and operators of outdoor ranges that shoot over or into wetlands or other navigable waters of the United States should be aware of it. Based on the court’s decision in the New York Athletic Club case, any range whose shot, bullets or target debris enter the “waters of the United States” could be subject to permitting requirements as well as governmental or citizen suits. “Waters of the United States” or “navigable waters of the United States” are waters of the United States, including territorial seas that include any body of water that has any connection to, or impact on, interstate waters or commerce. The waters may include lakes, Chapter I - Page I-10 BMP for Lead at Outdoor Shooting Ranges Table 1-1: Application of Key Terms to Outdoor Ranges mreTyeK noitinifeDyrotutatS otnoitacilppA bulCcitelhtAkroYweN afoegrahcsiD tnatulloP yna"noitidda ottnatullopynafo tniopynamorfsretawelbagivan )deddasisahpme("ecruos )21(2631§.C.S.U33 )sdnaltewgnidulcni(retawotnignitoohS ehtnI.egrahcsidasetutitsnoc kroYweN bulCcitelhtA tahtetupsidtondidegnareht, ehtnidetlusersnoitarepognitoohssti sirbedrehtodnatohstnepsfonoitisoped .setatSdetinUehtfosretawehtotni ecruoStnioPdna,denifnoc,elbinrecsidyna" hcihwmorf...ecnayevnocetercsid ebyamroerastnatullop s'noitaNehtotni"degrahcsid .sretaw )41(2631§.C.S.U33 nI bulCcitelhtAkroYweN dnuoftruoceht, yllacitametsysottcasegnargnitoohstaht sretawdetalugerotnistnatulloplennahc sreworhttegratdezinahcemtahtdna .retawotniyltceridstnatullopyevnoc gnitoohspartA",detatsti,yllacificepS hcihwmorfecruoselbaifitnedinasi...egnar erastnemgarftegratdnatohstneps ehtfosretawelbagivanotnideyevnoc denimretedoslatruocehT".setatSdetinU ebnacsmroftalpgnitoohsetercnocehttaht ehtrednu"secruostniop"etarapessanees egnargnitoohsehtfotecafenosaroAWC .g.e(stnatullopsreviledyllacitametsystaht .retawehtotni)gniddawdnatohs tnatulloP...,etsawdilos,liopsdegderd" otnidegrahcsid...snoitinum "retaw )6(2631§.C.S.U33 nI bulCcitelhtAkroYweN tegratdnatohs, "etsawdilos"fomrofaetutitsnoceudiser asaAWCehtrednunoitalugerottcejbus esehtnodesaB".tnatullop" s'APEdetroppustruoceht,snoitanimreted erewsegnarehttahtnoitnetnoc ecruostniopamorfstnatullopgnigrahcsid .AWCehtfonoitaloivni,timrepatuohtiw Chapter I - Page I-11 BMP for Lead at Outdoor Shooting Ranges 1 The term “land” in this instance refers specifically to terrain recognized as “non-wetland” areas. ponds, rivers, streams, wetlands, or even guts that are frequently dry, which may not be obvious to range owners/operators. These ranges may be required to remediate contaminated sediments and soils, which could be both difficult and expensive, and to cease operations over waters and wetlands. It is essential that these ranges change the direction of shooting, to avoid shooting over or into wetlands or other navigable waters of the United States, and initiate lead removal and recycling activities, where feasible. In addition, these ranges can cause a substantial impact on wildlife and wetlands, which range owners/operators may be required to restore under other federal laws (e.g., CERCLA, discussed below). Lead shot entering a water body substantially increases the potential risk of contaminating surface and groundwater which, in turn, threatens human health and the environment. Finally, as New York Athletic Club, Remington Arms and similar cases show, neighbors have the most leverage when range activity affects wetlands and waterways. For ranges located away from coastal areas or whose operating areas are situated wholly over land, compliance with the CWA can be achieved by obtaining a NPDES permit for piped or channeled runoff from the range into water1. Shooting ranges impacting wetland areas may be subject to other regulations found in Section 404 of the CWA. This section is the principal federal regulatory program protecting the Nation’s remaining wetland resources. Any plan by range owners/operators to dredge and/or fill wetlands may require a permit and will come under close scrutiny by federal, state and local governments and citizen groups. Owners and operators must comply with the CWA for range design, redesign, construction, reclamation or remediation occurring in wetland areas. 1.2.3 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), imposes liability on past and present owners or operators of properties where a release of a hazardous substance into the environment exists. CERCLA is used to ensure that an owner/operator cleans a contaminated site or to seek reimbursement from past owners/operators or disposers (potentially responsible parties or PRPs) when a party, either the government or private party, has cleaned up the contamination. Under CERCLA, lead is considered a hazardous substance. EPA has the authority to order a PRP to clean up a site or conduct the cleanup and recover its costs from the PRP under CERCLA. Responsible parties may be held liable for all cleanup costs, which can be substantial. Under CERCLA, shooting ranges may be liable for government costs incurred during the cleanup of ranges, natural resources damages, and health assessments and/or health effects studies. The following two examples illustrate how shooting ranges (including one operated by the federal government) can be affected by CERCLA. Southern Lakes Trap and Skeet Club Site, Lake Geneva, Wisconsin, et al. In 1992, the US Fish and Wildlife Service (USFWS) began an investigation to determine the cause of death of over 200 Canada geese. The geese died as a result of acute lead poisoning after ingesting lead shot, which research indicated came from the Southern Lakes Trap and Skeet Club. The USFWS, in its role as Natural Resource Trustee, took action to recover the cost of damage to the natural resources (i.e., migratory geese) under CERCLA. In addition, EPA pursued a separate action under the Agency’s CERCLA response authority. The club had leased the property from the property owners to operate a shooting range. Shortly after EPA sent out the notice of potential liability to the current and former owners and Chapter I - Page I-12 BMP for Lead at Outdoor Shooting Ranges operators of the club site, the club closed permanently. In 1994, EPA issued an Administrative Order on Consent (AOC) against one current and one former owner of the property where the now closed Southern Lakes Trap and Skeet Club was located. The AOC required the owners to perform a site assessment, which included an evaluation of the costs to restore the wetlands. In 1998, EPA completed activities to clean up the site and restore some of the natural resources and wetlands. In a negotiated settlement, EPA recovered $1 million of the cost of the cleanup. Walter L. Kamb v. United States Coast Guard, et al. In another CERCLA action, Mr. Kamb (court appointed property guardian) sued the U.S. Coast Guard, California Highway Patrol, City of Fort Bragg, and the County of Mendocino (the defendants) for recovery of cleanup costs under CERCLA. Mr. Kamb had been appointed by the Mendocino County Superior Court to sell the property on behalf of the property owners. The property was formerly used by defendants as a rifle, pistol and trap range. Soil analysis indicated the presence of lead in the form of leadshot, bullets, pellets, and dust. The court found the defendants were “responsible parties” (liable for cleanup costs) under CERCLA. No apportionment of liability was made and the final determination of each parties’ pro rata share of the response cost was deferred. This case shows that range activity need not affect a water body to trigger CERCLA liability. CERCLA is a powerful statutory authority that can greatly impact current and former range owners/operators. The statute allows for recovery of damages to natural resources, the cost of any health assessment studies and all cleanup costs. Liability may extend to past owners and operators long after a range ceases operation. 1.2.4 Additional Laws and Regulations Shooting ranges may also be subject to state and local laws and regulations. Many states have adopted their own environmental laws, which are based on federal laws. Specifically, these states have laws and regulations that mirror the CWA and RCRA program laws. EPA- approved state program laws must be as stringent as the federal laws and may be more stringent. Activities at shooting ranges may also be subject to local laws, ordinances and regulations addressing issues such as noise, zoning, traffic, wetlands and nuisance. Often, citizens or neighbors of outdoor shooting ranges can initiate noise nuisance claims against range owners/operators. Because many states have passed legislation protecting ranges from noise nuisance lawsuits, these may turn into claims of environmental violations under the laws discussed above due to the presence of lead and other products at ranges. 1.3 Benefits of Minimizing Lead’s Environmental Impact All ranges will benefit from proactively implementing successful BMPs. Even if range activities currently do not cause adverse public health and environmental impacts, by developing and promoting active lead management programs, ranges will benefit in the following ways: •Through a sound lead management program, shooting sports enthusiasts can reduce the potential of lead exposure and contamination to humans, animals and the environment. •A lead management program will result in improved public relations for the range and the shooting sports. Ranges can promote and publicize their successful BMP programs to improve their public image. Since many of the legal and governmental actions begin with or are due to citizen groups, an active lead management program may improve the public image of the range with these citizen groups. •The removal of spent lead from the range presents a clean, well maintained facility, which will increase customer satisfaction. Chapter I - Page I-13 BMP for Lead at Outdoor Shooting Ranges •Lead is a recyclable and finite resource and can be recovered from the active portion of ranges and sold to lead reclaimers. Frequently, reclaimers do not charge range owners/operators to recover lead from ranges, and owners and operators may receive a percentage of the profit from the sale of reclaimed lead. This factor drives recycling efforts at many ranges. •By reducing or eliminating a potential source of lead migration in soil, surface water and groundwater, range owners/ operators may avoid costly and lengthy future remediation activities. •Finally, implementing a BMP program for lead may eliminate or greatly reduce the risk of citizen lawsuits and the legal costs associated with these lawsuits. Through management and removal practices, lead may no longer represent a threat upon which citizen lawsuits are based. Range owners/operators may question whether the benefits of a regular and timely BMP program outweigh the efforts of implementing and maintaining a program. The questions may arise especially for ranges at which shooting activities involve waterways, since national attention has focused on ranges located adjacent to water (e.g., Remington Arms and the New York Athletic Club). However, all outdoor ranges may be subject to legal actions under RCRA and CERCLA authority. All of the benefits for adopting best management practices are available and worthwhile for every range owner and operator. The following sections provide information that will assist the range owner or operator in implementing a BMP program for recovery and recycling of lead shots and bullets. This page intentionally left blank Chapter II - Page II-1 BMP for Lead at Outdoor Shooting Ranges 2.1 Physical Characteristics Physical characteristics of ranges, relative to lead management issues, are discussed below. Range Size Shotgun range design and type affects the ease of lead shot collection. Larger ranges typically tend to have lead shot that is dispersed over a wider area, while smaller ranges tend to concentrate lead shot in a smaller area. Reducing the area of the shotfall zone will concentrate the shot within a smaller area, allowing for easier cleanup and reclamation. BMP techniques for reducing the shotfall zone at trap and skeet ranges, as well as sporting clay ranges, are discussed in Chapter III. Soil Characteristics Spent lead bullets and shot are most often deposited directly on and into soil during shooting. When lead is exposed to air and water, it may oxidize and form one of several compounds. The specific compounds created, and their rate of migration, are greatly influenced by soil characteristics, such as pH and soil types. Knowing the soil characteristics of an existing range site is a key component to developing an effective lead management plan. Soil pH Figure 2-1 – pH scale Soil acidity is measured as pH on a scale (illustrated as Figure 2-1) between 1 (most acidic) and 14 (most alkaline, or basic), where 7 is termed neutral. Ideal soil pH for shooting ranges is 6.5 to 8.5.1 Chapter II: Range Characteristics & Activities to Consider When Implementing Best Management Practices (BMP) 2.0 Background Since each firing range site is unique, BMPs for lead must be selected to meet site- specific conditions in order to achieve maximum success. A range’s physical characteristics and the operational aspects (e.g., volume of shooting, shooting patterns and operating schedules) will effect which BMPs may apply and how they will be implemented. Accordingly, whether designing a new outdoor range or operating an existing range, it is important that BMPs incorporate techniques appropriate for the range’s individual characteristics. Section 2.1 of this chapter identifies the physical characteristics that must be considered when evaluating your range. A summary of common physical characteristics at ranges is also presented in Table 2-1. These factors include: •Range Size (primarily for shotgun ranges) •Soil Characteristics •Topography/Runoff Direction •Annual Precipitation •Ground and Surface Water •Vegetation •Accessibility Section 2.2 discusses the operational aspects that must be considered. These factors include: •Lead Volume •Size of Shot/Bullets •Operating Schedule •Shooting Direction and Pattern •Range Life Expectancy In addition, Section 2.3 discusses issues that are specific to implementing BMPs when planning a new range. = Ideal Soil Range 1 National Shooting Sports Foundation, “Environmental Aspects of Construction and Management of Outdoor Shooting Ranges,” June 1997. 1234567891011121314 Acidic Neutral Alkaline Chapter II - Page II-2 BMP for Lead at Outdoor Shooting Ranges arid regions. This is especially true of outdoor ranges using “Steel Bullet Traps.” Steel bullet traps build up a layer of lead residue; these particles are extremely small and more easily transported by rain/water. Also, the smaller the particle, the quicker it will degrade. A bullet trap needs to have a means to collect contact water, or be covered to prevent water from reaching it, and to minimize releases and degradation. Topography/Runoff Directions The topography of your range impacts both the ease of lead reclamation and the mobility of the lead. For example, lead reclamation is more successful at ranges where the shotfall zone is relatively flat, since many lead reclamation companies use heavy machinery that cannot operate on slopes or steep hills. Another important characteristic is the direction in which your range topography slopes. During and after periods of rain, stormwater runoff may wash lead particles or lead compounds off the range. If there are surface water bodies such as lakes, rivers, or wetlands downgradient, the potential for lead to adversely affect the surrounding environment is even greater. Therefore, it is important to identify and control the direction of surface water runoff at your range. BMPs for modifying and controlling runoff are described in detail in Chapter III. Groundwater Groundwater depth should be considered when developing a lead management plan since the closer the groundwater is to the surface, the greater the potential for dissolved lead to reach it. Vegetation Vegetative ground covers can impact the mobility of lead and lead compounds. Vegetation absorbs rainwater, thereby reducing 2 Heavy annual rainfall is anything in excess of the average annual rainfall, which for the northeast United States (e.g. New York, New Jersey) is between 40 and 45 inches. Lead reacts more readily and may become more mobile under acidic (pH < 6) or higher alkaline (pH>8) conditions. This means that spent lead shot left in or on such soils may eventually break down and contaminate underlying soil. In moderately alkaline soils (pH 7 - 8.5), the lead precipitates out of solution and binds to the soil. This “binding” effect prevents the lead from migrating to the subsurface. In general, soils in the eastern part of the United States tend to be acidic, whereas western soils tend to be more alkaline. Soil Physical Characteristics The migration rate of specific lead compounds is affected by the physical characteristics of soil. For example, dense soils, consisting of heavy clays, will prevent the lead compound from moving quickly through the subsurface. Any “free” lead ions become attached to clay particles, with this bond helping to prevent migration. However, with denser soils, the amount of surface runoff increases. Although clay soils inhibit migration, lead reclamation by contemporary removal machinery tends to be more difficult in clayey conditions. Clayey soils tend to clog the screens and “bind” with shot and bullets. This situation may require additional traditional screening, or perhaps screening using water to enhance separation. In contrast, sandy soils or gravel may not impede migration because the open pores of these soils allow lead compounds to percolate quickly. Fortunately, lead reclamation activities are more easily conducted in sandy soils. With this in mind, ranges located in sandy soils should remove lead more frequently. Annual Precipitation One of the most important factors that influences lead degradation (i.e., chemical reactions) and migration is precipitation. Water, most often in the form of rain, provides the means by which lead is transported. In general, ranges located in areas with high annual/seasonal rainfall2 have a higher risk of lead migration than those located in Chapter II - Page II-3 BMP for Lead at Outdoor Shooting Ranges Table 2-1 – Common Physical Characteristics at Ranges – Potential Risks and Benefits Associated with Range Operations lacisyhP scitsiretcarahC tnemnorivnEotksiRlaitnetoP gniganaM/gnitneverPnistifeneBlaitnetoP noitanimatnoC slioscidica,yalCnoitulossiddaelotetubirtnocslioscidicA daelroflaitnetopehtgnisaercni-- noitanimatnoc ffo-nuresaercniyam-- gnikar/gnitfisaivdaelmialcerottluciffiD hguorhtretawfonoitalocrepedepmiyaM liosdetanimatnoc snoidael"eerf"sdniB srevocevitategevfohtworgtifenebyaM enilakla,ydnaS slios ylisaenacretawniardetanimatnoC retawdnuorgdnalioshguorhtetalocrep troppustonlliwliosenilaklaylemertxE noitategev noitulossiddaeltibihniyamsliosenilaklA gnikar/gnitfisaivdaelmialcerotreisaE slioscidica,ydnaSnoitulossiddaelotetubirtnocslioscidicA daelroflaitnetopehtgnisaercni-- noitanimatnoc setalocrepretawniardetanimatnoC sliosydnashguorhtylkciuq gnikar/gnitfisaivdaelmialcerotreisaE gnilloRpeetS niarreT roeganiardetis-ffoetomorpyaM seidobretawecafrusetis-nooteganiard dednepxefonoitamalceredepminaC gnikaraivtohs enoN niarreTtalF,saerani"dnop"yamretawniaR dnanoitulossiddaelgnitomorp noitanimatnoc derevocerylisaetohsdednepxE deziminimeganiardetis-ffO saeradedooW seitivitcanoitamalcerdaeledepmiyaM revuenamottluciffidtnempiuqegnikam -efildliwroftatibahedivorpyaM daeloterusopxegnisaercni enoN roetis-nO ecafrussuougitnoc seidobretaw noitanimatnocroflaitnetophgihYREV rorevodetacolsienozllaftohsnehw efildliwdesaercni;retawottnecajda .noitulossiddaeldesaercni;erusopxe lufsseccusrofnoitponaTONsisihT ylekileromebyamdnanoitacolegnar latnemnrevogro/dnanoitagitilottcejbus retawotnidetisopedsidaelfinoitca seidob enoN noitategeV ,sessargotnidebrosbaebyamdaeL secruosdoofefildliwrehto -nurretawecafrusnwodwolssrevocdnuorG ffo-nurdnano morfsnoidaeltcartxenacnoitategevemoS slioseht Chapter II - Page II-4 BMP for Lead at Outdoor Shooting Ranges Shooting Direction and Patterns Shooting directions and patterns are important to consider when determining the effectiveness of bullet containment devices. For example, many bullet traps are effective in containing bullets fired from specific directions. It is vital that you utilize bullet containment devices that match your range’s specific shooting patterns and manufacturers specifications. Understanding the shooting direction and patterns will also help to correctly identify the shotfall zone at trap and skeet ranges. Shooting into Water Bodies Shooting into water bodies or wetlands should not occur. Besides the environmental impacts discussed previously, the introduction of lead to surface water bodies will likely cause a range to be susceptible to litigation and/or governmental action. Shooting into water bodies or wetlands is NOT an option for ranges that want to survive in the future. Range Life Expectancy and Closure The life span of your range may be impacted by many factors, including financial and environmental issues, noise, and encroachment on residential areas. If your range is slated for closure, contact your local state or EPA representatives for guidance. 2.3 Planning a New Range As discussed in the previous sections, site characteristics and operational aspects affect lead migration, degradation and reclamation activities at ranges. If you are planning on opening a new range, you should select and/ or design a site in consideration of the factors discussed in this manual. This will allow you to minimize the potential of lead impacting your site or adjacent properties. A new range owner has the advantage of being able to design a successful lead management program in full consideration of the site characteristics and recommended BMPs. This advanced understanding of operational aspects the time that the lead is in contact with water. Vegetation also slows down surface water runoff, preventing the lead from migrating off-site. However, excessively wooded areas (such as those often used for sporting clay ranges) inhibit lead reclamation by making the soils inaccessible to some large, lead-removal machinery. Understanding the type, concentration and variety of vegetation on your range is necessary for developing your lead management program and implementing BMPs at your range. Accessibility Accessibility to shotfall zones and backstops is extremely important for lead reclamation activities. A range that is not accessible to reclamation equipment will have difficulty implementing lead reclamation practices. 2.2 Operational Aspects Operating practices can have a great affect on the volume and dispersion of lead at your range. Lead Volume Keeping records of the number of rounds fired over time at your range is important. The number of rounds fired provides a realistic estimate of the quantity of lead available for reclamation. This information helps to determine when reclamation is necessary in order to prevent accumulation of excess amounts of lead, thereby decreasing the potential for the lead to migrate off-site. Size of Shot/Bullets Knowledge of the size shot/bullets used on your range may be helpful. Lead reclamation companies generally use physical screening techniques to separate lead shot and bullets from soil. These screens come in a variety of sizes. Knowing what size shot/bullets have been used at your range will allow the reclaimer to maximize the yield of lead shot/bullets at your range. Chapter II - Page II-5 BMP for Lead at Outdoor Shooting Ranges and requirements will allow you to minimize the potential for lead migration prior to opening. The most important site selection criteria to consider when selecting a new range location include: topography; surface water flow patterns; and depth to groundwater. If possible, ranges should be developed on flat terrain, as it facilitates reclamation and reduces the chance of off-site migration due to surface water runoff as compared with highly sloped terrain. When considering a prospective location for a range, ask yourself: What is the direction of surface water runoff? Does the site drain to surface water (e.g., streams, rivers) on-site? Off-site? Can the range design be modified to minimize potential runoff? Is reclaimation equipment accessible to the area to clean the range? By selecting an appropriate location and designing a lead management program in consideration of site characteristics, new shooting ranges can be developed to minimize the potential for lead contamination. Other important site characteristics can be modified. For example, a new shotgun range can be designed to concentrate the shotfall area, vegetation can be added or altered, and the most advantageous shooting direction can be selected. These modifications are BMPs, and are discussed in further detail in Chapter III. This page intentionally left blank Chapter III - Page III-1 BMP for Lead at Outdoor Shooting Ranges Figure 3-1 – 4 Steps to Build a Successful Lead Management Program Utilizing a Variety of BMPs Chapter III: Best Management Practices (BMPs) For Outdoor Ranges 3.0 Background To operate an outdoor range that is environmentally protective requires implementing an integrated lead management program, which incorporates a variety of appropriate BMPs. These BMPs create a four step approach to lead management: Step 1 - Control and contain lead bullets and bullet fragments Step 2 - Prevent migration of lead to the subsurface and surrounding surface water bodies Step 3 - Remove the lead from the range and recycle Step 4 - Documenting activities and keeping records An effective lead management program requires implementing and evaluating BMPs from each of the four steps identified above and illustrated as Figure 3-1. The BMPs discussed in Sections 3.1 and 3.2 should not be considered alternatives to lead reclamation, but rather practices that should be followed between lead reclamation events. It is important to note that the cost and complexity of these BMPs vary significantly. It is your range’s individual characteristics that will determine which BMPs should be implemented. The specific BMPs are described more fully below. 3.1 Bullet and Shot Containment Techniques (Step 1) 3.1.1 Bullet Containment Knowing where spent lead is allows the appropriate BMP to be used. The single most effective BMP for managing lead in these areas is by bullet containment. Owners/operators should employ a containment system that allows for the maximum containment of lead on-site. The containment systems mentioned in this section are for reference only. Each containment design for a range is site specific. Each owner/operator must look at the various factors in determining which containment system is best for his or her range. Some factors include: overhead, cost of installation, maintenance (e.g., creation of lead dust from steel containment systems). Range owner/operators should consult with various contractors to determine which containment system is best for their range. 1petS2petS3petS4petS niatnoCdnalortnoC)1.3noitceS(noitargiMtneverP)2.3noitceS(elcyceRdnaevomeR)3.3noitceS(seitivitcAtnemucoDgnipeeKdroceRdna)4.3noitceS( tnemniatnoctelluB-- spotskcaBnehtraE~ sparTdnaS~ sparTleetS~ rebbuRroallemaL~ sparTelunarG gnibrosbAkcohS~ etercnoC tnemniatnoCtohS-- llaftohsecudeR~ senoz tsujdadnarotinoM-- emil,.g.e(Hplios )gnidaerps ,.g.edaelezilibommI-- )gnidaerpsetahpsohp ffonurlortnoC-- noitategevtnalP~ cinagroezilitudna revocdnuorg tnemelpmI~ dereenigne slortnocffonur dnagnikardnaH-- gnitfis gnineercS-- gnimuucaV-- gnihsawlioS-- ahtiwgnikroW-- remialcer gnilcyceR-- forebmuntnemucoD-- ezistohs/derifsdnuor )s(PMBtnemucoD-- otsegnartadesu noitargimlortnoc dnaetadtnemucoD-- secivresforedivorp ehtrofsdrocerpeeK-- dnaegnarehtfoefil retfasraey01tsaeta gnisolc ehtetaulavE-- fossenevitceffe desusPMB BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-2 1. National Rifle Association, “The NRA Range Source Book: A Guide to Planning and Construction,” June 1998 This section discusses BMPs for controlling spent lead bullets and fragments in a “controlled” and well-defined area behind the target area. Containing bullets and bullet fragments is critical to successfully managing lead. There are a variety of containment device options available that serve as BMPs to control lead. The principle behind all of them is trapping and containing the actual bullet. They include: Earthen Berms and Backstops Sand Traps Steel Traps Lamella or Rubber Granule Traps Shock Absorbing Concrete For each type of trap, design variations have been developed to fit the specific needs of an individual range. Below are discussions of each general category of trap. Some bullet containment devices are so comprehensive that they virtually eliminate lead’s contact with the environment. However, it is important to discuss all types of bullet containment devices because they are part of comprehensive BMPs for managing lead at rifle and pistol ranges. EPA does not endorse any bullet containment design as being “better” than another. Different containment designs attempt to eliminate lead’s contact with the environment, however, additional BMPs may be required for lead management. EPA recommends that you discuss your range’s bullet containment needs with a variety of vendors before deciding what type of containment device to use. This manual does identify the possible advantages and disadvantages associated with each containment device in Table 3-1, at the back of this chapter. Earthen Berms and Backstops Perhaps the most common bullet containment system at rifle and pistol ranges is the earthen backstop (earthen material, i.e., sand, soil, etc., which is located directly behind the targets). The earthen backstop is generally between 15 and 20 feet high with a recommended slope as steep as possible1. In many instances, backstops may be naturally occurring hillsides. When using an earthen berm or backstop, ensure that the uppermost layer (to a depth of one to two feet) exposed to the shooting activity is free of large rocks and other debris. These materials tend to increase ricochet and bullet fragmentation, which will, in turn, make lead reclamation activities more difficult, not to mention possible safety issues. Removal of lead from earthen backstops may require lengthy reclamation (see Section 3.3) of the soil to remove the lead. Continued use of the backstop without removing the lead may result in increased ricochet of bullets and fragments. In addition, the backstop may lose its slope integrity because of “impact pockets” that develop. Once the lead has been removed from the earthen backstop, the soil can be placed back on the range and used again. Adding lime and phosphate during the rebuilding process is recommended as appropriate (see Section 3.2). However, other bullet containment techniques, including those listed below, should be considered prior to reestablishing an earthen backstop. Sand Traps A variation of the earthen backstop is the sand trap. Sand traps range from those that are simply mounds of sand or soil located directly behind the bullet targets, which serve as backstops to a sand trap that employs a system designed to contain, collect and control lead and contact water. This sand trap uses a grade of sand that is ballistically acceptable. Regular maintenance must be performed to remove larger particles (bullets) from the impact area. These traps are placed so that bullets fired across the range pass through the targets and become embedded in the sand. These traps are typically 15 to 20 feet high with a slope as Chapter III - Page III-3 BMP for Lead at Outdoor Shooting Ranges steep as possible. The most important design criterion for these traps is that the uppermost layer (to a depth of 1 to 2 feet) be free of large rocks and other debris to reduce ricochet and bullet fragmentation, and to facilitate reclamation efforts. There may also be an impermeable layer (e.g., clay or liner) under the sand to prevent lead from contacting the soil underlaying the trap. Sand traps come in various designs and levels of complexity. The sand trap may be ballistic grade sand contained in a high backstop, or a more complex “Pit and Plate” system. The Pit and Plate system uses an angled, steel deflection plate cover that helps to direct bullets and bullet fragments to the top layer of sand only. Some of the more sophisticated sand traps incorporate lead recovery devices. However, the Pit and Plate may increase the surface-to-mass ratio of the bullet splatter and, therefore, may increase environmental risk of lead migration. Regardless of the type of sand trap that is used, the traps become saturated with bullets/bullet fragments. Once this happens, the sand must be sifted (see Section 3.3) to remove the bullets. The recovered bullets can then be sold to a lead recycler (this is discussed in more detail later in the chapter). After sifting, the sand can be returned to the trap. Continued use of the trap, without removing the lead, may result in an increased risk of ricocheting off the backstop and thus creating an increased safety hazard. Furthermore, the sand trap will become unstable over time. Sand traps may be located over an impermeable liner, to prevent lead from contacting soil underlying the trap. This will provide additional protection to soil and groundwater. Steel Traps Steel traps are located directly behind the targets so that expended bullets, along with bullet particles, are directed into some form of deceleration chamber. Once inside the chamber, the bullets decelerate until the bullets/ bullet particles fall into collection trays at the bottom of the deceleration chamber. When the trap is full, or on a more frequent basis, the spent lead can easily be reclaimed for recycling. With some steel traps, expended lead bullets may not come in direct contact with soils, thereby possibly minimizing lead’s contact with the environment. Consequently, the need for other BMPs (e.g., lime spreading, and/or engineering controls), such as those required at ranges with unlined earthen backstops or unlined sand traps, may be avoided if this trap design is selected for the range’s bullet containment device. In addition, bullet removal is somewhat easier than from a sand trap, and may only require emptying the bucket or tray containing the bullets and/or bullet fragments. However, an increase of lead dust and fragmented lead may be an additional environmental concern. Therefore, understanding the amount of lead dust and fragments is important to a successful lead management program. Also, some steel trap designs are not intended for shooting at different angles, therefore limiting the shooter to shooting straight on (no action shooting). As with sand traps, steel traps vary in design and complexity. For example, the Escalator Trap has an upward sloping deflection plate that directs bullets into a spiral containment area at the top. The Vertical Swirl Trap is a modular, free standing trap with four steel plates that funnel the bullets into a vertical aperture in which they spin, decelerate, and become trapped in a bullet collection container. The Wet Passive Bullet Trap is equipped with steel deflection plates that slope both upward and downward. The upwardly sloped deflection plate is covered with an oil/water mixture to help reduce the occurrence of ricochet and bullet fragmentation. The bullet follows its own path in the round deceleration chamber for bullet recycling. Lamella and Rubber Granule Traps The Lamella Trap uses tightly-hanging, vertical strips of rubber with a steel backing to stop bullets. This trap is located directly behind the targets and, in many cases, the targets may actually be mounted to the trap. Lead removal BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-4 requires mining the bullets from the rubber. The Rubber Granule Trap uses shredded rubber granules, housed between a solid rubber front and a steel backing, to stop bullets once they pass through the target. For both traps, the bullets remain intact, thus eliminating lead dust and preventing lead and jacket back splatter. Depending on the design of the rubber trap, the bullet either remains embedded in the rubber strip or falls to the bottom of the trap, from which the bullets are removed for recycling. These traps, when properly installed, are intended to increase safety by decreasing the occurrence of back splatter and eliminating the introduction of the lead dust into the air and ground. However, there are several concerns over their use, since they may: require additional maintenance; in some cases, present a fire threat under extremely high volume use (due to heat from friction created upon bullet impact); not withstand weather elements over the long term; and cause the rubber particles to melt to the lead bullets, making reclamation more difficult. With the availability of fire-resistant rubber and gels (see Appendix A), these issues are becom- ing less of a concern than in earlier models. Shock Absorbing Concrete In addition to the bullet containment devices discussed above, there are new designs and innovations continually being developed. One of these innovative bullet containment devices is Shock Absorbing Concrete (SACON). SACON, which has been used as a bullet containment device since the 1980s and was extensively field tested by the military, has become commercially available in the past several years as a backstop material for small arms ranges. For conventional rifle and pistol ranges, SACON may provide a means to easily reclaim lead. Additionally, crushed, lead-free SACON can be recycled (recasted) after bullet fragments have been removed by adding it to other concrete mixtures for use as sidewalks, curbs, etc. 3.1.2 Shot Containment Reducing the Shotfall Zone Unlike rifle and pistol ranges, the area impacted by lead shot fired at trap, skeet and sporting clays ranges is spread out and remains primarily on the surface. Knowing where spent lead is allows the appropriate BMP to be used. The single most effective BMP for managing lead in these areas is reducing shotfall zones. Concentrating the lead shot in a smaller area by modifying the shooting direction facilitates lead management by providing a smaller and more dense area of lead to both manage in-place and reclaim, thereby making the management and reclamation process simpler and more effective. Sporting Clays Courses Technologies have been developed to assist in reducing the range size of trap and skeet, and sporting clays facilities. The National Sporting Clays Association (NSCA) supports and promotes the Five-Stand Sporting Clays compact course design for shooting sporting clay targets, invented by Raymond Forman of Clay-Sport International, Cochrane, Alberta, Canada. The targets are directed over a smaller area than in English Style Sporting Clays (conventional sporting clays). It was originally designed to be overlaid on a conventional trap or skeet field and to be an alternative to earlier designs, which cover a much larger area. Another design, known as the National Rifle Association (NRA) Clays, is a portable target throwing unit which concentrates 15 rail- mounted machines on a two-story flatbed trailer. The NRA has also developed “compact sporting,” which is specifically for sporting clay facilities. This practice alters the angle that the target is thrown to concentrate the shotfall zone. Skeet Fields The typical single skeet field has a shotfall zone that is fan-shaped. For skeet fields with multiple stands side-by-side, the shotfall zones would overlap creating a shotfall zone that has a concentration of shot near the center of the fan. Chapter III - Page III-5 BMP for Lead at Outdoor Shooting Ranges 2 National Shooting Sports Foundation, “Environ- mental Aspects of Construction and Management of Outdoor Shooting Ranges,” June 1997 Trap Fields One way to reduce the shotfall zone at trap fields is to build the fields at an angle to one another. This will make the shape of the shooting dispersal pattern smaller and more concentrated. However, if you do decide to choose this option, be aware of safety issues when designing the overlapping shotfall zones. For a range with only one trap field, one way to minimize the shotfall zone is to keep trap machines set in as few holes as possible (e.g., the number two or three hole setting). This reduces the area of lead concentration by limiting the angles for pigeon throwing, and therefore the area for lead shot fall. However, when two or more trap fields are positioned side by side, the shotfall zone will be continuous regardless of the “hole” setting. Shot Curtains Another method to consider for concentrating lead shot is the use of a shot curtain. This device is emerging as a potentially effective tool to keep lead shot out of selected areas of the range and, thereby, reduce the size of the shotfall zone and corresponding cost of reclamation. Different designs and material have been utilized in shot curtains and a number are in operation. The effectiveness of shot curtains is site specific and their long term viability and expense have yet to be fully determined. 3.2 BMPs to Prevent Lead Migration (Step 2) This section discusses BMPs for preventing lead migration. These BMPs include: Monitoring and adjusting soil pH Immobilizing lead Controlling runoff These BMPs are important for all outdoor ranges. 3.2.1 Monitoring and Adjusting Soil pH and Binding Lead Lime Addition The BMP for monitoring and adjusting soil pH is an important range program that can effect lead migration. Of particular concern are soils with low pH values (i.e., acidic conditions), because lead mobility increases in acidic conditions since the acid of the soils contributes to the lead break down. The ideal soil pH value for shooting ranges is between 6.5 and 8.5. This BMP is important because many soils in the eastern United States have pH values lower than 6.2 To determine the pH of your soil, purchase a pH meter at a lawn and garden center. The pH meters are relatively inexpensive but valuable tools in the management of lead at your range. If the soil pH is determined to be below 6, the pH should be raised by spreading lime. It is recommended that the pH be checked annually. One way to control lead migration is by spreading lime around the earthen backstops, sand traps, trap and skeet shotfall zones, sporting clays courses and any other areas where the bullets/shots or lead fragments/dust accumulate. For example, lead mobilized in rainwater from the lead that spatters in front of backstops after bullet impacts can be effectively controlled by extending a limestone sand layer out about 15 feet in front of the backstop. Likewise, spreading lime over the shotfall zone will help to raise the pH of the very top soil layer to a pH closer to ideal levels and reduce the migration potential of lead. This is an easy, low cost method. Spreading lime neutralizes the acidic soils, thus minimizing the potential for the lead to degrade. Lime can be easily spread by using a lawn fertilizer drop spreader available at any lawn and garden center. Smaller forms of limestone (powdered, pelletized, and granular) are better suited BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-6 Table 3-2 – Calculating Weight of Lime to Increase Soil pH Values* * Lime requirements stated as pounds of lime/100 square foot of problem area for clay soils in temperate climates (i.e., Mid-Atlantic/Northeast US). because they dissolve and enter the soil more quickly then larger forms. However, the smaller forms of lime must be replenished more often. Conversely, limestone rock dissolves more slowly but does not need to be replenished as often. The larger rock form is better suited for drainage ditches, where it can decrease lead mobility by raising the pH of the storm water runoff. Another way to control lead migration in earthen backstops is to break the capillarity within the base of the backstop. Most porosity in the soil material used in backstop is of capillary size, and, as a result, water is pulled upward into a capillary fringe within the base of the backstop. The height to which the water will rise in an earthen backstop depends on the soil material in the backstop. Water will rise more then 6 feet in clay, 3.3 feet in silt, 1.3 feet in fine sand, 5 inches in coarse sand, and only 2 inches in gravel. Because of capillarity, the spent bullets may be in contact with acidic rainwater for a longer period of time, hence more lead is dissolved. Breaking the capillarity by adding a layer of limestone or gravel to the base of the backstop should reduce the rate of deterioration of spent bullets, the erosion of the backstop, and the amount of lead going into solution in the water in the backstop. Also, any lead dissolved should precipitate out of solution as the acids are neutralized and the pH raised from the water passing through and reacting with the limestone. Lime spreading is an especially important method for implementing this BMP at sporting clays ranges where heavily wooded areas are less accessible to conventional lead removal equipment. These types of ranges also tend to have more detritus (e.g., leaves, twigs, etc.) on the ground, which can increase soil acidity as they decompose. In these areas, semiannual monitoring of the soil pH levels is suggested. Spreading bags of 50 pounds (at ranges with sandy soils) or 100 pounds (at ranges with clayey soils) per 1,000 square feet of range will raise the pH approximately one pH unit for a period of between one and four years, respectively. The market price of lime in either the granular or pelletized form commonly ranges from approximately $2.00 to $4.00 per fifty pound bag. Table 3-2 provides information for raising pH levels of clay soils in temperate climates (i.e., Mid-Atlantic/Northeast). Additional information on the amount of lime to apply may also be found on the bags of the purchased lime and/or from the local lawn and garden center. It should be noted that if the soil pH is below 4.5, the addition of lime may only raise the soil pH to approximately 5. In this situation, other BMPs should be used as well. If the soil pH is above the ideal range upper value (8.5), do not add lime. Adding lime to a soil of this pH could result in mobilization of the lead. Lime spreading may be done at anytime during the year, except when the ground is frozen. Additionally, it is important to remember to monitor the soil pH annually, as the effectiveness of the lime decreases over time. Additional routine applications will be necessary throughout the life span of most ranges. HptnerruC 0.4 3.4 5.4 8.4 0.5 5.5 0.6 5.6 deriseD Hp 0.6-0.54111853--- 5.8-5.6 ---0271117- Chapter III - Page III-7 BMP for Lead at Outdoor Shooting Ranges Phosphate Addition In addition to lime spreading, another way to control lead migration is phosphate spreading. This method is recommended where lead is widely dispersed in range soils, a range is closing, or there is a high potential for vertical lead transport to groundwater (e.g., low soil pH, shallow water table). Under these circumstances, range soils may benefit from phosphate treatment. Unlike lime spreading, the main purpose of phosphate spreading is not to adjust soil pH but to bind the lead particles. This process also decreases the potential amount of lead that can migrate off-site or into the subsurface. Phosphate spreading can be done either separately or in conjunction with lime spreading. Generally, 15 to 20 pounds of phosphate per 1,000 square feet will effectively control the lead. Phosphate spreading is especially recommended for sporting clays ranges and those parts of ranges not easily accessible by reclamation equipment. Phosphate spreading should be repeated frequently during the range’s lifetime. See pilot testing under “Other Ways to Bind Lead” below for proper frequency for replacing phosphate. You can purchase phosphate either in its pure form, as phosphate rock, or as lawn fertilizer. The average lawn fertilizer costs approximately $7.00 per 40 pound bag. If you purchase lawn fertilizer, remember to check the bag for the actual percentage of phosphate. Most fertilizers contain 25% phosphate, so that if you purchase a 40 pound bag of fertilizer that contains 25% phosphate (i.e., 10 pounds of phosphate) you will need to spread 80 pounds of fertilizer per 1,000 square feet of the backstop. A typical fertilizer drop spreader can be used for distributing the phosphate. Like lime, phosphate should not be spread when the ground is frozen. In addition, it is not advised to use phosphate near water bodies since it contributes to algal blooms. Rock phosphate is a better choice if water is nearby. Other Ways to Bind Lead Although it may be possible to minimize lead’s mobility by spreading fertilizers that contain phosphate at impacted areas of the range, a more comprehensive procedure for immobilizing leachable lead in soils, by using pure phosphate in rock form or a ground phosphate rock [Triple Super Phosphate (TSP)], was developed and patented by the U.S. EPA/Ohio State University Research Foundation and RHEOX, Inc. This procedure used a three step approach to minimize lead’s mobility. The first step was to identify the boundaries of the area of the range to be treated. This included not only determining the length and width of the range area, but also the depth of lead within the area. Depth was determined by taking sample cores of the area, which also identified “hot spots” where lead accumulation was greatest. Once the area was identified, the second step was to treat the area with TSP. Pure phosphate rock was used rather then fertilizers, as this phosphate is insoluble in water and will not cause an increase in phosphate runoff. In this step, pilot testing was conducted. Here, various amounts (in increasing percentages by weight) of TSP were added to the affected soil areas, then the area was tested according to an EPA test method that identified the amount of leachable lead in a given soil sample. This test is called the Toxicity Characteristic Leaching Procedure, or TCLP. Separate TCLP testing of the range’s hot spots was conducted. Upon completion of the pilot testing, which determined the amount of TSP needed at the range, the third step was to begin actual treatment of the range. Where the depth of the lead accumulation was shallow (less than two feet), then standard yard equipment, such as tillers, seed/fertilizer spreaders, and plows were used to mix TSP with the affected soil. Where the affected area’s lead accumulation was deeper than two feet, an auger was required to mix the TSP with the affected soil. Random testing of the range ensured the effectiveness of the treatment level. BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-8 3.2.2 Controlling Runoff The BMPs for controlling soil erosion and surface water runoff are important to preventing lead from migrating off-site. There are two factors that influence the amount of lead transported off-site by surface water runoff: the amount of lead fragments left on the range and the velocity of the runoff. The velocity of the water can successfully be controlled at outdoor ranges by: (1) using vegetative, organic, removable and/or permanent ground covers; and (2) implementing engineered controls which slow down surface water runoff and prevent or minimize the chances of lead migrating off-site. Bear in mind that safety considerations and potential ricochets need to be considered when implementing any engineered controls. Vegetative Ground Cover Planting vegetative ground cover (such as grass) is an important and easy erosion control method. Vegetation provides several benefits by minimizing the amount of lead that will run off the land surface during heavy rainfall. It is important to use a mixture of grass seeds to ensure that the cover will last into the future (i.e., annual rye grass lasts one year and dies and perennial rye grass lasts three to four years, then dies off). Fescue grasses form useful mats that are effective in controlling erosion. Ground cover absorbs rainwater, which reduces the amount of water the lead is in contact with, as well as the time that the lead is in contact with the water. Furthermore, the ground cover will divert and slow down surface water runoff, thus helping to prevent lead from migrating off- site. Grasses yield the greatest benefit at rifle and pistol ranges where the bullet impact areas are sloped, and water runoff and soil erosion may be more likely. Specific recommendations are to: Utilize quick growing turf grass (such as fescue and rye grass) for the grass covering of backstops, which can be removed prior to reclamation and replanted thereafter; Avoid vegetation that attracts birds and other wildlife to prevent potential ingestion of lead by wildlife; and Use grass to direct surface water drainage away from the target area (e.g., planting them at the top of the backstop or sand trap). This will minimize the water’s contact with lead bullet fragments, minimizing the potential for lead migration. Grass is not impermeable; however, it does slow down the rate of flow and reduce the amount of lead entering the soil via rainwater. Remember, grass requires periodic maintenance (i.e., mowing) to maintain its effectiveness as well as for aesthetic reasons. Mulches and Compost Mulches and composts can reduce the amount of water that comes in contact with the lead fragments. In addition, mulches and compost contain hermic acid, which is a natural lead chelating agent that actually sorbs lead out of solution and reduces its mobility. At a minimum, the material should be two inches thick. These materials can be spread over any impacted area and/or low lying areas where runoff and lead may accumulate. Like vegetative covers, organic surface covers are not impermeable. In addition, the organic material needs periodic replacement to maintain effectiveness and aesthetic integrity. Furthermore, these materials should be removed prior to any lead removal event, as they may impede sifting or screening. Note that these materials tend to be acidic (especially during decomposition), so, if low pH is a concern at your range, this option may not be appropriate. Again, however, lime may be used to control pH (see Section 3.1.1) Surface Covers Removable Surface Covers Removable surface covers may be effective at outdoor trap and skeet ranges. In this case, impermeable materials (e.g., plastic liners) are Chapter III - Page III-9 BMP for Lead at Outdoor Shooting Ranges placed over the shotfall zone during non-use periods. This provides the range with two benefits during periods of rainfall: (1) the shotfall zone is protected from erosion; and (2) the spent lead shot is contained in the shotfall zone and does not come in contact with rainwater. Permanent Surface Covers For outdoor rifle and pistol ranges, impact backstops and target areas can also be covered with roofed covers or other permanent covers to prevent rainwater from contacting berms. However, this method may be less desirable because of the cost to install the roof, which must be carefully designed to avoid safety issues with ricochets, etc. For shotgun and other ranges, synthetic liners (e.g., asphalt, AstroturfTM, rubber, other synthetic liners) can also be used beneath the shotfall zone to effectively prevent rainwater or runoff from filtering through lead and lead contaminated soil. Synthetic liners will generate increased runoff, which must be managed, however. No single type of liner is suitable for all situations based on site characteristics. Therefore, liners must be chosen on a site- specific basis, bearing in mind the site’s unique characteristics, such as soil type, pH level, rainfall intensity, organic content of soil, and surface water drainage patterns. Engineered Runoff Controls Runoff control may be of greatest concern when a range is located in an area of heavy annual rainfall because of an increased risk of lead migration due to heavy rainfall events. A “hard” engineered runoff control may be needed in this situation. A heavy rainfall event is defined as rainfall that occurs at such a rate that it cannot be absorbed into the ground and causes an increase in the volume and velocity of surface runoff. The impacts of rainfall are greater in rolling or sloped terrain (increases velocity of runoff) or where surface water bodies are located on, or immediately adjacent to, the range. Examples of “hard” controls include: Filter beds Containment Traps and Detention Ponds Dams and Dikes Ground Contouring. Designing and implementing these “hard” engineering controls may require the assistance of a licensed professional civil engineer. They are included in this manual to offer the reader a general understanding of these BMP options. However, this manual does not offer specific instructions for construction and operation of these controls. For information about designing and implementing any of these controls, or assistance with other range design questions, contact a licensed professional civil engineer having applicable experience or the NRA Range Department, at (800) 672-3888, ext. 1417. The National Sports Shooting Foundation (NSSF) may be contacted at (203) 426-1320 for specific references regarding the use and design of these controls. Filter Beds Filter beds are engineering controls built into an outdoor range to collect and filter surface water runoff from the target range. The collected runoff water is routed to a filtering system, which screens out larger lead particles, raises the pH of the water (thus reducing the potential for further lead dissolution), and drains the water from the range area. This technique may not completely prevent lead from entering the subsurface, since lead bullets, fragments and large particles may still remain on the range. Filter beds should be established at the base of the backstop (see Figure 3-2). In addition to mitigating off-site migration, the filter beds work to raise the pH of the rainwater, which has fallen on the target range, to reduce lead dissolution, and to strain small lead particles out of the rainwater. The filters typically consist of two layers: a fine-grained sand bed underlain by limestone gravel or other neutralization material. By design, the backstops and berms direct the runoff so that it drains from the range to the filters. The collected water then soaks through the top sand layer into the neutralization material, BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-10 Figure 3-2 – Sample Filter Bed System (Adapted from Proceedings for National Shooting, Range Symposium, October 17-19, 1993, North American Hunting Club and Wildlife Forever) which raises the pH of the filtrate. The lead particles in the rainwater are collected on the sand, while the pH-adjusted water drains through the filter to a perforated drainage pipe located within the limestone gravel. Filter beds are designed to capture fine particles of lead transported in surface water runoff. They are not designed to capture bullets. The operation and maintenance requirements of filter beds are minimal. Maintenance activity is limited to periodic removal of debris (such as litter, leaves, etc.) and occasional replenishment of the limestone. The use of filter beds is most effective on sites with open, rolling terrain where surface water runoff is directed to them. At existing rifle and pistol ranges, a limited system of trenches and filters can be installed at the base of natural soil backstops or at natural drainage depressions. Containment Traps and Detention Ponds Containment traps and detention ponds are designed to settle out lead particles during heavy rainfall. Typically, they are depressions or holes in the range’s drainage paths. Here, the lead-containing runoff passes through the trap or pond, allowing the lead bullet fragments to settle out. Vegetative cover can be placed in the drainage path to increase the effectiveness of containment traps and ponds by further reducing the velocity of runoff and allowing for more lead fragments to settle from the runoff. It is important to regularly collect the lead and send this lead to a recycler. Dams and Dikes At shotgun ranges, dams and dikes can also be used to reduce the velocity of surface water runoff. Dams and dikes must be positioned perpendicular to the direction of runoff to slow the flow of surface water runoff. To accomplish this, determine the direction of the range’s surface water runoff. This will be particularly obvious at ranges with sloped terrain. The dams or dikes should be constructed using mounds of dirt that are approximately a foot high. These mounds should transect the entire range perpendicular to the stormwater runoff direction. These runoff controls are most important at ranges at which off-site runoff is a potential problem, such as ranges where the lead accumulation areas are located upgradient of a surface water body or an adjacent property. Since lead particles are heavier than most other suspended particles, slowing the velocity of surface water runoff can reduce the amount of lead transported in runoff. Chapter III - Page III-11 BMP for Lead at Outdoor Shooting Ranges Figure 3-3 – Examples of Common Lead Reclamation Equipment Example of final separation device (Patented Pneumatic Separation Unit) used with a Shaker System. Courtesy of MARCOR. Example of shaker system. Courtesy of National Range Recovery Ground Contouring Another mechanism to slow runoff and prevent lead from being transported off site is ground contouring. By altering drainage patterns, the velocity of the runoff can be reduced. Furthermore, in areas where pH is high (resulting in a lower potential for lead dissolution), the soil can be graded or aerated to increase the infiltration rate of precipitation, so that rainwater is more easily absorbed into the soil. This slows down or prevents surface water runoff and off-site migration. It should be pointed out that this design, in effect, collects lead in the surface soils. Therefore, range operation and maintenance plans should include lead reclamation as well as adjusting the pH, and adding phosphate. 3.3 Lead Removal and Recycling (Step 3) To successfully minimize lead migration, the most important BMP for lead management is lead reclamation. Implementing a regular reclamation program will allow you to avoid expensive remediation and potential litigation costs. Ranges in regions with high precipitation and/or with acidic soil conditions may require more frequent lead recovery since the potential for lead migration is greater. In regions with little precipitation and/or where the soil is somewhat alkaline, spent bullets may be allowed to accumulate on the soil for a longer time between reclamation events. It should be noted that to ensure that lead is not considered “discarded” or “abandoned” on your range within the meaning of the RCRA statute (i.e., a hazardous waste), periodic lead removal activities should be planned for and conducted. This typically requires one or more of the following: Hand Raking and Sifting Screening Vacuuming Soil Washing (Wet Screening, Gravity Separation, Pneumatic Separation) These methods are discussed in detail below. Figure 3-3 provides examples of common lead reclamation equipment. BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-12 Also, it is important to be aware that state regulations may require that the material being sent for recycling have a minimum lead content in order to qualify as a scrap metal that can be shipped under a bill of lading (i.e., exempt from RCRA). 3.3.1 Hand Raking and Sifting A simple BMP that can be done by club members, particularly at small ranges, is raking and/or sifting bullet fragments from the soil. Sifting and raking activities should be concentrated at the surface layer. This is a low- technology and low-cost management alternative for lead reclamation. Once collected, the lead must be taken to a recycler or reused. Arrangement with a recycler should be made prior to collecting any spent lead to avoid having to store the lead and avoid potential health, safety and regulatory concerns associated with storing lead. At trap and skeet ranges, conducting sifting and raking activities in the shot fall zone (approximately 125 - 150 yards from the shooting stations) will yield the most lead. For sporting clay ranges, these activities should be conducted around tree bases, where lead shot tends to collect. Basically, the process consists of raking with a yard rake the topsoil in the shot fall areas into piles, as if you were raking leaves, removing any large debris (e.g., rocks, twigs, leaves, etc.), and then sifting the soil using screens. Once the soil has been raked and collected, pass it through a standard 3/16 inch screen to remove the large particles. This process will allow the lead shot sized particles to pass through the screen. The sifted material (those not captured by the 3/16 inch screen) should be passed through a 5/100 inch screen to capture the lead and lead fragments. This process will also allow sand and other small sediment to pass through the screen. Screens can be purchased at many local hardware stores. The screens should be mounted on a frame for support. The frame size will vary based on the technique used by each range. For example, if one person is holding the framed screen, it may be better to use a smaller frame (2 feet by 2 feet) whereas, if several people are holding the framed screen, it can be larger. Raking and sifting can be performed by club members on a volunteer basis. Some clubs provide incentives, such as reduced fees, to members who assist with the lead removal process. Other clubs have hired college students during the summer. A number of small clubs have found that reloaders will volunteer to rake in exchange for collected shot. Hand sifting and raking are cost effective lead removal techniques for small ranges, or low shooting volume ranges. However, these techniques may not be appropriate for situations in which there is a large volume of lead on the range. In this instance, reclamation machinery may be more appropriate. Note: Those conducting the hand raking and sifting reclamation at ranges should protect themselves from exposure to lead. Proper protective gear and breathing apparatus should be worn. The Occupational Safety and Health Administration (OSHA) or an appropriate health professional should be contacted to learn about proper protection. 3.3.2 Purchasing/Renting Mechanical Separation Machinery Reclamation equipment may be rented from local equipment rental services. One type of machine that it may be possible to rent for lead shot reclamation is known as a screening machine (also referred to as a mobile shaker, gravel sizer, or potato sizer). This device uses a series of stacked vibrating screens (usually two screens) of different mesh sizes and allows the user to sift the lead shot-containing soil [gathered by hand raking, sweeping, or vacuuming (discussed above)]. The uppermost screen (approximately 3/16 inch mesh) collects larger than lead shot particles, and allows the smaller particles to pass through to the second screen. The second screen (approximately 5/ 100 inch mesh) captures lead shot, while allowing smaller particles to pass through to the ground. The lead shot is then conveyed to a Chapter III - Page III-13 BMP for Lead at Outdoor Shooting Ranges container such as a five gallon bucket. In the Northeastern United States, the typical rental cost for this equipment is between $500 and $4,500 a week, depending on the size shaker desired. It may be possible to get more information on rentals for this type of equipment from heavy equipment rental companies. Another possible option is to rent a vacuum system that will collect the lead shot-containing soil from the range. Here, vacuuming takes the place of hand raking or sweeping. A vacuum machine is used to collect the lead shot- containing soil. Once collected, the lead shot- containing soil must be sifted through a screening system (either a rental screening machine, or a series of home made framed screen sets). You may be able to obtain more information about renting vacuums or vacuuming services (e.g., it may include a person to operate the machinery) from heavy equipment rental companies. Some clubs have found that performing their own lead reclamation to be very time consuming. Part of the reason these reclamations took so long is that the soils were wet. Reclamation is much easier under dry soil conditions. For example, one club reclaimed lead from their range using equipment they modified themselves. Twenty-five tons of lead were collected but the reclamation took over two years. Another club took a year to reclaim 10 tons of lead. A more preferable option may be to hire a reclamation company. 3.3.3 Hiring a Professional Reclamation Company Another option for lead removal is to hire a professional reclaimer. Lead reclamation companies claim to recover 75%-95% of the lead in the soils. Generally, with reclamation companies there is no minimum range size requirement for lead reclamation. Concentration of lead is more important than quantity spread over a field, especially if it is a difficult range for reclamation (e.g., hilly, rocky, a lot of clay in the soil). Please note that reclamation companies tend to be in high demand — it may take over a year for the company to start at your club. Therefore, it is wise to plan ahead and make the call to the reclamation company as early as possible. Some reclamation companies require a site visit to view the topography, the soil composition, and amount of lead observed on the ground. During the visit, some companies may even do a site analysis to determine whether or not it is feasible to reclaim. This analysis identifies the location of lead, the expected recovery amount, and the depth lead reaches into the soils. 3.3.4 Reclamation Activities Using machinery to reclaim lead usually requires that the area be clear of scrub vegetation. Grass, mulch, or compost is generally removed or destroyed during the reclamation process. Some reclamation companies have no problem beginning reclamation on a grassy field. Other reclamation companies will remove grass before or during reclamation (by burning it, if allowed locally, leaving behind the lead shot), and still others require that all vegetation be removed before they arrive at the range. Some companies will re-seed the area once the reclamation is completed. Since sporting clay ranges generally have many trees, removal of vegetation as discussed above may not directly apply to existing sporting clay ranges. At these ranges, the focus is on removing vegetative debris (i.e., fallen limbs, tree bark, etc.) prior to reclamation. This may include removing some trees to gain better access with the reclamation machinery. Of course, when designing a new sporting clay range, steps to facilitate lead reclamation should be taken into account. For example, less and more widely spaced trees will facilitate lead reclamation. Reclamation companies use several types of machinery to reclaim lead. Some companies drive their separation machinery over the site. The lead-laden soil is picked up, processed and then returned to the ground after most of the lead BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-14 is removed. Other companies scrape off the top several inches of soil from the ground, using a front-end loader to bring the soil/lead to stationary reclamation machines, and then return the soil to the field after reclamation. Many companies till the top two to five inches of soil and grass immediately prior to reclamation to facilitate the process (some companies may require this to be done prior to arrival on the range). Regardless of how it is collected, the actual reclamation of the lead follows the same general pattern. Most often, it is sifted through a series of shaking screens. The lead and soil pass through shaking screens (usually at least two screens) of decreasing mesh (hole) size, with the topmost screen having the largest mesh. This part of the reclamation machinery is usually adapted from machinery used for potato or gravel sizing. Any soil/debris automatically screened out as being too big or too small is either returned to the field or re-screened to ensure no lead is caught in the debris. This procedure is why moist, clay soils are more difficult to reclaim. The moist, clay soils can bind together into shot- sized pellets producing more “product” for the second part of the reclamation. The wet soils can also clog the screens. For some reclamation companies, their process ends after sifting the soil and returning it to the ground. However, some companies take reclamation one step further. After screening, the resulting lead, soil, and other lead-sized particles enter a blowing system. Here the lead shot is easily separated from the soil and other debris by the blowing air. The lead is much more dense than the soil and other lead-sized debris so that it falls out first. Figure 3-3 depict examples of actual lead reclamation machinery. Some lead reclamation companies will perform the reclamation during club off-hours so that club activities are not interrupted. Additionally, some perform the reclamation on a field-by-field basis, to minimize any disruptions to club activities. However, others companies require the club to shut down during the reclamation. Reclamation time varies depending on weather, site accessibility, range size, and number of personnel assigned to perform the reclamation. Reclamation activities may generate dust, especially in drier western locations. To prevent or minimize dust from traveling off the range and causing complaints from neighbors, reclamation activities generating dust should only be conducted during periods of no wind. In addition, such activities should be completed as quickly as possible. Vacuuming For ranges that are located on hilly, rocky, and/or densely vegetated terrain, several reclamation companies employ a vacuum system that collects the lead shot (and soil and other detritus). The resulting mix is then placed into the reclamation machinery discussed above. This method is especially effective for sporting clay ranges where lead shot tends to pile up around tree bases. Vacuuming has traditionally been used for removal of lead shot from trap, skeet and sporting clay ranges. Another way to apply this method involves removing the top layer of an earthen backstop or sand trap with shovels. It is then spread thinly over an impermeable material such as plywood. A vacuuming device is then used to collect the materials that are lighter than lead (e.g., sand or soil), while leaving behind the heavier materials (i.e., lead bullets/shots and fragments). The soil can then be returned to the range. This process is most efficient for dry, sandy soils without a lot of organic material. A more recent innovation is the use of a high suction vacuum. This vacuum itself does not have to be moved about, since a very long hose (up to 600 feet) is used to move in and around trees during the collection of lead shot at trap and skeet ranges. Soil Washing (Physical and Gravity Separation) Soil washing is a proven technology and another lead reclamation method used by some reclaimers to separate the lead particles from Chapter III - Page III-15 BMP for Lead at Outdoor Shooting Ranges the soils. Soil washing is the separation of soils into its constituent particles of gravel, sand, silt and clay. Because of the much higher surface area and surface binding properties of clay, most lead contaminants tend to adhere to the clay particles. Soil washing, therefore, attempts to generate a clean sand and gravel fraction by removing any fines adhering to the larger soil particles and, if necessary, to transfer contaminants bound to the surface of the larger particles to the smaller soil particles. Typically, the soils are first excavated from the range and then mixed into a water-based wash solution. The wet soil is then separated using either wet screening or gravity separation techniques. One benefit of this system of reclamation is that it does not require that soils be dry. In addition, soil washing may be able to recover all or almost all lead particles through a combination of wet screen sizing and density separation. This technique is an option for remediation of a range being closed and may compare favorably from an economic standpoint with the disposal option. Soils treated using this method have been shown to be below 5 mg/L TCLP and to have up to 99% of particulate lead removed. Treatment costs are site specific, but can range from less then $40 per ton (1999 levels) for simple physical/gravity separation up to about $100 per ton for processes involving leaching. Credits for recycled lead help offset the treatment cost and the cost of recycling any treatment sludges and concentrated soil fines. Water used in soil washing is from a closed loop system and should only be disposed at completion of cleanup. Experience shows the water to not be a RCRA regulated hazardous waste, therefore probably allowing disposal to a local wastewater treatment plant. Wet Screening With this method, particles larger and smaller than the surrounding soils are passed through a series of large-mesh to small-mesh screens. Each time the mixture passes through a screen, the volume of the soil mixture is reduced. Large particles such as lead shot/bullets and fragments are screened out of the soil/wash mixture early in the process and can be taken off-site for recycling - allowing the soil to be placed back on-site. Gravity Separation This technique can be used in cases where the lead particles are the same size as surrounding soil particles. The wet soil/wash mixture is passed through equipment, which allows the more dense materials (i.e., lead materials) to settle to the bottom of unit and separate out of the soil/wash mixture. Pneumatic Separation Pneumatic separation (see figure 3-3) is an effective means to enhance the traditional screening results. Traditional screening cannot separate shot and bullets from other shot and bullet sized material, i.e., rocks, stones, roots, and various debris. A recycling facility considers non-lead items as “contaminants” which drastically reduces the value of the recycled lead. Pneumatic separation utilizes an air stream, and specific density analysis, to effectively separate the shot/bullets from the other shot/bullet sized material. 3.3.5 BMPs to Assist Lead Reclamation and Recycling There are several operational activities that should be conducted throughout the year to facilitate reclamation. The following is a discussion of these activities. Frequency of Lead Removal It is important to perform lead removal at a frequency appropriate for your site. The frequency is dependent on several factors. These include: Number of rounds fired Soil pH Annual precipitation Soil Type Depth to groundwater. BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-16 4. National Rifle Association, “Metallic “Bullets” lead Deposits on Outdoor and Indoor Firing Ranges” 1991 Lead quantity, as estimated by the number of rounds fired, is a factor in determining the appropriate frequency of reclamation at ranges. It also assists in determining the cost of reclamation. One reclamation company indicated that reclamation was most cost effective when it contains at least 20 pounds of lead per square foot of backstop. Another source indicated that a minimum of 100,000 rounds per firing lane should be allowed before lead reclamation occurs. This would ensure good range operation and maintenance, while minimizing the cost per quantity of lead recovered. For shotgun ranges, tracking the number of targets thrown can help indicate when the lead shot should be reclaimed. For example, considering environmental issues, the market for scrap lead and common cleanup methods, one source indicated that when a range has thrown at least 250,000 to 1,000,000 targets, depending on the shooting area, reclamation of the lead shot is encouraged. Another reclaimer indicated that if at least two pounds of lead per square foot have accumulated on the range, reclamation is recommended. Because the number of rounds fired is important to know, establishing record keeping procedures to monitor the number of rounds fired is recommended. This can be accomplished by maintaining logbooks and asking shooters to list the number of rounds shot and the type/size of shot/bullets they use. This should be done by lane and by stand. There are many ranges at which lead removal has not occurred for many years. Many of these ranges are used extensively. Such ranges are especially good candidates for lead removal and recycling. Subsequent removal frequency depends on range use and environmental factors. The NRA recommends a frequency of one to five years for lead cleanup, even on ranges with minimal use4. One possible approach to reducing the cost of reclamation more cost effective is for a number of ranges in the same geographical area to work together in organizing coordinated removals at their ranges. This will reduce the reclaimer travel and mobilization cost for each range. Minimization of Vegetation As discussed previously, vegetation is useful both for controlling the amount of runoff and erosion from the range and inhibiting lead mobility. However, excessive or unmaintained vegetative cover can interfere with reclamation activities. For example, large amounts of vegetation impedes the screening and sifting processes used by many reclamation companies. Therefore, prior to reclamation activities, it is best to remove, reduce, or mow excessive vegetation from the area. Once the reclamation has been conducted, quick-growing vegetation such as a rye/fescue grass mix should be replanted. This process should be repeated for each reclamation event. In addition, heavily wooded areas may inhibit lead reclamation because they are less accessible by heavy reclamation machinery. For ranges that are heavily wooded, it is recommended that you minimize the vegetation or modify the range design to allow lead reclamation equipment access to the range. Access to the impact area should be developed to facilitate reclamation. Make sure that the pathways do not present a safety risk. Innovative Landscaping Some new ranges are landscaping their ranges to include a sand track (an area the size of the shotfall zone that is only sand) located behind some aesthetically pleasing shrubs. This allows the spent shot to concentrate on the sand, making it very easy to perform reclamation because there is no interference by vegetation. Selecting a Lead Reclaimer In ensuring that the reclamation is conducted appropriately, selecting a reclaimer that is right for your range is extremely important. Some lead reclamation companies will travel to your range and assess the range prior to conducting Chapter III - Page III-17 BMP for Lead at Outdoor Shooting Ranges lead collection activities. This assessment trip allows the reclamation company to confirm information gained during initial discussions, as well as to assist in appropriately estimating costs, time required, and the estimated volume of lead at the range. Conducting this pre- assessment also allows you to determine which reclaimer is right for your situation. Questions Commonly asked by the Reclaimer When you contact a reclamation company, it is likely that the reclaimer will ask several general questions. Typical questions include: When was the last reclamation conducted? How many rounds have been shot since that last reclamation? What is the use frequency of the range? What are the site characteristics and soil types? What type of bullet containment device is used at the range? Answering these questions will be a lot easier if you have maintained good records, as is suggested above. Questions to ask the reclaimer When choosing a reclaimer be sure to ask the general questions about prior cleanups (past projects), insurance to cover company and cleanup (general liability insurance, pollution insurance, bonding, etc.), and site plans to ensure health and safety of workers and range personnel. Other questions you may want to ask the reclaimer include: Can the reclamation take place outside normal hours of range operation? What costs are involved? How long will the reclamation take? Does vegetation at the range need to be removed? Economic Considerations Lead removal costs may vary dramatically depending upon the type and volume of soil or sediments, topography, amount of lead, location, and reclamation company and technique used. Because the economics vary due to many factors, this manual does not provide specific estimates. However, it is important to understand that lead reclamation will generally require an expenditure by the range, even when considering any monetary returns from selling reclaimed lead. By tracking the range use and using the criteria discussed earlier (see Frequency of Lead Removal), the reclamation costs per quantity of lead can be optimized. For long term range management, routine lead removal will help future cost avoidance by minimizing the need for costly site remediation Some reclaimers bid the lowest flat fee with all the lead provided to the range for selling. The range owners/operators must then consider the transportation costs and recycling fee associated with sending the reclaimed shot and bullets to a recycling company. Alternatively, the reclaimer will use the economic return of lead sold for recycling, based on the volume reclaimed and the current value of lead, to reduce the total cost of reclamation and recycling. Although the value of lead varies, the scrap value of reclaimed lead typically falls between $.06 and $.25 per pound, excluding transportation cost. See the appendix for contact information regarding lead reclamation companies that specialize in lead removal at outdoor ranges. 3.4 Documenting Activities and Record Keeping (Step 4) Documenting activities and keeping good records is of paramount importance for an effective lead management program at a range. Owners/operators should document all activities done at the range with respect to BMPs and recycling of lead. Records should be kept on when services were provided and who provided them. Owners/operators may want to document what type of BMP(s) were implemented to control lead migration, the date of service, and who did the services. The records should be kept for the life of the range. Records may be used to show that owners/operators are doing their part to BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-18 help prevent lead migration off-site and show that they are doing their part to be stewards of the environment. 3.5 Additional Economic Considerations Not all BMPs need to be implemented at once. Many can be phased in over time. However, it is important to begin implementing BMPs, especially lead reclamation and recycling, as soon as possible. Implementing the most appropriate BMPs for your range requires consideration of your range characteristics and costs associated with implementing the BMPs. This manual provides a large selection of BMPs that vary in both cost and sophistication. In selecting BMPs for your range, it is important to look at all costs and all the benefits (or potential problems) associated with each BMP. 3.6 Summary of Key BMPs for Shooting Ranges There are several BMPs that are highly recommended to be implemented, if applicable to your range. Table 3-1 identifies the advantages and disadvantages of all BMPs discussed in this chapter. This table serves as a quick reference guide for potential BMPs. Readers should refer back to the detailed discussions above for further information regarding these BMPs. 3.7 Certificate of Recognition EPA has established a voluntary process whereby a shooting range may apply for a “Certificate of Recognition.” The Certificate is intended to be awarded to ranges that have certified that they have prepared and intend to implement, or have implemented, a written Environmental Stewardship Plan that is consistent with the EPA Best Management Practices for Lead at Outdoor Shooting Ranges manual. To assist in this process, Appendix E contains a template for an Environmental Stewardship Plan, an electronic copy of which is available on EPA’s shooting range website (http://www.epa.gov/region2/leadshot) in several formats. This template, combined with information provided throughout this manual, other resources and guidance, and site- specific factors, will help in guiding the process of evaluating relevant information about your facility and determining which BMP(s) might be appropriate for your ranges. EPA’s template was adapted from Appendix C of the National Shooting Sports Foundation’s manual, Environmental Aspects of Construction and Management of Outdoor Shooting Ranges (the NSSF manual.) Accordingly, use of that template would also be acceptable for use in EPA’s Certificate of Recognition program. In order to request this certificate, a range must submit a notice to the Lead Shot Coordinator in EPA Region 2 stating that they have completed an Environmental Stewardship Plan as indicated above and are intending to implement it within six months. The certificate is intended to convey, to all that may see it, that the range has declared its intention to properly manage lead shot and bullets. However, it must be noted that a certificate is not a permit to operate and provides no additional operational approval, implied or otherwise. Chapter III - Page III-19 BMP for Lead at Outdoor Shooting Ranges Table 3-1 – Summary of Key BMPs noitargiMdaeLgnitneverProfsPMB HpgnitsujdAdnagnirotinoM noitpOPMB segatnavdA segatnavdasiD gnidaerpSemiL ysaE.1 evisnepxenI.2 evitceffE.3 areffotonseoD.1 noitulostnenamrep nikrowtonlliW.2 snoitidnoccidicaylemertxe daeLgnizilibommI noitpOPMB segatnavdA segatnavdasiD gnidaerpSetahpsohP ysaE.1 evisnepxenI.2 evitceffE.3 areffotonseoD.1 noitulostnenamrep ffonuRgnillortnoC noitpOPMB segatnavdA segatnavdasiD ).cte,ssarg,.g.e(revoCdnuorGevitategeV ysaE.1 gnisaelpyllacitehtseA.2 evisnepxeniylevitaleR.3 dnaswolsylevitceffE.4 ffonurtceridernac "brosbaoib"yamemoS.5 dael cidoirepseriuqeR.1 ecnanetniam rodevomerebtsuM.2 otroirpdecuder noitamalcer noitategevevissecxE.3 htiwerefretnilliw noitamalcer dnahclum,.g.e(revoCecafruScinagrO )tsopmoc ysaE.1 gnisaelpyllacitehtseA.2 evisnepxeniylevitaleR.3 dnaswolsylevitceffE.4 ffonurtceridernac cidoirepseriuqeR.1 ecnanetniam roirpdevomerebtsuM.2 noitamalcerot taelbatiusebtonyaM.3 lioscidicahtiwsegnar snoitidnoc sdeBretliF daelstaertdnastreviD.1 ffonurdetanimatnoc ecnanetniamwoL.2 egnarhtiwstsissA.3 eganiard agniriheriuqeryaM.1 reenignedesnecil tsocputeslaitinirehgiH.2 BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-20 Table 3-1 – Continued 1 Much of this information was obtained from Action Target’s Bullet Containment Trap Technologies video. Reference to various pros and cons of individual bullet containment devices is included in this manual for informational purposes only. The USEPA does not endorse any particular bullet containment device, design, or product. ).tnoc(ffonuRgnillortnoC noitpOPMB segatnavdA segatnavdasiD sparTtnemideS/retaW ecnanetniamwoL.1 egnarhtiwstsissA.2 eganiard agniriheriuqeryaM.1 reenignedesnecil tsocputeslaitinirehgiH.2 sekiDdnasmaD ecnanetniamwoL.1 egnarhtiwstsissA.2 eganiard tsocputeslaitinirehgiH.2 gniruotnoCdnuorG tsocputeslaitinirewoL.1 egnarhtiwstsissA.2 eganiard agniriheriuqeryaM.1 reenignedesnecil stelluBgniniatnoCdnagnillortnoC seciveDtnemniatnoCtelluB noitpOPMB segatnavdA segatnavdasiD potskcaBnehtraE laitini)ynafi(laminiM.1 tsocputes morfgnirifstpeccA.2 snoitceriddnasnugsuoirav stellubfopudliuB.1 fosecnahcsesaercni noitatnemgarfdnatehcocir smelborp seriuqerlavomerdaeL.2 gninim eulavdesaercedlaitnetoP.3 sselsitiesuacebdaelfo demialcerdaelnahtnaelc smetsyspartrehtomorf s'daeletanimiletonseoD.4 ehtotninoitcudortni tnemnorivne parTdnaS tsocputeslaitiniwoL.1 ecnanetniamfoesaE.2 morfgnirifstpeccA.3 snoitceriddnasnugsuoirav stellubfopudliuB.1 fosecnahcsesaercni noitatnemgarfdnatehcocir smelborp seriuqerlavomerdaeL.2 gninim )dnaS(parTetalPdnatiP tsocputeslaitiniwoL.1 noitallatsnielpmiS.2 dnalavomerdaeL.3 sselseriuqergnilcycer gninimevisnetxe potnopusdliubdaeL.1 gnisuacdnasforeyal smelborptehcocir tellubdesaercnI.2 noitatnemgarf folevelrehgiH.3 dnasnahtecnanetniam spart Chapter III - Page III-21 BMP for Lead at Outdoor Shooting Ranges Table 3-1 – Continued ).tnoC(stelluBgniniatnoCdnagnillortnoC ).tnoc(seciveDtnemniatnoCtelluB noitpOPMB segatnavdA segatnavdasiD )leetS(parTrotalacsE dnasroodnidesuebnaC.1 sroodtuo eriuqersetalpnoitcelfeD.1 desulioehT.gnilioraluger ylisaenacdnasuodrazahsi segnarroodtuotaetargim hgihylevitaleR.2 ecnanetniam noitcellocdaelrooP.3 yamstellubehtesuaceb ehttadeggolcemoceb ehttaaeranoitcelloclarips etalpnoitcelfedehtfopot tellubdesaercnI.4 noitatnemgarf rebbureriuqeryaM.5 nidecalpebotsniatruc wolsotpartehtfotnorf stellub esioneroM.6 daelfonoitaercelbissoP.7 tsud )leetS(lriwSlacitreV rosroodnidesuebnaC.1 sroodtuo niderutpacerastelluB.2 ,sreniatnocnimroferup gnilcycerdnalavomersuht ysaesi gnitoohstpeccatonseoD.1 snoitceridllamorf tinuhcaeerehwsrenroC.2 tehcociresuacnacteem smelborpnoitatnemgarfdna esioneroM.3 tsuddaeletaercyaM.4 )leetS(parTtelluBevissaPteW dnasroodnidesuebnaC.1 sroodtuo wol,.e.i(stlusertnellecxE.2 ,noitatnemgarfwol,tehcocir )lavomerfoesae niderutpacerastelluB.3 lavomersuht,sreniatnoc ysaesignilcycerdna evisnepxE.1 sierutximretawdnaliO.2 suodrazah esioneroM.3 parTallemaL rosroodnidesuebnaC.1 sroodtuo tsuddaelfonoitcudeR.2 ylkciuqspirtsrebbuR.1 tsumdnadeyortsedemoceb decalpereb drazaheriflaitnetoP.2 ecnanetniamhgiH.3 stnemgarfdaelderettacS.4 nacrebburhtiwdexim detanimatnocdael;etargim dnasuodrazaheraselunarg gnildnahlaicepseriuqer BMP for Lead at Outdoor Shooting Ranges Chapter III - Page III-22 Table 3-1 – Continued )tnoC(stelluBgniniatnoCdnagnillortnoC seciveDtnemniatnoCtelluB ).tnoc( noitpOPMB segatnavdA segatnavdasiD elunarGrebbuR rosroodnidesuebnaC.1 sroodtuo tsuddaelfonoitcudeR.2 seziminiM.3 derapmoc,noitatnemegarf spotskcabemoshtiw nacspirtsrebbuR.1 deyortsedemocebylkciuq decalperebtsumdna eriflaitnetopesopemoS.2 -erifhguohtla,drazah tnatsiser/tnadrater nielbaliavaeraslairetam sngisedemos ecnanetniamhgiH.3 daelderettacS.4 htiwdeximstnemgarf dael;etargimnacrebbur eraselunargdetanimatnoc eriuqerdnasuodrazah gnildnahlaiceps etercnoCgnibrosbAkcohS ebnac/elbatpadA.1 epahsynanidemrof ecuderotdesuebnaC.2 tegrat/smrebliosninoisore stnemecalpme nacetercnocdehsurC.3 retfatsacerebyllaitnetop devomerstnemgarf dnagnitfillacinahceM.1 tsumtnempiuqegnildnah noitallatsnigniruddesueb ecnanetniamdna ecnanetniamhgiH.2 stsoc)tnemecalper( daeLfognilcyceRdnalavomeR gnitfiSdnagnikaRdnaH bulcybenodylisaE.1 srebmem evisnepxenI.2 edistuoenodebnaC.3 sruohgnitarepo evitceffeylevitaleR.4 emiteromebyaM.1 segnaregraltagnimusnoc ,.e.i(evitisnesrehtaeW.2 yrdrednutsebskrow )snoitidnoc dnadaeloterusopxE.3 elbissoptsuddael gnineercS evitceffE.1 cimonocelaitnetoP.2 snruter ebtsumnoitategeV.1 devomer ,.e.i(evitisnesrehtaeW.2 yrdrednutsebskrow )snoitidnoc gnimuucaV evitceffE.1 tsaeltadesuebnaC.2 segnarelbissecca sdeennoitategevsseL.3 devomerebot ,.e.i(evitisnesrehtaeW.1 yrdrednutsebskrow )snoitidnoc gnihsaWlioS ehtgninaelctaevitceffE.1 daelehtevomerotlios htiwtfelsienoosselcitrap liosdael-non ebtsumnoitategeV.1 devomer References - 1 BMP for Lead at Outdoor Shooting Ranges Battelle Memorial Institute, Field Demonstration of a Sieving and Stabilization Technology on Lead-Contaminated Soils at a Small Arms Range at Mayport Naval Air Station, Colum- bus, Ohio, February 1991 Brister, B. The Speed Factor, Field and Stream, January 1995 Connecticut Coastal Fisherman's Ass'n v. Remington Arms Co., Inc., 989 F.2d 1305 (2d Cir. 1993) George, C.J., Joachim, A., and Le, Phu Trong, Long-Buried Lead Shot: Its Stability, Possible Transport by Waterfowl and Reexposure by Hydraulic Dredging at Collins Lake, Department of Biological Sciences, Union College, Schenectady, NY, June 1991 Long Island Soundkeeper Fund, Inc. v. New York Athletic Club of the City of New York, 1996 U.S. Dist. LEXIS 3383 (S.D.N.Y. 1996) Magdits, Louis J., Recycling Regulations, Proceeding from the Third National Shooting Range Symposium, June 23-25, 1996, Orlando, Florida Middleton, J.R., Development of Toxic Free Ammunition, U.S. Armament Research, Development and Engineering Center National Rifle Association of America, Lead Article, Risk Issues in Health and Safety - Volume I, Pages 6-8, Winter 1990 National Rifle Association of America, Metallic “Bullets” Lead Deposits on Outdoor and Indoor Firing Ranges, 1991 National Rifle Association, The NRA Range Source Book: A Guide to Planning and Construction, June 1998 National Shooting Sports Foundation, Environmental Aspects of Construction and Management of Outdoor Shooting Ranges, June 1998 Ordija, Victor, Lessons from Lordship, Proceedings from the National Shooting Range Symposium, October 17-19, 1993, Salt Lake City, Utah Peddicord, Richard K., Lead Mobility in Soils, Proceedings from the Third National Shooting Range Symposium, June 23-25, 1996, Orlando, Florida References References - 2 BMP for Lead at Outdoor Shooting Ranges Sever, C.W., Lead and Outdoor Ranges, Proceedings from the National Range Symposium, October 17-19, 1993, Salt Lake City, Utah Sporting Arms and Ammunition Manufacturers Institute, Inc., Lead Mobility at Shooting Ranges, Newtown, CT, 1996 Stansley, W., Widjeskog, L., and Roscoe, D.E., Lead Contamination and Mobility in Surface Water Trap and Skeet Ranges, Bulletin of Environmental Contamination Toxicology, Springer-Verlag, New York, NY, 1992 U.S. Department of the Interior, Pollution Prevention Handbook -- Firing Ranges, Department of the Interior, Office of Environmental Affairs, Washington, D.C. U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Washington, D.C., Directive 9355.4-12, Revised Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities, July 14 1994 U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Washington D.C., A Citizen's Guide to Soil Washing, EPA 542-F-96-002. , April 1996. U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Washington, D.C. Physical/Chemical Treatment Technology Resource Guide, EPA 542-B- 94-008. September 1994. Appendix A - Page A-1 BMP for Lead at Outdoor Shooting Ranges This manual provides contacts for lead reclamation companies, lead recycling companies, bullet trap manufacturers, and organizations that provide prevention and/or remediation techniques to assist clubs and firing ranges in implementing Best Management Practices for shooting ranges. The list was updated for the June 2005 printing. Vendors who are interested in being added to the list of lead reclaimers or remediation contractors should contact: Lead Shot Coordinator RCRA Compliance Branch US EPA Region 2 290 Broadway New York, NY 10007-1866 Telephone: (212)637-4145 E-mail: Leadshot.Region2@epa.gov Appendix A: Resources Appendix A - Page A-2 BMP for Lead at Outdoor Shooting Ranges Lead Recycling Companies Below is a list of recycling companies for lead in soils and spent lead shot/bullets that were contacted during the writing of this manual. Lead recycling companies smelt lead. It is not inclusive and is included for informational purposes only. Local scrap metal recyclers may also accept spent lead shot or spent bullets. Mention of these companies does not serve as an endorsement by the EPA. ynapmoCnuReoDehT noisviDgnilcyceRecruoseR 5931xoB1CH 04456OM,ssoB 6658-336-008 6743-626-375 stidgaMuoL moc.nureod@stidgam.l cnI,ynapmoCgnirutcafunaMnnePtsaE . 741xoB.O.P 63591AP,noitatSnoyL 1636-286-016 ybieLkciR moc.aked-nneptsae.www//:ptth:etiSbeW edixE steertSnaloN&yellaVgnirpS 21691AP,gnidaeR 5948-734-008 zerauS-sajoRaztiraM,nadroJtreboR moc.edixe.www//:ptth:etisbeW gninifeRdnagnitlemSrehpoG 941yawhgiH5833htuoS 12155NM,nagaE 0133-454-156 1547-453-008 ffotuKkraM /moc.ecruoserrehpog.www//:ptth:etiSbeW gnilcyceRtsaoCfluG tSht66.N1091 91633LF,apmaT 1516-626-318 notseWmailliW cnI,srehtorByksrubsniK . dvlBmiehanA.N4131 10829AC,miehanA 6158-837-417 redienhcSluaP moc.yksrubsnik.www//:ptth:etiSbeW proCgnidarTevreseR. 203xoB.O.P 85244HO,anideM 8223-327-033 Appendix A - Page A-3 BMP for Lead at Outdoor Shooting Ranges Lead Reclamation Companies Below is a list of reclamation companies for lead in soils and spent lead shot/bullets that were contacted during the writing of this manual. Lead reclamation companies reclaim lead from ranges. It is not inclusive and is included for informational purposes only. Mention of these companies does not serve as an endorsement by the EPA. latnemnorivnEecirB ,tSllehS0023 ,02537xoB.O.P 70799KA,sknabriaF senoJgiarC 5591-654-709 moc.cniecirb.www morfyliramirpsmialceR dnasdnaspotskcabnehtrae .spart .cnI,egnaR·nE .tSht92WN6233 0136-24133LF,imaiM rolyaT.MsamohT 5699-999-503 5468-536-503xaF moc.oohay@1egnarne:liamE moc.egnar-ne.www dnanoitamalcerdaelsedivorP dnalatnemnorivnerehto .secivresecnanetniam tcatnE truoCevitucexE0101 082etiuS 95506LI,tnomtseW 0092-689-036 moc.tcatne.www folavomerlacisyhpsmrofreP ,spotskcabmorfdaeleht sliosfotnemtaertlacimehc ehtotliossnruterdna .potskcab .cnI,setaicossA&lraK daoRkcuaL02 04591AP,notnhoM IIIlraKdnumdE 0077-658-016 -dimehtehtniyliramirpskroW gniniatnoc-daeL.aeracitnaltA dnadevomeryllacisyhpsilios setislasopsiddesnecilottnes .seitilicafgnilcycerdesnecilro ROCRAM daoRellivsyekcoC642 03012DM,yellaVtnuH sregnuJevaD 1000-587-014 moc.rocram.www noitarapescitamuenpasesU morfdaelevomerottinu staertdnaliosdetanimatnoc .PLCTssapotlios tnemtaerTslateM TM(CLL,seigolonhceT 2) eunevAht94tseW14421 3etiuS 33008OC,egdiRtaehW lehtraBmiJ 7796-654-303 moc.ttslatem.www dnaliosmorfdaelsevomeR fosepytllatasliosstaert .segnar ynapmoCgnikcurTsraeS 83xoB.O.P 63037KO,oneRlE sraeSdnalraG 4133-225-008 1182-262-504xaF morfdaelsevomeryllacisyhP .segnarteeksdnaparttaslios oS rocul .dtL,seirtsudnIp daoRkcayNtseW052 49901YN,kcayNtseW acuLeDekiM 3332-326-548 7894-326-548xaF moc.loa@sbmproculos:liamE moc.dtlproculos.www gnisuliosstaertdnasevomeR gnidnoBraluceloMrieht )SBM(metsyS lios .ygolonhcetnoitazilibats lavomeRdaeLnrehtuoS 5462xoB.O.P 51123LF,hcaeBanotyaD tsirhcliGniveK 5110-367-683 1996-167-683xaF dnaroodnimorfdaelsevomeR .ylnosegnarlotsiproodtuo secivreSgnitoohStropS 766xoB.O.P 62323LF,ellivdrofwarC reyTdE 5737-629-058 2310-492-058enohplleC moc.loa@egnarorivne:liamE nehtraemorfdaelsevomeR dnarekahsasesu,smreb etarapesotmetsysneercs stner,sliosmorfdael dna,tnempiuqegnineercs ,ngisedegnarnostlusnoc .adirolFniyliramirp .dtL,secruoseRarreT 1139xoB4CH 54699KA,remlaP dooWyrraL 1894-647-709 9505-232)709(:enohplleC 0894-647-709:xaF moc.hsawarret.www otssecorpcirtemivargsesU dnadaeletarapes hsaWarreT MT gnihsawlios .ygolonhcet ,snoituloSgnilcyceRetsaW .cnI 211etuoR0581 36711YN,drofdeM tnediserP,aibarAymmoT 1183-456-136 otmetsysmuucavasesU dnapartmorfdaelevomer .segnarteeks Appendix A - Page A-4 BMP for Lead at Outdoor Shooting Ranges Other Resources Below is a list of additional phone numbers that may be of use if you have general questions includ- ing questions on range construction, design, and implementing BMPs. ecivreSefildliWdnahsiF.S.U xafriaFhtroN1044 30222AV,notgnilrA 6512-853/307 /vog.swf.www//:ptth:etisbeW cnI,seitsudnIgnilcyceRparcSfoetutitsnI . 0001etiuS,WN,teertSG5231 4013-50002CD,notgnihsaW 0771-737/202 /gro.irsi.www//:ptth:etisbeW .cnI,noitaicossAseirtsudnIdaeL teertSniaM31 17870JN,atrapS )3235-627/379(DAEL-627/379 4844-627/379:xaf moc.ofnidael.www//:ptth:etisbeW aciremAfonoitaicossAelfiRlanoitaN daoRslliMselpaW05211 03022AV,xafriaF 8883-ARN/008 gro.arn.www//:ptth:etisbeW dnanoitadnuoFstropSgnitoohSlanoitaN segnaRgnitoohSfonoitaicossAlanoitaN daoRlliHeliM11 07460TC,nwotweN 0231-624/302 gro.fssn.www//:ptth:etisbewFSSN gro.ofniegnar.www//:ptth:etisbewRSAN noitinummAdnasmrAgnitropS .cnI,etutitsnI'srerutcafunaM retneCeciffOegdiRkcoltnilF daoRlliHeliM11 9532-07460TC,nwotweN 8534-624/302 gro.imaas.www//:ptth:etisbeW etutitsnItnemeganaMefildliW 108etiuS.W.N,teertSht411011 50002CD,notgnihsaW 8081-173/202 :etisbeW gro.etutitsnitnemeganamefildliw.www//:ptth Appendix A - Page A-5 BMP for Lead at Outdoor Shooting Ranges Web Resources setiSbeWlufesU noitpircseD sserddAbeW setiStnemnrevoGlaredeF egnaRgnitoohSroodtuOs'APE.S.U egaPemoH /tohsdael/etsaw/2noiger/vog.ape.www//:ptth eluRsnoitinuMyratiliM–APE.S.U /yratilim/etsawzah/rewsoape/vog.ape.www//:ptth mth.noitinumer/sdriht/wsmlabirt/vog.ape.www//:ptth htlaeHdnaytefaSlanoitapuccO.S.U )AHSO(noitartsinimdA /vog.ahso.www//:ptth lanoitapuccOrofetutitsnIlanoitaN )HSOIN(htlaeHdnaytefaS /hsoin/vog.cdc.www//:ptth setiStnemnrevoGetatS segnaRgnitoohSrofsPMB:adirolF /egnar_gnitoohs/seirogetac/etsaw/su.lf.etats.ped.www//:ptth ehtnitohSdaeL:sttesuhcassaM tnemnorivnE mth.tohs_bp/tohsbp/selif/ped/su.am.etats.www//:ptth egnaRgniriF"rofretsoP:atosenniM "sdrazaH lmth.selbanm/hsoin/vog.cdc.www//:ptth tsilsremialceRtohSdaeL:oihO mth.ycerdael/mwhd/vog.oiho.ape.www//:ptth tsiLsrelcyceRdaeL:gnimoyW mth.dael/hcaertuo/su.yw.etats.qed//:ptth snoisiceDtruoC s'nemrehsiFlatsaoCtucitcennoC smrAnotgnimeR.vnoitaicossA mth.arcr/remmus/ude.tif.lladeud.www//:ptth YNdnadnuFrepeekdnuoSdnalsIgnoL kroYweN.v.cossAs'nemrehsiFlatsaoC bulCcitelhtA mth.caynfsil/tohsdael/etsaw/20noiger/vog.ape.www//:ptth hcraeseRdnaselcitrA taslioSninoitanimatnoCdaeL-FASU segnaRgniriFsmrAllamSyratiliM psa.a89enuj/tcaf/tca-orp/lim.fa.skoorb.eecfa.www//:ptth llamS–)CEA(retneC.vnEymrA.S.U ygolonhceTegnaRsmrA lmth.30snoitarepo/egnar/ceasu/lim.ymra.cea//:ptth lmth.30ixxegnar/ygolonhcet/ceasu/lim.ymra.cea//:ptth mth.egnar/79niw/etadpu/sriaffacilbup/ceasu/lim.ymra.cea//:ptth stelluBneerG–CEA lmth.20yticilbup/sriaffacilbup/ceasu/lim.ymra.cea//:ptth lmth.a00ixxegnar/ygolonhcet/ceasu/lim.ymra.cea//:ptth mth.stellub/79rps/etadpu/sriaffacilbup/ceasu/lim.ymra.cea//:ptth parcSegnaRgniriFfognilcyceR-CEA mth.1199rps/99rps/etadpu/sriaffacilbup/ceasu/lim.ymra.cea//:ptth suodrazaHdnadiloSrofretneCadirolF tnemeganaMetsaW /gro.retnecadirolf.www//:ptth gnitoohSfonoitaicossAlanoitaN yrarbiLecnerefeR'segnaR /tnmgnm_ytilicaf/yrarbil_ecruoser/gro.ofniegnar.www//:ptth Appendix A - Page A-6 BMP for Lead at Outdoor Shooting Ranges Bullet Trap Manufacturers1 1EPA does not endorse any particular bullet containment device or product. Information on this table is offered toreaders for a general understanding of some common bullet trap options and is based on vendor marketing literature.parTtelluBrerutcafunaMelbaliavAsngiseDfotsoCdetamitsEparTecirPsedulcnItoNdedulcnIecirPnifoegasUparTnoitpircseDstnemmoClareneGtegraTnoitcA3308-773)108(:tcatnoCOEC,sitruCnhoJmoc.tegratnoitcatnemniatnoClatoT)TCT(parT008,1$ot006,1$toofraenil/notnedneped()detcelesserutaeffoesahcruPtnempiuqEnoitallatsnIyrevileDthgierF()dedulcnielfiRlotsiP-romrA*gnicreipnosdneped*foepyt-romragnicreiptahtpartelyts-lennufasiTCTehTwoltadetnuomsetalpleetssesuaotnistellubtceridotselgnawolehT.rebmahcnoitarelecedehtfopukaerbtneverpselgna,rebmahcehthcaeryehtlitnustellubdnaygreneesolstellubehterehwegarotselbaevomerotnipordtsudlanoitponA.sreniatnoclufrewopasesutinunoitcellocdnatsuddaelevomerotmuucavnoitcellocehtmorfselcitrapenifrehto.rebmahcrofdengisedsiTCTehTroodtuodnaroodnihtobebyamtI.snoitacilppa,snugdnahhtiwylefasdesu-hgihdna,snugtohssahdna,selfirderewopdetsetyllufsseccusneebrebilac-05htiwdesudna.eriftegraTnoitcA).tnoC(evobasliatedeesmreBrebbuR)TBR(parTtoofrenil/0011$noitallatsnIyrevileDdnaroelfiR.lotsiP-romrA.gnicreipesutonnaCyraidnecni.sdnuordnamrofniralimisyrevsiTBRehTrodnaslanoitidartaotnoitcnufsuoivboehthtiw,partmrebnehtraedeppohcfoesuehtgniebecnereffidasadnasfodaetsnirebburotniderifstelluB.muidemnoitcellocrebburehtybdebrosbaerapartehtnoitamalcerlitnuerehtniamerdna.partehtmorfdaelfogninimhguorhtretfosasirebburesuaceBstellub,muidemnoitcellocsselhtiwderutpacebnac.noitatnemgarfdnapu-kaerbninoitcudergnitluserehTsisleveltsuddaelnilaicifenebyllaicepsetifenebsihT.segnarroodnieromsadesaercedsiehtnietalumuccasdnuorderifylwengnisuac,partstellubtcapmiotstellub.partehtniydaerla Appendix A - Page A-7 BMP for Lead at Outdoor Shooting Ranges Bullet Trap Manufacturers Con’t.1 parTtelluBrerutcafunaMsngiseDelbaliavAfotsoCdetamitsEparTecirPsedulcnIdedulcnItoNecirPniparTfoegasUnoitpircseDstnemmoClareneGsuipoCstnatlusnoC9847-387)615(:tcatnoCsuipoCgiarC/tnemniatnoCyrevoceRmetsySmorfsegnaRottoofraenil/006$toofraenil/000,1$htiwseiravecirP(ngisedcificeps)detcelesfoesahcruPtnempiuqEgnippihSelfiRlotsiPnugenihcaMnugtohSehtfonoitacifidomasisihTyravseziS.potskcabdnassdeenehtnognidnepedehtfoscitsiretcarahcdnaegareva,revewoh;egnardna'21-'01sithgieh.'41-'21sihtdiwegarevacitsillabsezilitupartehTstellubpartotdnasedarganistnemgarftellubdnametsysehT.metsysdelaesdnanoitcellocsniatnocesaeotsmetsysnoitartlifetanimilednanoitamalcer.daelfonoitargimetis-ffodednemmocercificepSehtnodesabsiparttellub:gniwollofytitnauq,egasufoepyT)1.cte,egasufoyrtnuocninoitacoL)2seussilatnemnorivnE)3araennoitacol,.g.e()ydobretawehtnodnepedlliwecirP.detpodangisedtahtsierutaefeuqinuenOynatarucconacgnitoohs.elgnaesnefeDttiggeMsmetsySllewsaC1026-607)216(:tcatnoCnosleinaDnairBralunarGtelluBrebbuRsparTraenil/003,1$ot049$tooffoepytnotnedneped(serutaefrehtodnapart)detcelesfoesahcruPtnempiuqEnoitallatsnIyrevileDthgierF()dedulcnilotsiPelfiRgnicreiP-romrAnugtohSnugenihcaMkaepS(srecarT).peRselaSotstellubsbrosbapartehTroelgnaynamorfderifleetsdesopxeoN.ecnatsidtonerastellub;secafrusehT.detnemgarfnidesulairetamdetalunargrevodenrutebnacpartehttnepsehtrevocerotylkciuq.sdnuordnaroodnirofelbatiuS.segnarroodtuospartfosepytthgiE.elbaliava.spartsdliubmotsuCcificeps-etissedivorP.detseuqerfi,ngisedsinoitamalceRretfadednemmocer000,09yletamixorppaderifneebevahsdnuor).epytpartnognidneped(1EPA does not endorse any particular bullet containment device or product. Information on this table is offered toreaders for a general understanding of some common bullet trap options and is based on vendor marketing literature. Appendix A - Page A-8 BMP for Lead at Outdoor Shooting Ranges Bullet Trap Manufacturers Con’t.1 1EPA does not endorse any particular bullet containment device or product. Information on this table is offered toreaders for a general understanding of some common bullet trap options and is based on vendor marketing literature.parTtelluBrerutcafunaMsngiseDelbaliavAfotsoCdetamitsEparTecirPsedulcnInidedulcnItoNecirPfoegasUparTnoitpircseDstnemmoClareneGsmetsySegnaR7121-999)888(0029-335)367(:tcatnoCsamohTevetSmoc.smetsys-egnarrotalusacnEparTcolBMTrotalusacnEralunarGparTMTtfraenil/052,1$-008$htiwseiravecirP(dnaairetircngised)noitcelestcudorpfoesahcruPtnempiuqEnoitallatsnIthgierFlotsiPelfiRtohs(nugtohS)sgulsdnaerasparttellubehTmumixamrofdetcurtsnocmumunimhtiwnoitnetertellubtellubehT.tsocdnaecapsetanimileyllautrivspart.daelenrobriadnatehcocirgnitoohsecivreslluFmorfredivorpegnarotgnireenignednangiseddnanoitcurtsnoc.ecnanetniamhtiwsparttliub-motsuCrebburdetnetapevisulcxe.ygolonhcetegnaRegavaSsmetsyS1007-865)314(:tcatnoCrekcurDnaoJmoc.spartliansLIANSehTMTparT:spartfosepytowT:teWlotsiPtfraenil/052,2$:yrDlotsiPtfraenil/051,2$:teWelfiRtfraenil/004,2$:yrDelfiRtfraenil/003,2$foesahcruPtnempiuqEgnippihSnoitallatsnIelfiRlac05.otpu()GMBlotsiPdengisedsipartLIANSehTecnartneelgnawolhtiwotnitellubehtediugotspmarnoitarelecedralucricehtehtgnirracstuohtiwrebmahcfollasesoltellubehT.etalprebmahcehtniygrenestinoitcellocaotnisporddnaretawfoesuehT.metsysehtsniatnocliocitehtnysdna,tsuddnasetalucitrapdaelehtnonoitcirfseziminimdna.setalpdnaroodnirofegasU.segnarroodtuohtiwdedivorpeboslanaCtahtmetsysecnayevnocaelgnisaottellubehtspord-55,.g.e(tniopnoitcelloc.gnilcycerrof)murdnollagmetsysecnanetniam-woL Appendix A - Page A-9 BMP for Lead at Outdoor Shooting Ranges Bullet Trap Manufacturers Con’t.1 1EPA does not endorse any particular bullet containment device or product. Information on this table is offered toreaders for a general understanding of some common bullet trap options and is based on vendor marketing literature.parTtelluBrerutcafunaMsngiseDelbaliavAfotsoCdetamitsEparTecirPsedulcnInidedulcnItoNecirPegasUparTfonoitpircseDstnemmoClareneG,CBEppatSdetaroprocnI3229-932)307(:tcatnoC,ikswoksiCttaM.E.PdaoRxO1018,noitatSxafriaF93022AV:xaF4229-932)307(moc.rehctactellubtelluBPPATSrehctaCcificepsybseiraVderusaem(ngised)tooferauqsybfoesahcruPtnempiuqEnoitallatsnIyrevileD)thgierF(&lotsiPelfiRroftseb(srebilacotpu)mm21naCeldnahdetekcajsdnuordnasrecartrehctactellubPPATSehTrebburmottobafognitsisnoc(rebbur,riovreserepipniard,renilforeyalrevocdna,llifelunargynadnadaelstcelloc)rebbur.ffonurtuohtiwretawgnitartlifnirevodetcurtsnocsimetsysehTebnacdnamrebnehtraenaegnarynaotdeifidomeraselitcejorP.noitarugifnocehtybdetcellocyletelpmoclaminimhtiwrehctactellubgnidnuorrusehT.noitatnemgarfnevefoorp-tehcocirsierutcurtsemertxetsomehtrednu.serutarepmet.detpadaetiserasngiseDybdemrofrepebnacnoitamalceR.lennosrepegnarybroCBEppatS:liamEten.nozirev@crt-ikswoksicm Appendix A - Page A-10 BMP for Lead at Outdoor Shooting Ranges Bullet Trap Manufacturers Con’t.1 1EPA does not endorse any particular bullet containment device or product. Information on this table is offered toreaders for a general understanding of some common bullet trap options and is based on vendor marketing literature.parTtelluBrerutcafunaMsngiseDelbaliavAfotsoCdetamitsEparTecirPsedulcnIdedulcnItoNecirPniparTfoegasUnoitpircseDstnemmoClareneG.cnIparTrepuS0449-637)159(:tcatnoC,nesnarFtrA.D.S.A.L,deriteRtSecremmoC106108829AC,anoroC:xaF0549-637)159(:liamEmoc.partrepus@ofnimoc.partrepusroC-leGMT-eriF,AssalCrebbuRdetaRsparTtelluBRIxILEMTgnitoohSlacitcaTsegnaRparTrepuS®egnaRspotskcaBNOCAS®retemireP,sllaW,seitilicaFseliT&skcolBot025$xorppAtoofraenilrep006,1$,ngisedybseiraV:gnidulcniroodni-roodtuo-noitadnuof-partfohtdiw-foesahcruPtnempiuqEnoitallatsnIgniniarTgnippihSlliwecirP(nodneped)noitanitsedlotsiP&elfiRdnaotpu(05.gnidulcni)lacnuGenihcaMgnicreiPromrA&recarTyraidnecnInoitinummA:oslA&elbignarFnetsgnuT&lanoitidarTlacitcaTgnitoohSlacitcatnisezilaicepsITSgnirifehT.segnargnitoohsdnaserutpacmetsysegnar,elohwstellubsniatnocralunarg,detaertagnisudelcycerfoaidemcitsillab-eneryts(RBSerupfoeerf,)rebbureneidatubrebifdnaleetslladluoctahtstnanimatnocotserifwollayllamron.etingi01sierutcurtsarfniehTdnaleetsdezinavlageguagelffabnoitcelfed/reppohehtelfirleets005RA”8/3si).roodtuodnaroodni(detarehT:segnaRroodtuOseilyllacipytesabpotskcabehttamrebdedarganoelgnaetairporppadnaresuehtybdenimreted.ffatsITSNOCAS®stellubbrosbanacdaeltneverpdnagnicalper,noitanimatnockcirb,sgol,seitdaorliaretercnocdnasllaw.segnargnirifnoserusolcnesmetsysparttellubs’ITSsuodrazahsetanimilenoitanimatnocslairetam,)mpp1wolebstsetPLCT(gnitneverpotnoitiddani-hsalpsdaeldnastehcocir.kcabsinoitamalceRretfadednemmocerot000,001yletamixorppatf4repsdnuor000,031foepytnodesab,enaldnanoitisopretoohscitats(yrtegratfotuoyaldaeL).cimanyd.svdemrofrepsinoitamalcerriamuucavagnisumetsysrotarapesytisnedsiaidemrebburdna.desuerylsuounitnocrebburdelcycerfoesUyampartehtniaidemegnarehtyfilauqtnargroftnemevorpmilanoigertcatnoC.gnidnufrofsnoitaicossagnilcycer.noitamrofnieromxisnahteromsreffoITSlacitcaTfosnoisrevllewsa,segnaRgnitoohS.sparttliubmotsucsa Appendix B - Page B-1 BMP for Lead at Outdoor Shooting Ranges Another method of preventing lead contamination at pistol, rifle, trap, skeet, or sporting clays ranges is to use less toxic or non-lead ammunition. Much progress has been made in the development of alternatives to lead shot for hunting uses. Information gathered since 1976 on lead poisoning of endangered and non- endangered migratory birds due to lead shot ingestion led the United States Fish and Wildlife Service (USFWS) to consider several alternatives to eliminate lead poisoning among migratory waterfowl birds. A ban on lead shot for water fowl hunting was phased in beginning in 1986 and finalized in 1991. Lead shot is also now banned for shotgun hunting occurring near wetlands in national wildlife refuges. Starting in the fall of 1998, the USFWS banned the use of lead shot in waterfowl production areas. Additionally, many state- managed hunting areas require non-toxic shot for upland/small game hunting. There are several alternatives to lead shot on the market today and still more alternatives are being developed. Before being used for waterfowl hunting, these alternatives must be approved by the USFWS. Bismuth, steel, tungsten/iron, and tungsten/polymer shots have been approved by the USFWS and additional alternative shot materials are in the USFWS approval process. Most of the ammunition manufacturers in the United States, as well as the military, have developed non-toxic alternatives to lead. Research in Europe may also result in additional non-toxic shot alternatives from which U.S. shooters may choose in the future. The following pages compare lead shot to non-toxic, alternative shot. Appendix B: Lead Shot Alternatives Appendix B - Page B-2 BMP for Lead at Outdoor Shooting Ranges Summary of Lead Shot Alternatives†† Product reference within this table is not an endorsement by EPA.* Approved by USFWS for migratory waterfowl hunting.1 Costs will vary from store to store and were valid at the time of manual development.lairetaMtohSlairetaMtohSlairetaMtohSlairetaMtohSlairetaMtohS52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppAxoBdnuoRxoBdnuoRxoBdnuoRxoBdnuoRxoBdnuoR11111ecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBytilibaliavAytilibaliavAytilibaliavAytilibaliavAytilibaliavAstnemmoCstnemmoCstnemmoCstnemmoCstnemmoCdaeLdaeLdaeLdaeLdaeLxob/00.5$dedaolerfoxob/00.4$-00.3$sllehssevitanretlallahcihwotdradnatSderapmoceraelbaliavaylidaeRelbaellamdnayvaehsidaeL*htumsiB*htumsiB*htumsiB*htumsiB*htumsiB/htumsiB%79nit%3nidekcaperasllehshtumsiB-00.51$@sexobdnuor01xobdnuor01/00.52$daelotralimiSdlrowdetimiLhtumsibfoylppusdlogdnadaelfotcudorpybasihtumsiB,sesuynamyltnerruceraerehT.gninim,)lomsiB-otpeP(enicidem:gnidulcni.tohsnugtohsdna,stnemgip,scitemsoceromhtumsibsekamnitfonoitiddaehT.ytilibignarfsecuderdnaelbaellamredloniesuotefassitohshtumsiB.smraerif Appendix B - Page B-3 BMP for Lead at Outdoor Shooting Ranges Summary of Lead Shot Alternatives – Continued†† Product reference within this table is not an endorsement by EPA.* Approved by USFWS for migratory waterfowl hunting.1 Costs will vary from store to store and were valid at the time of manual development.lairetaMtohSreptsoCetamixorppAxoBdnuoR521ecnamrofrePcitsillaBytilibaliavAstnemmoCleetS*xob/59.21$-00.8$dedaolerfoxob/00.6$sllehs-reppoc(xob/00.51$)detalpehtybecnamrofreptsetnInaciremAhtroNevitarepooCmargorPnoitacudEnugtohSon,snoitautisgnitnuhni)PESNOC(dnuoferewsecnereffidtnacifingistatohsleetsdnadaelneewtebsidaeL.secnatsidelbanosaer.segnarregnoltaevitceffeerommorfelbaliavaylidaeRdnacitsemodhtob.secruosdetropminehtrethgil%33tuobasitohsleetSyticolevlaitinieht,eroferehT.daelegnarnwodtahtosdesaercniebtsumnI.ralimissniamerygrenetelleperoferehtdna,regral,snoitautisgnitnuhweF.desusitohsleets,reivaehtohsleetswollasnoititepmocgnitoohssirebmunehttub,tniopsihtta.gnisaercni,elbaliavaerasdaoltegratleetselihWlliwleetstahtnoitpecrepretoohsgnirocsdnasnugtceffaylesrevdanirotcafgnitimilehtebotsmeestegratroftohsleetsfoecnatpecca.gnitoohsrewenegamadtonlliwtohsleetSnieglubgniresuacyamtub,snugsiekohcthgityrevafisnugredloneebsahmelborpsihT.desuehthtiwsnugrewenehtnidevloser.sekohcni-wercsfoesu Appendix B - Page B-4 BMP for Lead at Outdoor Shooting Ranges Summary of Lead Shot Alternatives – Contiued†† Product reference within this table is not an endorsement by EPA.* Approved by USFWS for migratory waterfowl hunting.1 Costs will vary from store to store and were valid at the time of manual development.lairetaMtohSlairetaMtohSlairetaMtohSlairetaMtohSlairetaMtohS52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppAxoBdnuoRxoBdnuoRxoBdnuoRxoBdnuoRxoBdnuoR11111ecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBytilibaliavAytilibaliavAytilibaliavAytilibaliavAytilibaliavAstnemmoCstnemmoCstnemmoCstnemmoCstnemmoCleetSleetSleetSleetSleetS*****).tnoc().tnoc().tnoc().tnoc().tnoc(.ytefassitohsleetshtiwnrecnocrehtonAelbaellamsselhcumsileetsesuaceBfitehcocirotylekilsitohsleets,daelnehtno,tohsdaeL.drahgnihtemossekirtsti.nettalfdnamrofedlliw,dnahrehtoehtrofdennabsitohsleets,eporuEnIemocebnactiesuacebgnitnuhnitohsleetsehT.seertnideddebmeegamadesuacnacrebmulroftucseertsnrecnocesiardnatnempiuqellimwasot.ytefasrekrowtuoba,dedaolerebnactohsleetshguohtlA.elbaliavaylidaertonerastnenopmocnorI/netsgnuT*/netsgnut%04nori%06nori/netsgnut(xob/05.26$01nidekcaperastohs01/00.52$@sexobdnuor)xobdnuortahtetacidnistroperyranimilerPsaevitceffesasitohsnori/netsgnutfotnuomaeht,revewoH.tohsdaelyltnacifingissiegdirtrachcaenitohssegdirtracdaellacipytninehtsselytisnedehT.segdirtracleetsnevero.daelfotaht%49sinori/netsgnutfoelbaliavaylidaeRelbaliavayltnerructohsnori/netsgnutehT,erofereht,dluowtI.leetsnahtredrahsi.snugredlootegamadralimisesuac Appendix B - Page B-5 BMP for Lead at Outdoor Shooting Ranges Summary of Lead Shot Alternatives – Continued††Product reference within this table is not an endorsement by EPA.1Costs will vary from store to store and were valid at the time of manual development.lairetaMtohSreptsoCetamixorppAxoBdnuoR521ecnamrofrePcitsillaBytilibaliavAstnemmoC/netsgnuTremylop*srerutcafunamsuoiraVlanifdeviecerevahSWFSUehtmorflavorppafoepytsihttekramot.tohsteyelbaliavatoNnori/netsgnutotelbarapmoCelbaliavatonyltnerruCerasrerutcafunamnoitinummaowTremylop/netsgnutgnicudorpyltnerrucnahtelbaellameromsitohssihT.tohs,dluowdnayollanori/netsgnutehtotgnigamadsseleb,erofereht.snugtohsynapmoctnempoleveddnahcraeserAremylop/netsgnutadepolevedsahstillanidaelrofetutitsbusasalairetamsti,ynapmocsihtotgnidroccA.sesuotdetalumrofebnacremylop/netsgnutehtnognidneped,ffitsroelbixelfebneebsahlairetamsihT.noitacilppa,selitcejorpniymrASUehtybdetseterutcafunamotdesuneebtonsahtubsahynapmoceht,revewoH.tohsehtotgniylppafossecorpehtdetaitinisalairetamsihtfolavorpparofSWFSU.tohscixot-non Appendix B - Page B-6 BMP for Lead at Outdoor Shooting Ranges Summary of Lead Shot Alternatives – Continued†Other materials that are currently being experimented with as alternatives to lead are molybdenum and zinc. Not enough informationis available to have included these alternatives in the above table.† Product reference within this table is not an endorsement by EPA.lairetaMtohSlairetaMtohSlairetaMtohSlairetaMtohSlairetaMtohS52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppA52reptsoCetamixorppAxoBdnuoRxoBdnuoRxoBdnuoRxoBdnuoRxoBdnuoR11111ecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBecnamrofrePcitsillaBytilibaliavAytilibaliavAytilibaliavAytilibaliavAytilibaliavAstnemmoCstnemmoCstnemmoCstnemmoCstnemmoCleets/netsgnuTleets/netsgnuTleets/netsgnuTleets/netsgnuTleets/netsgnuTnorI/netsgnutsaemaSniTniTniTniTniTyraropmetdetnargSWFSU0002-9991roflavorppanosaesgnitnuhteyelbaliavatoNsadepolevedgniebtsujsinitecniSecnamrofrep,daelotevitanretlana.elbaliavateytonsinoitamrofnisinitfoytisnedehtecnis,revewoHebyamecnamrofrep,leetsnahtssel.leetsnahtevitceffesselelbaliavatonyltnerruCsadepolevedgniebtsujsilairetamsihTsahti,revewoH.evitanretlatohsdaelasititahtnileetssasmelborpralimis.daelnehtrethgiletutitsnIhcraeseRniTlanoitanretnIehT.tcudorpsihtgnipolevedsidnalgneni Appendix B - Page B-7 BMP for Lead at Outdoor Shooting Ranges Summary of Lead Shot Alternatives - Conclusions The table clearly illustrates that a number of non-toxic alternatives to lead shot exist such as steel and tungsten as well as alloys and synthetic polymers. As demand for shot from these metals increases from migratory waterfowl hunters, it is anticipated that the costs will come down. However, alternatives currently cost approximately two to twenty times more than lead shot. The ban on lead shot in hunting situations impacts target shooting. The alternatives to lead shot that are now being developed for or are already approved by the USFWS for migratory bird hunting could be considered for use by target shooters. Although alternatives to lead shot are now being used by hunters, it is rare that the alterna- tives are used by target shooters. The limiting factors appear to be the expense and perfor- mance. All the alternatives to lead are much more expensive, some prohibitively. Unfortu- nately, the least expensive alternative, steel, is also perceived to be less effective. To encourage use of lead shot alternatives, some ranges sponsor shooting competitions using lead-free ammunition, but these are rare. The use of steel or other alternative shot is a recommended BMP in established sporting clays areas at which reclamation of lead shot is difficult to impossible. Note: Switching to non-toxic shot may create additional issues. For instance, steel has an increased risk of ricochet. Switching to steel may require additional safety features and/or operating procedures. Appendix B - Page B-8 BMP for Lead at Outdoor Shooting Ranges This page intentionally left blank Appendix C - Page C-1 BMP for Lead at Outdoor Shooting Ranges The bullet containment designs in this appendix are sample designs for the containment systems mentioned in this manual. Design systems may vary from different manufacturers. Reference to various individual bullet containment devices is included in this manual for informational purposes only. EPA does not endorse any particular bullet containment device, design, or product. Rubber Granule Trap (Adapted from: Bullet Trap Feasibility Assessment and Implementation Plan: Technology Identification Final Report, U.S. Army Environmental Center, March 1996) Appendix C: Sample Bullet Containment Devices Sand Trap Target Sand Direction of Fire Bullets impact and are contained in the sand Appendix C - Page C-2 BMP for Lead at Outdoor Shooting Ranges Escalator Trap (Adapted from: Bullet Trap Technologies, Action Target Educational Video Series) Gel-Cor Bullet TrapTM (Provided by Super Trap, Inc.) Appendix C - Page C-3 BMP for Lead at Outdoor Shooting Ranges Vertical Swirl Trap (Adapted from: Bullet Trap Feasibility Assessment and Implementation Plan: Technology Identification Final Report, U.S. Army Environmental Center, March 1996) Wet Passive Trap (Adapted from: Bullet Trap Feasibility Assessment and Implementation Plan: Technology Identification Final Report, U.S. Army Environmental Center, March 1996) Pitt and Plate (Adapted from: Bullet Trap Feasibility Assessment and Implementation Plan: Technology Identification Final Report, U.S. Army Environmental Center, March 1996) Appendix C - Page C-4 BMP for Lead at Outdoor Shooting Ranges Lamella Trap (Adapted from: Bullet Trap Feasibility Assessment and Implementation Plan: Technology Identification Final Report, U.S. Army Environmental Center, March 1996) Steel Bullet Trap (Adapted from: Bullet Trap Technologies, Action Target Educational Video Series) Appendix D - Page D-1 BMP for Lead at Outdoor Shooting Ranges Appendix D: RCRA Regulatory Requirements and Interpretations Timely separation of lead shot and bullets from soil at active ranges, recycling of the lead, and subsequent redeposition of the soil on the active range is exempt from RCRA regula- tion. 1. Reclaiming and Recycling Lead Shot EPA’s Office of Solid Waste issued guidance in 1997 indicating that lead shot, when recycled, is considered a scrap metal and is therefore exempt from RCRA regulation. A copy of the March 17, 1997 letter with this guidance is attached. Under the RCRA Subtitle C hazardous waste management regulations, lead shot would be considered scrap metal, which is exempt from hazardous waste regulations if it is recycled (see 40 CFR 261.6(a)(3)(ii)). Although storage of scrap metal being recycled is not affected by specific time limits such as the speculative accumulation provision (40 CFR 261.1(b)(8)), the scrap metal must legitimately be recycled to remain exempt under this provision. It should also be noted that lead shot may be subject to the authority of RCRA 7003, which addresses imminent hazards. However, use of best management practices is likely to prevent situations which would present an imminent hazard. Using such practices, together with following a clear, written policy governing the facility’s recycling efforts, should also assist in assuring that the facility’s practices can be demonstrated to be legitimate recycling. 2. Storage of Lead on Shooting Ranges Prior to Recycling Some ranges have indicated that it may be desirable to store recovered lead shot and bullets on the range property for some periods of time prior to sale for recycling. Provided that best management practices are followed in terms of storing and recycling the sorted lead, a range that follows such practices, and engages in legitimate recycling, should be able to store such material prior to recycling without RCRA regulatory controls (see discussion below). Best practices would suggest that the sorted lead, at a minimum, should not be exposed to the elements and should be managed so as to prevent releases to the environment. Best practices also indicate that the sorted lead should be stored in containers in good condition, regular inspections of the container condition should be conducted, and the records of inspections should be maintained and be readily available. Further, best practices also suggest that the sorted lead should be recycled in a timely manner and storage times should not exceed the time-frames or goals articulated in a clear, written policy. Appendix D - Page D-2 BMP for Lead at Outdoor Shooting Ranges 3. Placement of Soil After Removal of Lead For soil placed back on an active range after a BMP has been applied to remove the lead, the following regulatory approach has been followed. On February 12, 1997, EPA published the RCRA Subtitle C Military Munitions Rule in the Federal Register (62 Fed. Reg. 6621). The Military Munitions Rule considers range management to be a necessary part of the safe use of munitions for their intended purpose. Thus, the range clearance activity (recovery of lead shot and bullets) is an intrinsic part of the range operation. Therefore, the rule excludes range clearance activities (including the placement of soil back on the range) from RCRA Subtitle C regulation. Although the Military Munitions Rule did not apply to non-military ranges, EPA, in its response to comments on the proposed rule, clearly stated that “it felt that the ‘range clearance’ interpretation in the final Military Munitions Rule is consistent with the EPA’s interpretations for non-military ranges.” In addition, the EPA’s Director of the Office of Solid Waste sent the New York State Department of Environmental Conservation a letter dated April 29,1997, confirming that the Military Munitions Rule range clearance principles apply equally to non-military ranges. A copy of the letter is attached. 4. Relocation of Backstop and Shotfall Zone Soil Some ranges have indicated to the EPA that it may be desirable to transport and/or relocate a backstop in order to reorient or modify their range. This may occur when there is a need to reorient the range due to environmental concerns (e.g., shooting over water (wetland, stream, pond) or excessive runoff), alter the layout to improve shooter safety, or redesign to modify shooting conditions (e.g., adjusting number of shooting positions, increasing or decreasing target distance.) In some cases backstop material would not be moved off the range property, but to another area on the range property. EPA’s position is that range backstop materials are part of the range and are not wastes when they are moved or relocated, as long as the range continues to be used as a range and the backstop materials continue to be used as backstop materials. Hence, backstop materials that are still in use are not subject to the RCRA hazardous waste management regulations and need not be tested for hazardous waste characteristics. However, removal of lead from backstop materials that are to be relocated or moved is a normal practice of good range management in that it extends the usable life of the materials and reduces the possibility of releases of lead into the environment. If lead removal does not occur before moving the backstop material, the lead will become more dispersed throughout the material during movement and will thus be more difficult to recover in future reclamation events. As a range management practice, it is environmentally preferable to use soil that may already contain lead and is on an active portion of the range, which will therefore undergo regular lead reclamation in the future, than to leave such soil in place and construct a new backstop with lead-free soil. Records of all movements of berm and shotfall zone soils, along with corresponding site plans, should be maintained indefinitely, as they will be necessary in evaluating cleanup needs during subsequent construction or range closure. Appendix D - Page D-3 BMP for Lead at Outdoor Shooting Ranges UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 March 17, 1997 Mr. Duncan Campbell Environmental Protection Agency, Region V RCRA Enforcement 77 West Jackson Boulevard Chicago, Illinois 60604-3507 Dear Mr. Campbell: Enclosed please find a memorandum on the regulatory status of lead shot, which includes a general discussion on the regulatory status of lead shot as scrap metal. I hope that this information is sufficient to address your specific concerns as they relate to the pile of lead shot at the Saxon Metals facility. If you have any questions or would like to discuss this matter further, please contact me at (703) 308-8826. Sincerely, Jeffery S. Hannapel Office of Solid Waste Enclosure To: Duncan Campbell, EPA Region V From: Jeff Hannapel, EPA Office of Solid Waste Date: March 13, 1997 Re: Regulatory Status of Lead Shot Based on our conversations, it is my understanding that Saxon Metals received for recycling a shipment of approximately 30,000 pounds of lead shot from a commercial indoor shooting range. Smokeless gun powder is, presumably, commingled with the lead shot. The mixture appears to exhibit the ignitability characteristic of hazardous waste (as evidenced by the incident in which the material ignited when Saxon Metals was attempting to load it into the furnace with a front-end loader). You have asked our office to provide you with guidance on the regulatory status of the lead shot portion of the mixture, specifically whether it is consid- ered a spent material or scrap metal. The Agency has taken the position that the discharge of ammunition or lead shot does not constitute hazardous waste disposal because the Agency does not consider the rounds from the weapons to be “discarded.” As you know, discard is a necessary criterion to be met Appendix D - Page D-4 BMP for Lead at Outdoor Shooting Ranges before a material can be considered a solid waste and subsequently a hazardous waste. (40 CFR §261.2(a).) The Agency’s interpretation regarding discard is based on the fact that shooting is in the normal and expected use pattern of the manufactured product, i.e., the lead shot. Enclosed for your information is a September 6, 1988 letter from EPA to IDEM on this particular point. In the federal regulations, the term, “scrap metal,” is defined as “bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.” (40 C.F.R. §261.1.) In the Federal Register preamble for the final regulations on the definition of solid waste, EPA indicated that “scrap metal is defined as products made of metal that become worn out (or are off-specification) and are recycled to recover their metal content, or metal pieces that are generated from machine operations (i.e., turnings, stampings, etc.) which are recycled to recover metal.” (50 Fed. Reg. 614, 624 (1985).) The lead shot portion of the Saxon Metals pile would be considered scrap metal pursuant to the regulatory definition of scrap metal. EPA provided further clarification on the regulatory status of scrap metal in the Federal Register preamble to the definition of solid waste final regulations: [a]t proposal, scrap metal that was generated as a result of use by consumers (copper wire scrap, for example) was defined as a spent material. (This type of scrap is usually referred to as “obsolete scrap.”) Scrap from metal processing, on the other hand (such as turnings from machining operations) was defined as a by-product. (It is usually called “prompt scrap.”) Yet the scrap metal in both cases is physically identical (i.e., the composition and hazard of both by-product and spent scrap is essentially the same) and, when recycled is recycled in the same way - by being utilized for metal recovery (generally in a secondary smelting operation). In light of the physical similarity and identical means of recycling of prompt scrap and obsolete scrap, the Agency has determined that all scrap metal should be classified the same way for regulatory purposes. Rather than squeeze scrap metal into either the spent material or by-product category, we have placed it in its own category. (50 Fed. Reg. at p. 624) Based on these regulatory passages, the lead shot portion of the pile would be considered scrap metal, and not a spent material. The lead shot is a product that is made of metal that can be recycled to recover metal content. Furthermore, the lead shot has not been “discarded” by virtue of its discharge at the shooting range, because the discharge is within the normal and expected use pattern of the manufactured product. Ac- cordingly, lead shot would be considered scrap metal for regulatory purposes. Scrap metal is a solid waste, but it is exempt from the regulatory requirements of Subtitle C when it is recycled. (40 C.F.R. §261.6(a)(3)(ii).) As part of the Phase IV land disposal restrictions supplemental rulemaking (which was proposed January 25, 1996 and is expected to be finalized in April 1997), processed scrap metal and two categories of unprocessed scrap metal that is being recycled would be excluded from RCRA jurisdiction. Appendix D - Page D-5 BMP for Lead at Outdoor Shooting Ranges Please note that this discussion of the regulatory status is limited to the lead shot portion of the pile as you requested. To the extent that the entire pile exhibits the ignitability or reactive characteristic of hazardous waste, the mixture of materials would be considered hazardous waste and not scrap metal. The scrap metal designation for the lead shot would be appli- cable only to the extent that the lead shot could be segregated from the other materials in the pile. I hope that this guidance on the regulatory status of lead shot recovered from shooting ranges provides you with the clarification that you needed. If you have any questions or would like to discuss this matter further, please contact me. Appendix D - Page D-6 BMP for Lead at Outdoor Shooting Ranges This page intentionally left blank Appendix D - Page D-7 BMP for Lead at Outdoor Shooting Ranges UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 APR 29 1997 Mr. John P.Cahill Acting Commissioner State of New York Department of Environmental Conservation Albany, New York 12233-1010 Dear Mr. Cahill: Thank you for your letter of April 3, 1997 to Administrator Browner requesting a clarification of the Environmental Protection Agency (EPA) Final Military Munitions Rule regarding the extension of its range clearance principles to non-military ranges. Although the final rule addresses only military ranges, we agree with your view that the range clear- ance principles apply equally to non-military ranges [see comment no. 5 on page 36 of the enclosed excerpt from the Military Munitions Final Rule Response to Comments Back- ground Document]. We are aware of the State of New York’s active leadership role in the clean-up of private firing ranges. We appreciate your writing in support of the range clearance aspects of the final Military Munitions Rule and we will consider your suggestions that we issue broader guidance on the applicability of its principles to non-military ranges. Sincerely yours, Elizabeth Cotsworth, Acting Director Office of Solid Waste Enclosure This page intentionally left blank Appendix E - Page E-1 BMP for Lead at Outdoor Shooting Ranges Appendix E: Template for an Environmental Stewardship Plan for Management of Lead Shot/Bullets Instructions EPA encourages outdoor shooting ranges to adopt and implement the Best Management Practices (BMPs) found in this manual. To this end, it is recommended that ranges first prepare an Environmental Stewardship Plan (ESP or Plan), which gathers information about, and guides evaluation of, site specific conditions of each range. As such, the ESP assists in selection of appropriate BMPs. This document serves as a template that may be used by sportsmen’s clubs and shooting ranges in their preparation of an ESP. This template was adapted from Appendix C of the National Shooting Sports Foundation’s manual, Environmental Aspects of Construction and Management of Outdoor Shooting Ranges (the NSSF manual.) This template is only a tool to assist in making ESP preparation easier and can, and in some cases should, be modified to incorporate specific information relative to your club and its ranges. It is intended to be used in conjunction with a full understanding of the NSSF, U.S. Environmental Protection Agency (EPA) and, for ranges in Florida, Florida Department of Environmental Protection (DEP) manuals for the safe management of lead at outdoor shooting ranges. This template is intended to encourage ranges to prepare ESPs and submit them to EPA or NSSF to obtain a Certificate of Recognition from EPA. In this regard, either the following template or the NSSF template is recommended for use in conjunction with EPA’s Certificate of Recognition program. An electronic copy of this template is available on EPA’s shooting range website (http://www.epa.gov/region2/leadshot) in several formats. Disclaimer: This template does not serve as a substitute for understanding the concepts and techniques discussed in the EPA manual or other manuals. This template is not to be used as a substitute for consultation with scientists, engineers, attorneys, other professionals, or U.S. EPA. Appendix E - Page E-2 BMP for Lead at Outdoor Shooting Ranges This page intentionally left blank Appendix E - Page E-3 BMP for Lead at Outdoor Shooting Ranges Environmental Stewardship Plan for Management of Lead/Bullets at Outdoor Shooting Ranges Club Name Address City/Town, State & Zip Code Phone #: Date Appendix E - Page E-4 BMP for Lead at Outdoor Shooting Ranges Table of Contents ❑Introduction •Mission Statement •Purpose •Goal •Delete ❑Site Assessment •Description of Ranges and Support Facilities •Existing Environmental Conditions - Trap and Skeet Fields - Sporting Clays Course - Rifle and Black Powder Range(s) - Outdoor Handgun Range(s) ❑Trap and Skeet Fields •Action Plan - Potential Management Options - Selection of Management Options to be Implemented - Options Selected a) Management Actions b) Operational Actions c) Construction Actions •Plan Implementation - Schedule for Implementation - Responsibilities ❑Rifle, Black Powder, and Outdoor Handgun Ranges •Action Plan - Potential Management Options………………………………... - Selection of Management Options to be Implemented………... - Options Selected………………………………………………. a) Management Actions…………………………………………... b) Operational Actions……………………………………………. c) Construction Actions…………………………………………... •Plan Implementation……………………………………………………….. - Schedule for Implementation………………………………………. - Responsibilities…………………………………………………….. Appendix E - Page E-5 BMP for Lead at Outdoor Shooting Ranges Table of Contents (continued) ❑Sporting Clays Course……………………………………………………………. •Action Plan…………………………………………………………………. - Potential Management Options………………………………... - Selection of Management Options to be Implemented………... - Options Selected………………………………………………. a) Management Actions……………………………………... b) Operational Actions………………………………………. c) Construction Actions……………………………………... •Plan Implementation……………………………………………………….. - Schedule for Implementation………………………………………. - Responsibilities…………………………………………………….. ❑Measuring Success………………………………………………………………... •Vegetation………………………………………………………………….. •Soil and Runoff pH………………………………………………………… •Erosion……………………………………………………………………... ❑Plan Review and Revisions……………………………………………………… Figures Figure 1: Site Location Map Figure 2: Facilities Diagram (Additional figures, as appropriate) Tables Table 1: Table 2: Appendices Appendix A: Appendix B: (Additional Appendices, as appropriate) Appendix E - Page E-6 BMP for Lead at Outdoor Shooting Ranges Introduction The XYZ Club, Inc. is located at 123 X Road in Anytown, USA… Mission Statement The XYZ Club, Inc. is committed to… - Purpose: The Purpose of this Environmental Stewardship Plan (i.e., the Plan) is to: •Identify potential environmental concerns that may exist; •Identify, evaluate, and prioritize appropriate actions to manage lead shot and bullets safely, as well as identifying and addressing environmental concerns; •List short- and long-term steps needed for implementation; •Develop an implementation schedule; •Identify ways to measure the Plan’s success; •Evaluate annual progress made towards achieving environmental stewardship goals; •etc. - Goal – To minimize the release of lead into the environment. Activities to Reach Goal: Examples include: Avoid shooting over and into water and wetlands. Prevent off-site migration of lead through groundwater and surface water runoff. Conduct lead recovery. Discourage ingestion of lead by wildlife. Maintain soil pH between 6.5 and 8.5 in the shotfall zone. Site Assessment Description of Ranges and Support Facilities The XYZ Club has an x position Trap Range, a y position Skeet Range, a z position Sporting Clays Course, and a q position Small Arms Range. These ranges are located in a rural setting and are oriented away from residential areas and surface water bodies. [Briefly describe each range, its dimensions, orientation, vegetative cover, numbers of shooters and targets used per year, wildlife usage, etc.] Existing Environmental Conditions [Describe any known environmental conditions associated with the ranges. This might include type of soil, depth to groundwater, soil pH, drainage to surface water, unique animal or bird populations, etc. Refer to figures, tables, the results of surveys, inspections, professional opinions, etc.] Appendix E - Page E-7 BMP for Lead at Outdoor Shooting Ranges - Trap and Skeet Fields - Sporting Clays Course - Rifle and Black Powder Range(s) - Outdoor Handgun Range(s) Trap and Skeet Fields Action Plan [Briefly describe the management options selected.] - Potentially Applicable Management Options [See EPA or NSSF guidance manual for full listing of options] Examples include: - Vegetate sparse grass area of trap/skeet field. - Reorient trap field to avoid lead shot entering wetlands. - Reorient sporting clays stations to maximize the overlap of falling shot into the open field where it can be more easily recovered for recycling. - Limit use of the trap/skeet range to only those stations that do not have wetland area within the shotfall zone. - Apply lime to shotfall zones if soil test results indicate this would be beneficial. - Prepare fields for lead reclamation. - Get bids for lead reclamation project. - Conduct lead reclamation within the trap/skeet shotfall zones. - Change mowing frequency to closely mow grass in shotfall zones. - Construct lean-tos at backstop berms. - Construct a lime lined drainage swale for stormwater management. - List additional Best Management Practices that may be appropriate to your club. In addition to appropriate site-specific management options, the list should always include conduct- ing lead reclamation within the berm for rifle and pistol ranges and conducting lead reclamation within the trap, skeet, and sporting clays shotfall zones. - Selection of Management Options to be Implemented Option x: Option y: Option z: [Describe why the above options were selected and the general roles of club officers, the member- ship, and outside consultants, as applicable, in implementation.] Appendix E - Page E-8 BMP for Lead at Outdoor Shooting Ranges In order to implement the options selected, the following actions are necessary. a) Management Actions: [Examples include: assign personnel responsible for initiating, conducting, and completing the alternatives selected above.] b) Operational Actions: [Examples include: collect soil samples for pH analysis, consult with USDA’s Natural Resources Conservation Service and/or the county Cooperative Extension Service regarding best suited vegetative management recommendations.] c) Construction Actions: [Examples include: do site preparation work, get bids, institute mowing and vegetative management recommendations, reorient shooting position as appropriate.] Plan Implementation - Schedule for Implementation Winter/Spring: [Examples include: pH survey, contact local officials for vegetation management recommendations, reorient shooting positions as appropriate, realign shooting positions as appropri- ate.] Summer/Fall: [Examples include: prepare site for reclamation project, apply lime/fertilizer/seed, get bids for berm lean-tos/reclamation. As a rule of thumb, 50 pounds of lime per 1,000 square feet should raise soil pH by 1 once the residual acidity is overcome.] - Responsibilities [Specific duties (i.e., the trap/skeet chairman/chairmen will…, The club treasurer will…, The mem- bership will provide the labor to…)] Rifle, Black Powder, and Outdoor Handgun Range(s) Action Plan [Briefly describe the management options selected.] Potentially Applicable Management Options [See EPA or NSSF guidance manual for full listing of options] Examples include: - Culvert the stream through the shooting ranges. - Vegetate the backstop berm(s) to minimize erosion. - Construct a lime lined drainage swale for stormwater management. - Apply lime to the berm and foreground if pH test determines it is necessary. - Begin planning a lead reclamation project. - Construct lean-tos at berms. - List additional Best Management Practices that may be appropriate to your club. Appendix E - Page E-9 BMP for Lead at Outdoor Shooting Ranges Selection of Management Options to be Implemented Option x: Option y: Option z: [Describe why the above options were selected and the general roles of club officers, the member- ship, and outside consultants, as applicable, in implementation.] In order to implement the options selected, the following actions are necessary. a) Management Actions: [examples include: assign personnel responsible for initiating, conducting, and completing the alternatives selected above.] b) Operational Actions: [examples include: collect soil samples for pH analysis, consult with USDA’s Natural Resources Conservation Service and/or the county Service Forester regarding best suited vegetative management recommendations.] c) Construction Actions: [examples include: do site preparation work, get bids, institute mowing and vegetative management recommendations, reorient shooting position as appropriate.] Plan Implementation - Schedule for Implementation Winter/Spring: [examples include: pH survey, contact local officials for vegetation management recommendations, reorient shooting positions as appropriate, realign shooting positions as appropri- ate.] Summer/Fall: [examples include: prepare site for reclamation project, apply lime/fertilizer/seed, get bids for berm lean-tos/reclamation.] - Responsibilities [Specific duties (i.e.: the small arms range chairman/chairmen will…,The club treasurer will…, The membership will provide the labor to…)] Sporting Clays Course Action Plan - Potentially Applicable Management Options [See EPA or NSSF guidance manual for full listing of options] - Selection of Management Options to be Implemented - Options Selected Appendix E - Page E-10 BMP for Lead at Outdoor Shooting Ranges Plan Implementation - Schedule for Implementation - Responsibilities Measuring Success By monitoring the success of the Plan, the club is best prepared to make whatever changes may be necessary to reinforce success and make the most of environmental stewardship efforts. Below are some examples of areas to monitor: Lead Recovery [Document the quantity (pounds) of lead recovered and recycled, along with the cost of conducting the activities.] Vegetation [The density of vegetation growth should be measured throughout the growing season, especially in areas of sparse growth where steps have been taken to increase the vegetative cover. This is can be done by taking periodic photographs (e.g., once a month) from the same places to document the impact of the Plan.] Wildlife [Keep a log of visual observations made regarding the frequency of range usage by the variety of species in your area.] Soil and Runoff pH [Track soil and runoff pH through semiannual monitoring and adjust the amount of lime applied to different areas of the range to maintain a pH level that will prevent lead from dissolving (i.e., a pH of 6.5-8.5).] Erosion [Again, keeping a photographic record of problem areas best prepares your club to document achievements and adjust the Plan as appropriate.] Plan Review and Revisions Review the Plan on an annual basis. Update the Plan as needed and schedule activities for subse- quent years. Make recommendations for future club officers to consider when updating the Plan and designating future activities to be conducted (tell them what worked, what didn’t work, and what still needs to be done.) Appendix E - Page E-11 BMP for Lead at Outdoor Shooting Ranges FIGURES Figure 1 Facility diagrams Figure 2 Resource maps (USGS topographic map, wetlands maps, soil survey maps, FEMA floodplain map, etc.) Figure 3 (Optional) Site photographs Figure 4 (Optional) Aerial photo of range and surrounding area Appendix A (Optional) Appendix B (Optional) Appendix E - Page E-12 BMP for Lead at Outdoor Shooting Ranges [Insert other figures as necessary to support the text] Other figures may include an aerial photograph, and sketches of the Club property in general and/or specific ranges in particular. Example: Appendix E - Page E-13 BMP for Lead at Outdoor Shooting Ranges [Insert Site Location Map Here] Typically, a Site Location Map is cut from a USGS Topographic Map of you Club’s area. The Club should be centered on the map. Indicate the property boundaries and layout of the range. Appendix E - Page E-14 BMP for Lead at Outdoor Shooting Ranges Appendix A Information from USDA, Natural Resources Conservation Service [and/or county Cooperative Extension Service] [concerning soil and vegetation management recommendations] Appendix E - Page E-15 BMP for Lead at Outdoor Shooting Ranges Appendix B (etc.) [For other supporting documentation as needed.] United States Environmental Protection Agency290 BroadwayNew York, NY 10007-1866Official BusinessPenalty for Private Use $300Forwarding and AddressCorrection RequestedEPA-902-B-01-001Revised June 2005FIRST-CLASS MAILU.S. POSTAGEPAIDMAILED FROM ZIP CODE 10007PERMIT NO. G-35U.S. EnvironmentalProtection AgencyRegion 2 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 10 Exhibit 10 National Institute for Occupational Safety and Health (NIOSH) Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges This document is in the public domain and may be freely copied or reprinted. DISCLAIMER The findings and recommendations in this document were developed by the National Institute for Occupational Safety and Health (NIOSH) in its role of conducting re- search and making recommendations to prevent work-related illnesses and injuries. They are designed to protect the health and safety of persons employed at firing ranges, and the health and safety of shooters who use the range in a job-related ca- pacity, such as law enforcement officers or others for whom training in the handling of firearms is a condition or factor of employment. Mention of any company or product does not constitute endorsement by NIOSH. In addition, citations to Web sites external to NIOSH do not constitute NIOSH endorse- ment of the sponsoring organizations or their programs or products. Furthermore, NIOSH is not responsible for the content of these Web sites. ORDERING INFORMATION To receive NIOSH documents or more information about occupational safety and health topics, contact NIOSH at 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DHHS (NIOSH) Publication Number 2009–136 April 2009 Safer • Healthier • People™ Insert Employer Factsheet Preventing Occupational Exposures to Lead and Noise at Indoor Firing Ranges WARNING! Workers at indoor firing ranges may be exposed to hazardous lead concentrations and noise levels. Employers and firing range operators should take the following steps to protect their workers and shooters from exposure to haz- ardous lead concentrations and noise levels at indoor firing ranges: 1. Provide workers and shooters with infor- mation about hazards and appropriate training to prevent hazardous exposures. Provide general information and specific hazard  warnings through workplace postings and tar- geted training programs. State the precautions and hygiene practices re-  quired of the firing range workers and shooters. Train workers and shooters on the actions and  means available to eliminate or limit potential exposures. Inform workers and shooters about symptoms  that may indicate a health problem. Also inform workers that elevated lead levels can occur without overt symptoms and that a blood lead level test should be done if there is concern about an exposure to lead. Inform pregnant workers and shooters, or those  considering pregnancy, about the possible ad- verse health effects to the fetus. 2. Establish effective engineering and administrative controls. If feasible, provide workers with cleaning facilities  and lockers and develop a mandatory washing and hygiene program for shooters and workers to limit personal and take-home contamination. Install a well-designed supply air and exhaust  ventilation system. Maintain and replace air filters regularly.  Design and maintain the firing range structure  to limit the transmission of harmful noise levels to adjacent areas. Incorporate effective administrative controls in the  workers’ schedules to limit their exposure time and ensure safe and clean working conditions. 3. Provide workers and shooters with person- al protective equipment and other protec- tive measures. Provide a variety of hearing protection devices  including earplugs and earmuffs. Provide skin protection, eye protection, and NIOSH  approved respirators for workers involved in clean- ing lead-contaminated surfaces and areas. Provide floor mats, knee pads, and shoe cov-  ers when necessary to limit transfer of lead to clothing. 4. Provide workers with health and medical monitoring. Provide workers with initial and periodic medi-  cal monitoring as required by the OSHA lead standard (29 CFR 1910.25(d)). Best medical management practices, from or-  ganizations such as the Association of Occu- pational and Environmental Clinics or those provided in the journal Environmental Health Perspectives [Kosnett et al. 2007] should be recommended for all lead-exposed adults (workers and shooters). Provide workers with audiometric evaluations  as required by OSHA noise standard (29 CFR 1910.95(d)(e)(g)(h)). For additional information, see NIOSH Alert: Preventing Occupational Expo- sures to Lead and Noise at Indoor Fir- ing Ranges [DHHS (NIOSH) Publication No. 2009–136]. Single copies of the Alert are available free from the following: 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health Preventing Occupational Exposures to Lead and Noise at Indoor Firing Ranges WARNING! Workers at indoor firing ranges may be exposed to hazardous lead concentrations and noise levels. Employers and firing range operators should take the following steps to protect their workers and shooters from exposure to haz- ardous lead concentrations and noise levels at indoor firing ranges: 1. Provide workers and shooters with infor- mation about hazards and appropriate training to prevent hazardous exposures. Provide general information and specific hazard  warnings through workplace postings and tar- geted training programs. State the precautions and hygiene practices re-  quired of the firing range workers and shooters. Train workers and shooters on the actions and  means available to eliminate or limit potential exposures. Inform workers and shooters about symptoms  that may indicate a health problem. Also inform workers that elevated lead levels can occur without overt symptoms and that a blood lead level test should be done if there is concern about an exposure to lead. Inform pregnant workers and shooters, or those  considering pregnancy, about the possible ad- verse health effects to the fetus. 2. Establish effective engineering and administrative controls. If feasible, provide workers with cleaning facilities  and lockers and develop a mandatory washing and hygiene program for shooters and workers to limit personal and take-home contamination. Install a well-designed supply air and exhaust  ventilation system. Maintain and replace air filters regularly.  Design and maintain the firing range structure  to limit the transmission of harmful noise levels to adjacent areas. Incorporate effective administrative controls in the  workers’ schedules to limit their exposure time and ensure safe and clean working conditions. 3. Provide workers and shooters with person- al protective equipment and other protec- tive measures. Provide a variety of hearing protection devices  including earplugs and earmuffs. Provide skin protection, eye protection, and NIOSH  approved respirators for workers involved in clean- ing lead-contaminated surfaces and areas. Provide floor mats, knee pads, and shoe cov-  ers when necessary to limit transfer of lead to clothing. 4. Provide workers with health and medical monitoring. Provide workers with initial and periodic medi-  cal monitoring as required by the OSHA lead standard (29 CFR 1910.25(d)). Best medical management practices, from or-  ganizations such as the Association of Occu- pational and Environmental Clinics or those provided in the journal Environmental Health Perspectives [Kosnett et al. 2007] should be recommended for all lead-exposed adults (workers and shooters). Provide workers with audiometric evaluations  as required by OSHA noise standard (29 CFR 1910.95(d)(e)(g)(h)). For additional information, see NIOSH Alert: Preventing Occupational Expo- sures to Lead and Noise at Indoor Fir- ing Ranges [DHHS (NIOSH) Publication No. 2009–136]. Single copies of the Alert are available free from the following: 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health Insert Worker Factsheet Preventing Occupational Exposures to Lead and Noise at Indoor Firing Ranges WARNING! Workers at indoor firing ranges may be exposed to hazardous lead concentrations and noise levels. Workers should take the following steps to reduce exposure to hazardous lead con- centrations and noise levels at indoor firing ranges: 1. Stay informed. Understand the safety issues and health hazards  associated with lead and noise exposures. Follow safe work practices identified by your  employer or range operator. Participate in all safety training and health  monitoring programs offered by your employer or range operator. 2. Protect yourself. Use double hearing protection (earplugs and  earmuffs) whenever possible. Wear respirators and full protective outer cloth-  ing when performing range maintenance. Wear gloves and eye protection when using  chemicals to clean weapons or firing range sur- faces. 3. Use good work practices and personal hygiene. Wash hands, forearms, and face before eating,  drinking, smoking, or contact with other people. Change clothes and shoes before leaving the  firing range facilities. Wash clothes or uniforms used at the firing  range separately from family’s clothing. 4. Know and report symptoms. Common symptoms of lead poisoning in adults  include nausea, diarrhea, vomiting, poor ap- petite, weight loss, anemia, excess lethargy or hyperactivity, headaches, abdominal pain, and kidney problems. If you suspect you may have been exposed to  lead, even if you have no symptoms, ask about having a blood lead level test done. Exposure to high levels of noise can lead to  hearing loss, tinnitus (ringing in the ear), stress, anxiety, high blood pressure, gastro-intestinal problems, and chronic fatigue. Report any of these symptoms to your employer  or range operator. Seek medical attention when appropriate.  For additional information, see NIOSH Alert: Preventing Occupational Expo- sures to Lead and Noise at Indoor Fir- ing Ranges [DHHS (NIOSH) Publication No. 2009–136]. Single copies of the Alert are available free from the following: 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health Preventing Occupational Exposures to Lead and Noise at Indoor Firing Ranges WARNING! Workers at indoor firing ranges may be exposed to hazardous lead concentrations and noise levels. Workers should take the following steps to reduce exposure to hazardous lead con- centrations and noise levels at indoor firing ranges: 1. Stay informed. Understand the safety issues and health hazards  associated with lead and noise exposures. Follow safe work practices identified by your  employer or range operator. Participate in all safety training and health  monitoring programs offered by your employer or range operator. 2. Protect yourself. Use double hearing protection (earplugs and  earmuffs) whenever possible. Wear respirators and full protective outer cloth-  ing when performing range maintenance. Wear gloves and eye protection when using  chemicals to clean weapons or firing range sur- faces. 3. Use good work practices and personal hygiene. Wash hands, forearms, and face before eating,  drinking, smoking, or contact with other people. Change clothes and shoes before leaving the  firing range facilities. Wash clothes or uniforms used at the firing  range separately from family’s clothing. 4. Know and report symptoms. Common symptoms of lead poisoning in adults  include nausea, diarrhea, vomiting, poor ap- petite, weight loss, anemia, excess lethargy or hyperactivity, headaches, abdominal pain, and kidney problems. If you suspect you may have been exposed to  lead, even if you have no symptoms, ask about having a blood lead level test done. Exposure to high levels of noise can lead to  hearing loss, tinnitus (ringing in the ear), stress, anxiety, high blood pressure, gastro-intestinal problems, and chronic fatigue. Report any of these symptoms to your employer  or range operator. Seek medical attention when appropriate.  For additional information, see NIOSH Alert: Preventing Occupational Expo- sures to Lead and Noise at Indoor Fir- ing Ranges [DHHS (NIOSH) Publication No. 2009–136]. Single copies of the Alert are available free from the following: 1–800–CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov or visit the NIOSH Web site at www.cdc.gov/niosh. For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health 1 Preventing Occupational Exposures to Lead and Noise at Indoor Firing Ranges WARNING! Workers at indoor firing ranges may be exposed to hazardous lead concentrations and noise levels. The National Institute for Occupational Safety and Health (NIOSH) requests help in preventing injury and illness in work- ers at indoor firing ranges in the United States. Workers are potentially exposed to hazardous amounts of lead and noise at these ranges. They include thousands of employees at the firing ranges as well as more than a million Federal, State, and local law officers who train regu- larly at these facilities. In addition to workers, 20 million active target shoot- ers are potentially exposed to lead and noise hazards at indoor firing ranges. This Alert presents five case reports that document lead and noise exposures of law enforcement officers and students. The Alert examines firing range opera- tions, exposure assessment and control methods, existing regulations, and ex- posure standards and guidelines. NIOSH requests that the recommenda- tions in this Alert be brought to the at- tention of all firing range owners, op- erators, workers, and users as well as safety and health officials, industry as- sociations, unions, and editors of trade journals. BACKGROUND The Bureau of Justice Statistics estimates that 105,000 Federal law enforcement of- ficers and more than 1 million State and lo- cal police officers are employed in the Unit- ed States [DOJ 2004]. These officers are required to train regularly in the accurate and proficient use of firearms. Indoor fir- ing ranges have gained wide appeal among law enforcement agencies because they offer protection from inclement weather conditions and can be operated around the clock under controlled environmental condi- tions. The National Shooting Sports Foun- dation estimates that there are 20 million active target shooters in the United States. Of those, 13.8 million are rifle shooters and 10.7 million participate in handgun target shooting [NSSF 2006]. NIOSH esti- mates that 16,000 to 18,000 firing ranges Firing Ranges 2 Firing Ranges operate in the United States. Some are op- erated without the benefit of sufficient envi- ronmental and occupational health controls in place to effectively protect the health of shooters and firing range personnel from the adverse effects of exposure to lead, noise, and other contaminants. The hazards from exposure to lead (airborne, ingestion, and skin), noise, and other contaminants at in- door firing ranges have been widely inves- tigated [Valway et al. 1989; Novotny et al. 1987; Price 1989]. Some of these inves- tigations have documented elevated blood lead levels and hearing loss—particularly among employees and instructors. During the last 2 decades, NIOSH has per- formed numerous Health Hazard Evaluations (HHEs) of indoor firing ranges and docu- mented the hazards of exposure to lead and noise among firing range operators, workers, and shooters. In 1975, NIOSH published a technical document titled Lead Exposure and Design Considerations for Indoor Fir- ing Ranges to provide recommendations for reducing or eliminating hazards associated with indoor firing ranges [NIOSH 1975]. This Alert highlights the issues inherent in operating such facilities and addresses ad- vances in exposure assessment methods, control technologies, and new regulations and exposure guidelines. Although the scope of this Alert is specifi- cally targeted at indoor firing ranges, overex- posures to lead and noise at outdoor firing ranges have been documented in several studies [Tripathi et al. 1991; Goldberg et al. 1991; Murphy 2007]. Many of the recom- mendations that are outlined in this Alert can also be applied to protecting workers and shooters who use outdoor and covered firing ranges. CURRENT REGULATIONS, RECOMMENDATIONS, AND OTHER GUIDELINES The primary sources of exposure standards and guidelines for the U.S. workplace are the Occupational Safety and Health Admin- istration (OSHA) permissible exposure limits (PELs) (29 CFR* 1910) and the NIOSH rec- ommended exposure limits (RELs) [NIOSH 1992a]. Most employers are mandated to follow the OSHA standards; however, since current standards and regulations are based on outdated medical information, employ- ers are encouraged to follow the most pro- tective criteria. OSHA Regulations The Federal OSHA General Industry Lead Standard (29 CFR 1910.1025) establishes specific airborne lead exposure levels for employees working in areas where airborne lead is present. Lead exposure is determined through air sampling that measures the con- centration of lead in the air (the number of micrograms of lead present in a cubic meter of air). The standard creates two levels of exposure, the action level and the PEL. The action level for airborne lead exposure is 30 micrograms per cubic meter (µg/m3) of air as an 8-hour time-weighted average (TWA). If it is determined that airborne lead con- centrations exceed the action level for more than 30 days per year, an employer must provide a medical surveillance program to the worker consisting of biological monitor- ing and medical examinations and consulta- tions. Should a worker’s average blood lead level (BLL) meet or exceed 50 micrograms of lead per deciliter (µg/dL) of blood, the employer is required to temporarily remove *Code of Federal Regulations. See CFR in references. 3Firing Ranges the worker from the work area. The OSHA standard does provide for economic protec- tion for such medically removed workers. Medically removed workers cannot return to jobs involving lead exposure until their BLLs are below 40 µg/dL. Benefits must be pro- vided during the period of temporary medi- cal removal—i.e., the employee continues to receive the same earnings, seniority, and other rights and benefits he or she would have had if they had not been removed. The OSHA PEL for airborne exposure to lead is 50 µg/m3 as an 8-hour TWA. The PEL is re- duced for shifts greater than 8 hours using the formula: maximum PEL in µg/m3 = 400 / hours worked per day If airborne lead levels exceed the PEL for more than 30 days per year, then an em- ployer is required to implement additional monitoring and management activities. Currently, 24 States and 2 territories ad- minister and enforce their own occupational safety and health programs. A list of these “State Plan States” can be obtained by contacting the appropriate authority in the State where the firing range is operated or through the OSHA Web site at www.osha. gov. It is important to note that State Plans must be at least as protective as the Federal OSHA standards. For noise exposure, the Federal OSHA stan- dard for occupational noise exposure (29 CFR 1910.95) specifies a maximum PEL of 90 decibels, A-weighted (dBA), averaged over an 8-hour time period. Noise gener- ated from weapons is classified as impulse noise. The OSHA standard states that ex- posure to impulse noise should not exceed 140 decibels (dB) sound pressure level (SPL). The regulation uses a 5-dB exchange rate. This means that when the noise level is increased by 5 dBA, the amount of time a person can be exposed is cut in half. For example, a person who is exposed to noise levels of 95 dBA can be exposed to only 4 hours in order to be within the daily OSHA PEL. The OSHA standard has an action level of 85 dBA, which stipulates that an employer shall administer a continuing, effective hear- ing conservation program when the 8-hour TWA equals or exceeds the action level. The program must include exposure monitoring, employee notification, observation, an au- diometric testing program, hearing protec- tion, training programs, and maintenance of records. The standard also states that when workers are exposed to noise levels in ex- cess of the OSHA PEL of 90 dBA (8-hour TWA), feasible engineering or administrative controls shall be implemented to reduce workers’ exposure levels. NIOSH Recommendations The NIOSH REL for airborne lead is 50 µg/ m3 as an 8-hr TWA; airborne concentrations should be maintained so that a worker’s BLL remains below 60 µg lead / 100 g of whole blood [NIOSH 1992a]. In addition to inhalation exposures, lead from contaminated surfaces and from firearms discharge can be transferred to people’s skin, especially the hands. Lead- contaminated hands can contribute to in- gestion while handling food, beverages, and other items that contact the mouth. Skin exposures often result from hidden hazards that are not anticipated or recognized, and hence are inadequately controlled. Con- trolling lead- contaminated surfaces (and skin contamination) is highly dependent on anticipation and identification of lead con- tamination on surfaces; strict attention and 4 Firing Ranges adherence to personal hygiene practices; and appropriate administrative controls (e.g., hazard communication). Currently, there are no Federal occupational exposure limits for lead contamination of surfaces. However, NIOSH researchers have investi- gated surface and skin contamination from lead in a variety of occupational settings and developed two analytical methods for iden- tifying lead contamination. NIOSH Method 9100 is a surface-wipe collection method that can be used to quantitatively determine surface lead concentrations to a detection limit of 0.1 µg per sample. Method 9105 is an instant qualitative wipe method that was initially designed to detect the presence of lead on workers’ skin with a limit of identi- fication of 15 µg per sample. The method is commercially available under the brand name Full Disclosure for Lead (US Patent 6,248,593) and can be used for identifying the presence of lead contamination on en- vironmental surfaces [NIOSH 1994]. Both methods are practical and appropriate for identifying workplace surface lead contami- nation and evaluating the effectiveness of skin and surface decontamination for the purpose of reducing exposure risks. Both methods will detect the presence of lead contamination and lead from residues emit- ted from firearms usage. NIOSH research shows that washing hands with soap and water is not completely effec- tive in removing lead (and other toxic metals) from the surface of the skin [NIOSH 1992b; NIOSH 1996; NIOSH 1999]. To remove lead from skin, NIOSH researchers recently devel- oped a novel and highly effective skin decon- tamination/cleansing method [Esswein and Boeniger 2005]. Regarding noise, the NIOSH REL for noise (8-hour TWA) is 85 dBA using a 3-dB ex- change rate (see OSHA regulations in previous section for an explanation of exchange rates). NIOSH also recommends that no exposure be allowed above 140 dB SPL [NIOSH 1998]. Other Guidelines and Best Management Practices In addition to the standards and guidelines identified above, U.S. government agencies (including the Department of Defense), the firearm industry, and shooting-sports orga- nizations have created guidance documents and best management practices for firing ranges. Furthermore, the U.S. government and several professional organizations have general guidance documents concerning occupational exposure to lead and noise. U.S. Government Agencies/Military Industrial Hygiene Standards and Guidelines for Firing Ranges The U.S. Department of Justice (DOJ), Immi- gration and Naturalization Service† published a document titled INS/NFU Firing Range De- sign Standard, which focuses on necessary considerations for both indoor and outdoor firing ranges that meet the needs of DOJ training criteria. These considerations in- clude lead and noise exposure controls and evaluations of environmental, occupational health, and training issues at existing firing ranges. The standard is intended as a sup- plemental guide to the U.S. Border Patrol Facilities Design Guide [DOJ 2002]. The U.S. Environmental Protection Agency (EPA) Best Management Practices at Out- door Shooting Ranges, while targeted for outdoor ranges, provides owners and opera- tors of outdoor firing ranges with information †Immigration and Naturalization Service is now called the U.S. Citizenship and Immigration Services and is part of the U.S. Department of Homeland Security. 5Firing Ranges on lead management and recommenda- tions for reducing lead contamination [EPA 2005]. The U.S. military operates more than 3,000 indoor firing ranges. The U.S. Navy Envi- ronmental Health Center developed a ref- erence guide titled Indoor Firing Ranges Industrial Hygiene Guide to provide firing range operators, industrial hygienists, safety professionals, and technicians with guide- lines and recommendations on firing range operation and maintenance [USN 2002]. In addition, the U.S. Army Corps of Engineers published Design Manual for Indoor Firing Ranges in 1990 to provide guidance for new design considerations, retrofitting ex- isting indoor firing ranges, and safety and maintenance requirements for Department of Defense range facilities [USACE 1990]. Although these publications discuss numer- ous issues involved with firing range opera- tion, they do not represent a comprehensive listing of the material available from govern- ment agencies and the military. Firearm Industry Guidelines The National Association of Shooting Ranges (NASR), a division of the National Shooting Sports Foundation (NSSF), has developed a manual titled Lead Management and OSHA Compliance for Indoor Shooting Ranges [NASR 2004]. This manual addresses the potential of lead exposure at firing ranges and presents methods for managing expo- sures as well as compliance with the OSHA lead standard 29 CFR 1910.1025. This document was developed in partnership with OSHA and NIOSH. Shooting Sports Organizations The National Rifle Association (NRA) man- ual titled The NRA Source Book: A Guide to Planning and Construction provides basic and advanced guidance to assist in plan- ning, designing, constructing, and maintain- ing shooting range facilities [NRA 1999]. General Guidance Concerning Occupa- tional Exposure to Lead and Noise from the U.S. Government and Professional Organizations Department of Health and Human Services The Department of Health and Human Ser- vices (DHHS) identified occupational lead exposure as one of the national health ob- jectives. In its publication Healthy People 2010, the DHHS proposed the elimination of occupational lead exposures that result in workers having blood lead concentrations greater than 25 µg/dL, and encouraged health departments to make elevated BLLs in children and adults a notifiable condition nationwide [DHHS 2000]. American Conference of Governmental Industrial Hygienists (ACGIH) The American Conference of Governmen- tal Industrial Hygienists (ACGIH) has ad- opted a threshold limit value (TLV) for lead of 50 µg/ m3 (8-hour TWA), with worker BLLs to be controlled at or below 30 µg/dL. The ACGIH has designated lead a confirmed ani- mal carcinogen [ACGIH 2006]. The ACGIH also states that evidence suggests expo- sure during pregnancy to BLLs in excess of 10 µ g / dL results in developmental effects such as depressed intellectual development in children [ACGIH 2001]. The ACGIH TLV for noise is 85 dBA (8-hour TWA) with a 3-dB exchange rate and 140 dB SPL as a maximum exposure limit. The ACGIH states that exposure to certain 6 Firing Ranges chemicals may result in hearing loss. In settings where workers might be exposed to noise as well as organic solvents (e.g., toluene, styrene, or xylene), heavy metals (e.g., lead, manganese, or organo-tin com- pounds), or other compounds (e.g., n-butyl alcohol or carbon monoxide), periodic au- diograms are advised and should be care- fully reviewed. The ACGIH also states that evidence suggests noise exposure in excess of a C-weighted, 8-hour TWA of 115 dB or a peak exposure of C-weighted 155 dB to the abdomen of pregnant workers beyond the fifth month of pregnancy may cause hearing loss in the fetus. Association of Occupational and Environmental Clinics The Association of Occupational and Envi- ronmental Clinics (AOEC) has reviewed cur- rent literature concerning lead exposure and health effects [AOEC 2007]. The AOEC has determined that the evidence provided by current health effects studies calls for an update of guidance for professionals in- volved with medical assessment and treat- ment of lead-exposed workers. Among other provisions in their guidance, the AOEC has determined that current evidence supports the need for: 1) qualitative assessment of the need for inclusion in a medical surveil- lance program for lead workers in addition to inclusion in a medical surveillance program based on documentation of exposure to airborne lead at a concentration above the OSHA action level; 2) increased frequency of BLL testing; 3) removal from exposure to lead for workers with BLL of 30 µg/dL or more; and 4) education of workers con- cerning occupational exposure to lead and provision of necessary personal protective equipment and administrative measures to prevent both occupational and take-home exposure to lead. Environmental Health Perspectives Mini-Monograph The March 2007 edition of Environmental Health Perspectives included a Mini-Mono- graph on adult lead exposure. Recommenda- tions in this document include the following: 1) medical surveillance for all lead-exposed workers should include quarterly BLL testing for individuals with blood lead concentrations between 10 and 19 µg / dL, and semiannual testing when sustained blood lead concen- trations are < 10 µg/dL; 2) pregnant wom- en should avoid occupational or avocational lead exposure that would result in blood lead concentrations > 5 µg/ dL; 3) removal from exposure to lead for workers with BLL of 30 µg/dL or more or if a worker has a sus- tained BLL above 20 µg/dL; and 4) annual education of lead workers concerning occu- pational exposure to, and control of, lead hazards as well as ongoing access to health counseling regarding lead-related health risks to prevent both occupational and take- home exposure to lead [EHP 2007]. CASE REPORTS Many studies have shown health risks to workers from lead and noise exposures at firing ranges. The five case reports present- ed here describe the causes of these expo- sures and methods for controlling them. Case 1—Lead exposures of law enforcement trainees Seventeen law enforcement trainees were studied for 3 months during firearms instruc- tion at an indoor firing range to determine their risk from lead exposure [Valway et al. 1989]. BLLs were measured before train- ing began and every 4 weeks during the 7Firing Ranges training. Airborne lead concentrations were measured three times during the instruction period. BLLs rose from a pre-training mean of 6.5 to 50.4 µg/dL post training. Mean airborne lead concentrations were greater than 2,000 µg/m3, more than 40 times the OSHA PEL of 50 µg/m3. During the study, two changes were made to the ventilation system. The first corrected the positive pres- sure inside the range that had allowed lead- contaminated air to flow from the range into other parts of the building whenever the range door was opened. The second change consisted of placing fins on the air supply grille to cause smoother air flow across the firing line and to decrease air turbulence. The adjustments resulted in a large decrease of airborne lead concentrations, depending on booth location. Airborne lead concentrations dropped to below detectable levels in the control room and classroom after the first adjustment. Airborne lead concentrations were reduced substantially (94% to 97%) by using ammunition that had nylon-coated and copper-jacketed bullets. Case 2—Lead exposures of school rifle teams The Alaska Environmental Public Health Pro- gram initiated a statewide review of school- sponsored rifle teams after a team coach was found to have an elevated BLL of 44 µg / dL [State of Alaska 2003]. The review initial- ly examined six rifle teams using three in- door firing ranges. Thirty-six students and 35 adults (including family members and 6 coaches) participated in the blood lead Figure 1. A law enforcement agency five-booth indoor firing range. 8 Firing Ranges testing. Two teams used a firing range that observed a regularly scheduled cleaning procedure and had a written protocol for maintenance and lead concentration moni- toring. The geometric mean BLL measure- ments for those two teams were not elevated (1.3 µg / dL and 3.9 µg/dL, respectively). One team used a firing range-multi-use area that for 11 years had not been evaluated for lead. The student shooters showed small but measurable lead exposure with a geo- metric mean of 8.1 µg/dL. The other three teams used a firing range that was later documented to have extensive lead contamination. The teams showed el- evated blood levels with geometric means of 27.9 µ g / dL, 12.0 µg/dL, and 12.2 µg/dL re- spectively. The coaches of the 3 teams had BLLs with a geometric mean of 12.4 µg / dL; the highest level was 31 µg/dL, which is above the level considered elevated (≥ 25 µg/dL) for adults. That firing range was voluntarily closed and arrangements were made for a thorough environmental evaluation. Case 3—Lead exposures of police officers A NIOSH Health Hazard Evaluation [NIOSH 1997] was conducted in a five-booth indoor firing range to examine potential exposure to lead among 30 police officers who used the firing range for training and firearms quali- fication (Figure 1). The firing range, which was located in a police department building, was used by other area police departments as well. The firing range ventilation system was independent of the rest of the building, but most of the firing range’s exhaust air was recirculated through 90% to 95% efficient filters before being directed back into the firing range. Users cleaned the firing range by dry sweeping and collecting shell casings from the floor by hand. The bullet trap was cleaned every 2–3 years. Average airborne lead concentrations were 144 µg/m3 and 230 µg/m3 on 2 separate survey dates. Area airborne lead samples detected lead in the control room, in a hallway outside the firing range, and at the rooftop air handling unit. Inspection of the HVAC system on the first survey found several filters missing, but were in place during the second survey. NIOSH found that the firing range was under posi- tive pressure, with the smell of gun smoke noticeable immediately when firing started on the firing range. The measurements of supply air and exhaust air-flow rates were much lower than designed and yielded an average air velocity of 25 feet per minute (fpm) or 0.127 meters per second (m/s) at the firing line. Pressure gauges on the HVAC system did not appear to be working proper- ly. Smoke tests revealed backflow patterns even when no one was standing at the fir- ing line. NIOSH recommended changes in the ventilation system, a standard operat- ing procedure for maintenance, improved clean-up and personal hygiene practices, a written respiratory protection program, am- munition substitution, and BLL monitoring. Case 4—Lead, take-home lead, and noise exposures of Federal law enforcement students NIOSH and the National Center for Envi- ronmental Health (NCEH) participated in a series of collaborative evaluations of indoor and outdoor firing ranges and related facili- ties at the FBI Firearms Training Unit (FTU) [NIOSH 1991]. FTU facilities consisted of an indoor training range with 23 shooting booths, a one-booth firearms testing range, and seven outdoor training ranges. The eval- uations included lead and noise exposures during firearms training among firing range 9Firing Ranges technicians, gunsmiths, and firing range in- structors. The evaluations also included the potential for take-home lead contamination of workers’ vehicles and homes, and for ex- posure of their families. Sixteen full-time firearms instructors spent approximately 30 hours per week on the fir- ing ranges. Sixty-one personal breathing zone samples and 30 area samples were collected to measure airborne lead. Airborne lead con- centrations ranged up to 51.7 µg/m3 for the instructors, 2.7 µg/m3 for firing range techni- cians, and 4.5 µg/m3 for gunsmiths. Short- term exposures while the custodians cleaned the firing range were as high as 220 µg/m3. Results of carpet dust sampling collected in 14 dormitory rooms used by FBI students and 14 rooms used by non-students showed that significantly higher lead concentrations were found in the students’ rooms (means of 214 µg/g and 65 µg/g respectively). The presence of lead in carpet samples suggests that FBI students unknowingly contaminated their living quarters with lead residues brought back to their quarters from the firing range. The baseline and the most recent audiomet- ric testing results were available for 14 of the 16 FBI instructors. Evaluations of the au- diograms revealed that 9 of the 14 instruc- tors (64%) had hearing losses that met the OSHA standard threshold shift criterion (i.e., changes relative to baseline of 10 decibels or more in the average hearing level at 2000, 3000, and 4000 Hz). Audiometric testing results were only available for one of the six firing range technicians, and this worker’s re- sults also met the OSHA standard threshold shift criterion. No audiometric testing results were available for the gunsmiths. NIOSH recommended modifications to the indoor firing range ventilation system, Figure 2. Noise and lead exposure assessment of law enforcement officers at a 20-lane indoor firing range. 10 Firing Ranges improved personal hygiene practices, am- munition substitution, using double hearing protection devices, establishing a hearing conservation program for workers exposed to gunfire, and continued BLL monitoring. Case 5—Noise exposures of Federal and local law enforcement officers NIOSH investigators conducted live-fire noise exposure evaluations [Kardous et al. 2003; NIOSH 2003; Murphy 2007] of Federal and local law enforcement officers at indoor and outdoor firing ranges to characterize salient acoustic parameters associated with weap- ons noise and to provide guidelines for safe exposure (Figure 3). Measurements were conducted on a representative cross sec- tion of law enforcement firearms (the Ber- etta .40-caliber pistol, Remington 12-gauge shotgun, and Bushmaster M4 .223-caliber assault rifle). Indoor and outdoor measure- ments were also obtained for the Smith and Wesson .357-caliber revolver, the Colt .45-caliber and 9-mm pistols, the Glock .40-caliber pistol, the Heckler & Koch H&K 53 and H&K 36 assault rifles, and Colt AR15 .223-caliber rifles. Measurements were con- ducted using a ¼-inch Bruel & Kjaer model 4136 microphone, digital audio tape record- ers with a 48 kHz sampling rate or were ac- quired directly to a computer laptop using 96 kHz data acquisition board. Analyses on the digitized waveforms were conducted using software tools built in Matlab. Peak sound pressure levels ranged from 155–168 dB SPL. Figure 4 shows the peak sound pres- sure levels generated from various weap- ons at an indoor firing ranges. A-weighted, equivalent (averaged) levels ranged from 124–128 dBA. Hearing protectors were Figure 3. Emissions from the discharge of firearms. 11Firing Ranges evaluated using the Institut de Saint-Louis (ISL) artificial head mannequin built specifi- cally for measuring impact and impulse noise. Earmuffs with safety glasses had a peak re- duction of 18 dB. The mean peak reduction for earmuffs was 26 dB, while earplugs alone provided a mean peak reduction of 24 dB. The mean peak reduction for the combined earmuff and earplugs was 44 dB. NIOSH recommended several noise abate- ment strategies and modifications to the fir- ing range structure to reduce the transmission of airborne and structural borne sounds; the use of double-hearing protection to ensure maximum protection against impulsive noise, improper fitting and other incompatibility with other protective equipment; and the estab- lishment of a hearing conservation program. workers’ and patrons’ exposures to lead. En- vironmental factors include the type of ven- tilation system used at the firing range, the types of ammunition used, and the length of time that shooting occurs. Exposure risk fac- tors include the type and frequency of work practices conducted at the range, particularly those involving cleaning the firing range and other maintenance activities. As demonstrated by the case studies, prop- er ventilation, good housekeeping practices, and basic personal hygiene practices will limit or eliminate the risk of lead exposure. In addition to lead exposure, the discharge of firearms produces peak noise levels that exceed the occupational health limits of 140 dB SPL. The case studies illustrate the need to assess impulse noise exposure correctly by using proper sound measuring instruments and techniques, and the im- portance of using double hearing protection while shooting as part of an overall hearing conservation program. Potential health problems from exposure to lead and noise can be reduced or prevented by following the recommendations outlined in this Alert. RECOMMENDATIONS Controlling exposures to occupational haz- ards is the fundamental method of protect- ing workers. Traditionally, NIOSH uses a hier- archy of controls as a means of determining how to implement feasible and effective solutions to reduce or eliminate workplace hazards. One representation of this hierar- chy can be summarized as follows: Elimination or substitution „ 0.45Colt 1991A1ParOrdinance P10Glock 22Glock 27Remington 1187Remington 870Sig Sauer P228Colt Pocket 9Smith & Wesson 586Smith & Wesson 686175 170 165 160 155 150 145 0.40 Weapon CaliberPeak Impulse Level (dB SPL)12Ga 9 mm 0.357 CONCLUSIONS The case reports described in this Alert sug- gest that employers, workers, and the gener- al public may have an increased likelihood of exposure to lead through inhalation, skin con- tamination, and ingestion, and therefore the increased risks associated with the potential toxic health effects from lead. Numerous fac- tors and routes of exposure can contribute to Figure 4. Peak noise levels from various small firearms. 12 Firing Ranges Engineering controls „ Administrative controls „ Personal protective equipment „ Control methods high on the list above are potentially more effective and protective than those appearing lower. Following the hierarchy normally leads to the implemen- tation of inherently safer systems that sub- stantially reduce the risk of illness or injury. The elimination and substitution control methods are most effective at reducing haz- ards, but they are also the most difficult to implement within an existing process. If the process is still at the design or development stage, elimination and substitution of haz- ards might be inexpensive and simple to im- plement. Engineering controls are used to remove a hazard or place a barrier between the worker and the hazard. Well-designed engineering controls can be highly effec- tive in protecting workers and are typically independent of worker interactions. Admin- istrative controls and personal protective equipment are frequently used with existing processes where hazards are not particularly well controlled. In addition to the previous control methods, employer and worker education and training are an essential part of any comprehensive management program. Pursuant to OSHA’s lead standard, worker exposure monitoring is covered under 29 CFR 1910.1025(d), and the medical surveil- lance provisions of the standard are covered at 29 CFR 1910.1025(j). Medical removal protection is covered in paragraph (k). Controlling lead and noise hazards at in- door firing ranges may present unique and different challenges depending on several factors. These include appropriate design, construction, and maintenance of the range, appropriate and engineered ventilation sys- tems, proper management, adequate and proper housekeeping and personal hygiene practices to limit exposures to lead. Ammunition substitution The substitution of less-toxic materials in the workplace is a primary preventive measure in occupational health. The primary sourc- es of lead exposure at indoor firing ranges are lead bullets and cartridge primers. Lead fumes and dust are emitted from the ex- posed base of an unjacketed bullet due to contact with hot propellant gases and the physical effects of heat and friction acting on the bearing surface of an unjacketed bul- let passing through the bore at high velocity. The use of jacketed (both base and bearing surface) or non-lead bullets are shown to reduce lead emissions at the firing range by as much as 80%. It is important to note that product substi- tution is not necessarily an effective solu- tion for indoor firing ranges due to certain training restrictions and operational require- ments. Issues such as differences in trajec- tory, unknown reliability, increased cost of non-lead primers and bullets, and increased barrel wear can play a major role in deter- mining whether substitution is a viable so- lution. Further, mixing spent lead bullets with metals from non-lead alternatives may render the material unfit for recycling and therefore require costly and otherwise un- necessary disposal of the spent ammunition as a hazardous waste. Firing range operators should consider the following recommendations when assessing ammunition substitution: 13Firing Ranges Use non-lead primers designed specifi- „ cally for firing ranges. Cartridges already loaded with non-lead primers are com- mercially available for the most popular calibers. Jacketed or non-lead bullets should „ be used to help reduce lead exposure [NIOSH 1986; NIOSH 1995].‡ When se- lecting copper-jacketed bullets, the firing range operator should ensure that the jacket covers the base and the bearing surface of the bullet. Some “full-metal jacket” bullets (sometimes called “ball ammunition”) have a lead-exposed base that is not visible in a loaded cartridge. This type of bullet emits lead fume due to contact with hot propellant gases. Also, some companies manufacture half jack- eted bullets that have a lead-exposed bearing surface. These bullets emit lead particles from the mechanical effects of passing through the bore. It is important to note that while some jacketed bullets present no airborne lead hazard, at the firing line, impact with the bullet trap may generate lead dust at the trap. This lead dust may present a source of lead expo- sure to workers performing range main- tenance, cleaning of traps, and removing and disposing of spent bullets. Use jacketed lead bullets (as opposed to „ dip-coated copper plating) to minimize lead exposure in firing ranges. Most com- mercially available copper coatings are generally too thin or too soft to effectively isolate lead from the firing process. Zinc bullets should not be used without „ a careful assessment of safety hazards caused by their propensity to “bounce back” from the bullet traps in some firing ‡NIOSH examined potential hazardous exposure to copper and zinc oxide ammunition substitutes and found levels to be far below the OSHA PEL. ranges. Also, firing range operators should consider the potential for zinc bullets to damage concrete and steel surfaces in fir- ing ranges. Operators might instead con- sider using frangible ammunition which can be be ideal for use with steel outdoor targets or portable “shoot houses.” Firing range operators who depend on „ using lead substitutes for reducing lead exposure should ensure that firing rang- es and firearms previously used with lead ammunition are appropriately cleaned and evaluated before being used in the firing range. Electronic simulation systems using guns „ equipped with lasers can provide an al- ternative solution for training new recruits in effective gun handling and marksman- ship without using live ammunition. Engineering controls Ventilation is the most important engineering control for protection against primary lead exposure in indoor firing ranges (Figure 3). Well-designed supply air and exhaust venti- lation systems have been shown to control exposures to lead fumes and dust in firing ranges [NASR 2004]. Monitoring and con- trol systems that ensure proper operation of ventilation systems are also important parts of this engineering control. These systems check the operating parameters of the ven- tilation systems, alert firing range operators, and prevent use of the firing range when systems are not operating within specifica- tions. When automatic control systems are not used to monitor the effective operation of the ventilation systems, OSHA requires that measurements that demonstrate the effectiveness of the systems in controlling exposure, such as capture velocity, duct velocity, or static pressure be made every 3 months. In addition, measurements of 14 Firing Ranges the system’s effectiveness must be made within 5 days of any change in the opera- tion of the firing range, and/or engineering control which might result in a change in employee exposure to lead. The following recommendations are based on NIOSH research and are intended to show the range of solutions that may be implemented by firing range operators, de- pending on cost and availability of resources [Crouch et al. 1991]. Lead Supply Ventilation System Recommen- dations: Ensure that supply air systems are de- „ signed to distribute air evenly across the area of the firing range, floor to ceiling and wall to wall. If the supply air is not evenly distributed, air flow at the firing line will likely contain regions of reverse flow, causing lead and other contami- nants to be carried back into the shoot- er’s breathing zone. Introduce supply air as far up range as „ possible. A perforated wall plenum has been shown to provide uniform air distri- bution at the firing line. Perforated radial air diffusers mounted at ceiling height have been tested and demonstrated ef- fective in meeting established industry and regulatory airflow criteria. Diffusers that produce jets of air can create turbu- lence at the firing line. Airflow along the firing line should be „ no more than 75 fpm (0.381 m/s) with a minimum acceptable flow of 50 fpm (0.254 m/s) [NIOSH 1976]. If it is de- sired to minimize fall-out of gun emis- sions downrange of the firing line, down- range airflow should be maintained at a minimum of 30 fpm (0.152 m/s) and should be evenly distributed. There should be no obstructions (e.g., „ target or ammunition storage cabinets) to the airflow between the supply air inlets and the firing line so that the supply air is distributed uniformly across the width (cross-sectional area) of the firing range. Exhaust Ventilation System Recommendations: The total or combined exhaust airflow „ for the firing range should always be greater than the total supply airflow to ensure the firing range is maintained under negative pressure, and to prevent migration of lead-contaminated air from the firing range to the surrounding en- vironment. Exhausting slightly more air than supplied is a general recommenda- tion for maintaining appropriate nega- tive pressure in the firing range. If the building envelope is not sealed, negative pressure within the building can create undesirable drafts through unplanned air pathways entering through openings in the building structure. These drafts can result in back flow at the firing line, which defeats the purpose of the ventilation system. Unplanned pathways can also result in a higher mechanical operating cost (requiring additional heating or air- conditioning). The magnitude of the neg- ative pressure should be just sufficient to produce an inflow of air at openings such as windows and doors between the firing range and adjacent areas or surrounding environment. This can easily be evalu- ated using a chemical smoke tube to visually evaluate pressurization at doors, windows, etc. that are slightly open to the flow of air. 15Firing Ranges The air should be exhausted at or behind „ the bullet trap. Some firing ranges are designed to have multiple exhaust points downrange to maintain downrange flow and desired velocities at the firing line. The exhaust system should be designed „ to provide minimum duct air velocities of 2500–3000 fpm (12.7–15.24 m/s) (Industrial Ventilation Manual, 24th Edi- tion, Table 3–2) [ACGIH 2004]. Exces- sively high duct velocities are unneces- sary, waste energy, and may cause rapid abrasion of ductwork. The ventilation system that serves the „ range area should be completely separat- ed from any ventilation for the rest of the building. The exhaust air from the range should not feed into air supplies for offic- es, meeting rooms, or other businesses. Air Filtration Recommendations: All air filtration systems should be in- „ stalled in a location where they can be easily serviced. Air exhausted from the firing range should „ be appropriately filtered or the area near the outside vent be managed to prevent access and lead mobility in accordance with EPA best management practices [EPA 2005]. If lead-contaminated air is released outside the building and left un- managed, the exterior walls of the build- ing and surrounding grounds and water- ways can become contaminated. Lead released outdoors can be re-aerosolized and result in subsequent contamination of the firing range or other buildings, and present unwanted hazards to humans if the range is in a populated area. The minimum filtration recommended is „ high-efficiency particulate air (HEPA) fil- tration or a minimum efficiency reporting value (MERV) of 18–19. The Institute of Environmental Sciences and Technology specifies that a certified HEPA filter must capture a minimum 99.97% of contami- nants at 0.3 micron in size. This filter spec- ification is also endorsed by the American Society of Heating, Refrigerating and Air- Conditioning Engineers (ASHRAE). All filters potentially exposed to lead-con- „ taminated air should be equipped with side and face gaskets to eliminate filter bypass, and air passing between the fil- ters and the filter racks. Filter racks should also be engineered and tested to ensure that leaks do not occur after installation. The filtration system should be located „ as close to the firing range as possible to minimize the distance that lead dust needs to travel in the exhaust system before it passes through the filter. Fil- ter systems should always be located upstream of the exhaust fan to prevent contaminating the fan with lead. Filter System Maintenance Recommen- dations: Filter end-of-service life is indicated by a „ high-pressure drop (more resistance to air flow) across the filter bank. Filters should be changed according to the static pres- sure guidelines provided by the manufac- turer. Since pre-filters are the first to en- counter contaminated exhaust air from the firing range, they will load fastest. Therefore, pre-filters require more frequent change-outs than HEPA-rated filters. Filter change-out should be performed „ by personnel trained in the removal and disposal of dirty filters and in lead safety. They should use appropriate personal protective equipment and environmental precautions. Loaded filters will likely con- tain lead in sufficient quantity to classify 16 Firing Ranges the used filter as a hazardous waste un- der the Resource Conservation and Re- covery Act (RCRA) (40 CFR 260–279). A Toxicity Characteristics Leaching Proce- dure (TCLP) test will determine whether the filter is a regulated hazardous waste under the RCRA regulation. If the filter does not meet the criteria of a hazardous waste, it can be disposed of as normal solid waste. However, if the filter does have sufficient lead to be considered a hazardous waste, there are two options: first is to recycle or reuse the filter, in which case it is not considered a waste (RCRA recycling exemption 40 CFR 261.4(a)(13)) and there are no hazard- ous waste handling procedures required. If the filter is not recycled, and it fails the TCLP, then it must be transported and disposed of properly in accordance with Federal, State and local regulations. Control System Recommendations: A warning light should be added to warn „ shooters and the firing range operator that a critical system has been inactivat- ed by a safety interlock system. Modern computer-operated firing ranges can in- corporate specific warning indicators in the computer programming. Exhaust and supply fans should be inter- „ locked so that all fan systems operate at the same time during active range use. Air flow from the fans should be monitored and interlocked with a critical firing range operating system to disable the firing range and alert the firing range officer when the air flow from any fan is inadequate. Filter access doors should be interlocked „ with the fan system to deactivate the fans when the door is opened. Pressure gauges on HVAC systems should „ be maintained and calibrated regularly. The pressure drop across each filter should „ be monitored and checked regularly. Exhaust air from the firing range should not „ be recirculated back into the range when economically feasible. However, exhaust air may be recirculated if a real-time particle detection system is installed downstream of the filter system. It must be demonstrat- ed that the particle detection system is sensitive enough to detect any aerosol size range and number concentration combi- nation of lead particles that might exceed the OSHA PEL. ANSI/ASHRAE Standard 62.1-2007, Ventilation for Acceptable Indoor Air Quality, [ANSI/ASHRAE 2007] provides dilution ventilation guidelines for recirculating clean and breathable air in an energy-efficient manner. Noise Effective noise control measures are impera- tive to reducing noise-induced hearing loss among firing range operators, employees, and users. It is important to understand that noise control of high intensity impulse sounds might help reduce overall noise levels inside a firing range and adjacent facilities, but it has limited effect on the noise expo- sure of the person firing the weapon. There is no noise control that alleviates the require- ment for wearing hearing protection because the primary source of noise exposure is the weapon itself. Noise control measures should be compatible with ventilation requirements and meet fire and building codes. Noise con- trols typically address the primary two com- ponents of noise transmission—airborne and structural-borne sounds: To reduce transmission of airborne „ sounds, no leaks can exist between the firing range and adjacent spaces. Small openings such as electrical outlets, spac- es around doors, and joints at the walls, 17Firing Ranges ceiling, and floor should be sealed with insulation and/or weather stripping as needed. Ventilation ducts that provide a direct acoustic path into adjacent spac- es can be fitted with acoustic absorptive materials, both to remediate vibrations in the walls of the duct and to absorb noise transmitted along the duct. Special care must be paid to the maintenance and handling of acoustic absorptive materials to prevent lead dust accumulation. The design of walls can minimize transmis- sion of airborne sounds through com- binations of gaps, absorptive materials, and different wall thicknesses. To reduce the transmission of structural- „ borne sounds and vibration, acoustical absorptive materials should be applied to walls, windows, doors, ventilation ducts, and ceilings. Use special care when ap- plying acoustical absorptive materials to prevent them from damage or becom- ing dust-laden. Typical metal or wooden stud construction has wall cavities that can be filled with insulation material. Walls that separate the firing range from adjacent parts of the building should be double thickness with offset studs. They should provide an air gap as well as in- sulation on the inside of one of the walls. The interior surface of firing range walls should be treated to minimize absorption of airborne particulates, to make clean- ing easier, and to resist lead and nitrate penetration. Doors should be made of metal with a foam core to reduce vibra- tion caused by impulsive noise. The en- trance to the firing range should be a 4–6 foot passageway with self-closing doors at both ends. The passageway provides an additional gap to reduce noise emis- sions. Observation room windows should be designed to withstand bullet impacts and to maximize sound reduction. The glass should be laminated and certi- fied as bullet-impact resistant. If double panes of glass are used, then the glass that is in the firing range should be bullet- impact resistant and of a different thick- ness than the interior pane to increase noise reduction. Recently, state-of-the-art systems and train- ing equipment designed to reduce lead and noise exposures have been introduced and are gaining wide acceptance among firing range operators and law enforcement agen- cies. Specifically, new backstop systems are available that eliminate bullet fragmentation and airborne lead by capturing whole, intact bullets into their rubber media. These back- stops also reduce noise exposures com- pared to steel backstops. Work practice and administrative controls When engineering controls are not feasible or are inadequate, supplemental work practice and administrative controls may be needed to limit noise and lead exposures. Work prac- tice controls are procedures or actions firing range users can take themselves to ensure their own safety and health. Administrative controls, on the other hand, are those gen- erally implemented by management or firing range operators to safeguard the shooters. The following work practice and administra- tive recommendations are offered: Preventing the potential for lead exposure by ingestion and by avoidance of skin contamination and appropriate decontamination Eating, drinking, and smoking should be „ prohibited in the firing range. All personnel should wash their hands, fore- „ arms, and faces before eating, drinking, 18 Firing Ranges smoking, or having any hand contact with the face or with other people. Hands should be washed with soap and water or cleaned with lead decontamination wipes after shooting, handling spent cartridge cases, or cleaning weapons. Wipes for cleaning skin without water are commercially avail- able and should be used if access to soap and water is limited. Skin contact with spent cartridges should „ be avoided whenever possible. Dispos- able gloves should be worn when remov- ing larger objects that cannot be removed with a HEPA vacuum cleaner. Floor and horizontal surfaces inside the „ firing range should be cleaned routinely with a detergent, or in some specific and tough cases, a cleanser designed for lead decontamination. EPA studies show that general all-purpose cleaners are adequate for both general cleaning and post-intervention cleaning [EPA 1997, Lewis et al. 2006]. Reducing lead contamination inside the firing range The ventilation system should be operat- „ ing at all times while the firing range is in use and during clean-up. The firing range operator should require „ that all shooters immediately discontinue shooting and place their weapons in safe mode whenever the firing range opera- tion is inactivated by a monitor. All non- essential persons should leave the firing range until the problem is fixed. Carpeting should not be used anywhere „ inside a firing range or in rooms adjacent to the range. Accumulation of lead dust in carpets is a health hazard, and accu- mulation of unspent primer in carpets is a fire hazard. The firing range should be equipped with „ automatic target retrieval systems to allow shooters to examine their perfor- mance without crossing the firing line. After use, the floor of the firing range „ should be thoroughly cleaned with an explosion-proof HEPA vacuum cleaner de- signed to collect lead dust. Dry sweeping should never be used in the firing range. Preventing “take-home” lead exposure Shooters using a kneeling or prone po- „ sition over lead contaminated surfaces should place a sheet of paper or other disposable material on the ground be- neath them to minimize accumulation of leaded dust on their outer garments. Knee pads or mats may be used to re- duce lead contamination but they should be cleaned after each use. Shooters and workers should shower, „ whenever possible, and change clothes at firing range facilities after shooting or performing maintenance or cleaning ac- tivities at the range. Provide workers with two lockers to al- „ low them to separate street clothes from lead-contaminated work clothes. Workers’ non-disposable outer protec- „ tive clothing should be laundered by the employer or a contractor. It should not be laundered by the employee at home. Non-employees who take contaminated clothing home should bag the clothes before leaving the range. Contaminated clothing should be washed separately from the family’s clothing. Leave shoes worn on the firing range „ at the range or bag them before leav- ing the range to prevent lead from being tracked into cars and onto home floors 19Firing Ranges and carpets. As an alternative, use step- off cleaning pads at the exit of the firing range to help reduce the amount of lead contamination on shoes. Disposable shoe coverings can also be used while firing and cleaning, then discarded upon leaving the range. Administrative control of noise and lead ex- posure can be accomplished by limiting the length of time shooters and employees use the firing range, by assignment and work rotation, and by providing quiet and clean lunch and break areas to give periodic relief from noise. The firing range should also be cleaned at least weekly. Personal protective equipment Provide personal protective equipment to workers and indoor range users to protect against the potential effects of exposure to lead and noise. All workers and shooters should be re- „ quired to use dual hearing protection de- vices (earmuffs and earplugs) when the range is in use. For shooters requiring improved communication, NIOSH recom- mends using electronic level-limiting or sound restoration earmuffs with passive earplugs. In addition to the electronic ear- muffs, commercially available communi- cation headsets exist that would permit the range master to transmit instructions via short range radio to the shooter’s headset. Shooters should also be en- couraged to wear eye protection in the form of safety glasses or goggles that are compatible with hearing and other head protection devices. NIOSH research has shown that wearing earmuffs on top of safety glasses created a leakage in the seal of the earmuff cushions with the ear and reduced the effectiveness and peak noise level reduction of the earmuffs. NIOSH recommends that shooters wear the safety glasses over the top of the earmuff cushions, or use glasses with a strap or low profile stem. Ideally, the safety glasses should be an integral part of the earmuff or other head protection devices. A training program in the appro- priate use and fitting of hearing and eye protection should be implemented by fir- ing range training staff. Personnel performing lead clean-up at „ the trap should wear appropriate NIOSH- certified respiratory protection and full protective outer clothing (which may be disposable). If respirators are part of the lead management plan, firing range operators must develop and implement a respiratory protection program that meets the requirements of the OSHA respiratory protection standard [29 CFR 1910.134] and document it in writing. Personnel cleaning weapons should „ be encouraged to use chemical-resis- tant gloves and tight- fitting goggles for skin and eye protection against poten- tial chemical hazards. Range operators should provide specific guidance about proper and appropriate use of skin and eye protection. Employer and worker education Firing range operators and employers should be fully aware of the potential for hazardous lead and noise exposures in their facilities, and they must communicate this informa- tion to workers to ensure safe and healthful working conditions. Inform workers about the potential for ex- „ posure to lead, noise, and other toxicants and tell them the nature of the hazard. 20 Firing Ranges Provide general information and specific „ hazard warnings through workplace post- ings, training, and stating the precau- tions and hygiene practices required of firing range users. Train workers regarding the means avail- „ able at the firing range to eliminate or limit exposure and the actions that limit potential exposures for themselves and fellow workers. Inform workers about symptoms that „ may indicate a health problem. Although not all exposed workers may show overt symptoms, common symptoms of lead poisoning in adults include nausea, diar- rhea, vomiting, poor appetite, weight loss, anemia, excess lethargy or hyperactivity, headaches, abdominal pain, and kidney problems. Exposure to high noise lev- els can cause hearing problems, stress, poor concentration, insomnia, nervous- ness, anxiety, and depression. It can also cause accelerated heartbeat, high blood pressure, gastro-intestinal problems and chronic fatigue. Employers should advise employees to report these symptoms to their supervisors and physicians. Inform pregnant workers and shooters, „ or those considering pregnancy, about the possible adverse health effects to the fetus from exposure to lead and noise. A fetus can be poisoned in utero. Studies show that fetal blood contains approximately 80% of the blood lead concentration of the mother. Pregnant workers and shooters, or those consider- ing pregnancy, also need to know about the increased chance of miscarriage at blood lead levels > 5 µg/dL. Evidence also suggests that exposure to peak sound pressure levels above 155 dBC can cause hearing loss in the fetus be- yond the fifth month of pregnancy. The evidence of whether the particular noise exposure associated with firing ranges is harmful to the developing fetus and warrants removal of the pregnant woman from exposure is ambiguous. This issue is further complicated because female workers may be exposed to lead and noise even before they know they are pregnant. Firing ranges might wish to es- tablish guidelines for pregnant workers exposed to lead and noise. Worker exposure and medical health monitoring OSHA’s lead standard requires each em- ployer who operates a firing range to deter- mine if any workers may be exposed to lead at or above the action level (30 µg/m3 as an 8-hour TWA). Worker exposure is defined as that exposure which would occur if the workers were not using a respirator. The results of initial and periodic monitoring determine whether subsequent monitoring is necessary. Monitoring also determines whether other protective provisions of the standard need to be implemented. If the initial determination or subsequent de- terminations reveal workers’ exposure to be at or above the action level but at or below the PEL, the employer is required to perform monitoring at least every 6 months. If the initial determination reveals that workers’ exposure is above the PEL, the employer must perform monitoring at least quarter- ly. If any worker is determined by the initial monitoring to be exposed to lead below the action level, then no further monitoring is required for that worker, except where fir- ing range operations or controls change that could result in additional exposure. 21Firing Ranges Exposure monitoring Monitoring procedures should be spe- „ cifically defined to ensure consistency. Instrumentation, calibration, measure- ment parameters, and methods for link- ing results to worker records should be clearly outlined. Exposure assessment should be con- „ ducted under the direction of a certi- fied industrial hygienist or other safety and health professional with appropriate training and expertise. Workers should be permitted and encour- „ aged to observe and participate in moni- toring activities as long as they do not in- terfere with monitoring procedures. Their participation will help ensure valid results. Monitoring should be repeated periodi- „ cally to ensure continued effectiveness of worker protection measures and to help identify changes in noise controls, work practices, equipment, and mainte- nance procedures. Perform wipe sampling on surfaces in the „ firing range on a regular basis. Wipe sam- pling can provide information about how well these surfaces are being cleaned, whether lead is being transported from the firing range to other parts of the facil- ity, and about the potential for lead expo- sure. See information about the NIOSH wipe sampling methods in Current Regu- lations, Recommendations, and Other Guidelines section of this Alert. Employers should notify workers of any „ hazardous exposure levels determined for their particular jobs and provide infor- mation about the health risks associated with such exposures. Worker health monitoring Blood lead levels are currently the best in- dicator of personal lead exposure. Workers potentially exposed to lead should there- fore be monitored for the presence of lead in blood. This assessment is necessary to ensure that engineering controls, personal hygiene practices, and PPE are preventing lead exposure. It is recommended that the employer’s medical monitoring program be supervised by a physician trained and expe- rienced in occupational medicine. The OSHA general industry lead standard „ contains provisions for the medical mon- itoring of workers exposed to lead (29 CFR 1910.1025(j)). NIOSH supports us- ing these provisions for firing range work- ers, especially those who routinely use or work at these ranges, but acknowledg- es that current understanding of health risks associated with lead exposure may require updated/additional provisions for medical surveillance. Recommendations from the March 2007 edition of Environ- mental Health Perspectives’ Mini-Mono- graph on adult lead exposure and from the Association of Occupational and En- vironmental Clinics (AOEC) include the following elements: Informing workers and shooters that — levels of lead once thought safe are now known to be harmful. Advise that blood lead levels be kept below 10 µg/dL of blood. Informing pregnant workers and — shooters, or those considering preg- nancy, about the possible adverse health effects to the fetus as well as the increased chance of miscarriage at blood lead levels > 5 µg/dL. 22 Firing Ranges Workers should be included in a med- — ical surveillance program whenever they are handling or distributing ma- terials with lead content that could potentially cause exposure through inhalation or ingestion. New employees and those newly as- — signed to work in areas with potential lead exposures should have a pre- placement lead medical examination and a BLL test, followed by periodic BLL monitoring, blood pressure test- ing, and health status review. Monthly BLL testing is recommended — for the first three months of employ- ment in order to assess the adequacy of exposure control measures. Testing frequency can be reduced to — every six months as long as BLLs re- main below 10 µg/dL or quarterly for individuals with blood lead concentra- tions between 10 and 19 µg/dL. Any increase in BLLs of 5 µg/dL or — greater should trigger a re-examination of control measures. Workers with BLLs of 30 µg/dL or — more, or ones with a sustained BLL above 20 µg/dL should be removed from lead exposure. All lead-exposed workers should re- — ceive, annually, educational materi- als and prevention information about the health effects of exposure to lead from a clinician and the employer, and they should be provided necessary protections including protective cloth- ing, clean eating areas, and hygiene measures such as wash facilities and/ or showers to prevent both ingestion and take-home exposures. The OSHA noise exposure standard (29 „ CFR 1910.95(d)(e)(g)(h)) requires the employer to establish a monitoring pro- gram and provide audiometric testing to all employees whose exposures equal or exceed an 8-hour TWA of 85 dBA under the action level monitoring criteria. All workers with regular exposure to weap- ons firing should undergo annual audio- metric monitoring at test frequencies of 500, 1000, 2000, 3000, 4000, and 6000 Hz. Annual audiograms should be compared to a baseline audiogram to determine if hearing loss is occurring. If a standard threshold shift (STS), defined as a change in the pure-tone average of more than 10 dB at 2000, 3000, and 4000 Hz, occurs in either ear, the em- ployer must follow certain procedures outlined in the standard, including notify- ing the affected employee in writing. Oc- cupational exposure to lead can have an additive or potentiating effect on the au- ditory system and increase the potential for hearing loss. Pure-tone audiometric testing may conceal certain hearing dif- ficulties caused by exposure to lead or other chemicals. Professionals who re- view the audiometric results should be alerted to this issue and should consider a referral for further testing and medical evaluation [Morata, 2007]. ACKNOWLEDGMENTS The principal contributors to this Alert were Chucri A. Kardous, MS, PE; Bradley F. King, MS, CIH; Amir Khan; Elizabeth A. Whelan, Ph.D.; Randy L. Tubbs, Ph.D.; Michael E. Barsan, REHS-RS; Keith G. Crouch, Ph.D.; William J. Murphy, Ph.D.; Robert D. Will- son, MS, CIH, Eric J. Esswein, MSPH, CIH, CIAQP; and Mark F. Boeniger, MS, CIH. 23Firing Ranges Sue Afanuh, Vanessa Becks, Diana Camp- bell, Gino Fazio, and Anne Votaw provided editorial and production services. Please direct any comments, questions, or requests for additional information to the following: W. Gregory Lotz, Ph.D. Director, Division of Applied Research and Technology National Institute for Occupational Safety and Health 4676 Columbia Parkway Cincinnati, OH 45226 Telephone: 513–533–8462; or call CDC–INFO (1–800–232–4636) TTY: 1–888–232–6348 E-mail: cdcinfo@cdc.gov We greatly appreciate your assistance in protecting the health of U.S. workers. Christine M. Branche, Ph.D. Acting Director, National Institute for Occupational Safety and Health Centers for Disease Control and Prevention REFERENCES ACGIH [2001]. Documentation of the threshold limit values and biological exposure indices, 7th Edition. Cincinnati, OH: American Conference of Governmen- tal Industrial Hygienists. ACGIH [2004]. Industrial ventilation: a manual of recommended practice, 25th Edition. Cincinnati, OH: American Conference of Governmental Industrial Hy- gienists. ACGIH [2006]. 2006 TLVs and BEIs: threshold limit values for chemical substances and physical agents. 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Recommendations for Medical Management of Adult Lead Exposure. Environmental Health Perspectives, 115(3):463-471. [http://www.ehponline.org/mem- bers/2006/9784/9784.html]. Lalande NM, Hetu R, Lambert J [1986]. Is occupa- tional noise exposure during pregnancy a risk factor of damage to the auditory system of the fetus? Am J Ind Med 10(4):427–435. Levin SM, Goldberg M [2000]. Clinical Evaluation and Management of Lead-Exposed Construction Workers. Am J Ind Med 37(1):23–43. Lewis RD, Condoor S, Batek J, Ong KH, Backer D, Sterling D, Siria J, Cheng JJ, Ashley P [2006]. Re- moval of Lead Contaminated Dust from Hard Sur- faces. Env Sci Technol 40(2):590–594. Morata, TC [2007]. Promoting hearing health and the combined risk of noise-induced hearing loss and ototoxicity. Audiological Medicine, 5(1): 33–40. Murphy WJ, Tubbs RL [2007]. Assessment of Noise Exposure for an Indoor and Outdoor Firing Range. J Occup Env Hyg 4:688–697. NASR [2004]. Lead management and OSHA compli- ance for indoor shooting ranges. National Associa- tion of Shooting Ranges, Newtown CT. Niemtzow RC [1993]. Loud noise and pregnancy. Military Medicine 158(1):10–12. Novotny T, Cook M, Hughes J, Lee S [1987]. Lead exposure in a firing range. Am J Public Health 77:1225–1226. NRA [1999]. The NRA range source book: a guide to planning and construction. Fairfax, VA: National Rifle Association, Range Department, Field Operations Di- vision. NSSF [2006]. National Shooting Sports Foundation. Newton, CT. [www.nssf.org/IndustryResearch/index. cfm] NIOSH [1975]. Lead exposure and design consider- ations for indoor firing ranges. Cincinnati, OH: U.S. Department of Health, Education, and Welfare, Cen- ters for Disease Control and Prevention, National In- stitute for Occupational Safety and Health, NIOSH HEW NO. 76–130. NIOSH [1986]. Health Hazard Evaluation and Tech- nical Assistance Report: Federal Reserve Bank. Cin- cinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, NIOSH HETA Report No. 86–0269–1812. NIOSH [1991]. Health Hazard Evaluation and Tech- nical Assistance Report: FBI Academy, Quantico, VA. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute for Occupa- tional Safety and Health, NIOSH HETA Report No. 91–0346–2572. NIOSH [1992a]. Recommendations for occupational safety and health: compendium of policy documents and statements. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, DHHS (NIOSH) Publication No. 92–100. NIOSH [1992b]. Health Hazard Evaluation Report, Delaware County Resource Recovery Facility, Ches- ter, Pennsylvania. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA Report No. 91–0366–2453. NIOSH [1994]. NIOSH Manual of Analytical Methods (NMAM®). 4th ed. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National 25Firing Ranges Institute for Occupational Safety and Health, DHHS (NIOSH) Publication No. 94–113. NIOSH [1995]. Health Hazard Evaluation and Tech- nical Assistance Report: Colorado State Patrol Train- ing Academy. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA Report No. 95–0290–9221. NIOSH [1996]. Health Hazard Evaluation Report, Standard Industries, San Antonio Texas. Cincinnati, OH: U.S. Department of Health and Human Ser- vices, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occu- pational Safety and Health, NIOSH HETA Report No. 94–0268–2618. NIOSH [1997]. Health Hazard Evaluation and Tech- nical Assistance Report: Forest Park Police Depart- ment, Forest Park, OH. Cincinnati, OH: U.S. Depart- ment of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA Report No. 97–0255–2735. NIOSH [1998]. Criteria for a recommended stan- dard—Occupational noise exposure (revised criteria 1998). Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, DHHS (NIOSH) Publication No. 98–126. NIOSH [1999]. Interim Health Hazard Evaluation Report, Yuasa Inc. Sumpter South Carolina. Cincin- nati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occu- pational Safety and Health, NIOSH HETA Report No. 99–0188. NIOSH [2003]. Health Hazard Evaluation and Tech- nical Assistance Report: Fort Collins Police Services, Fort Collins, CO. Cincinnati, OH: U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA No. 2002–0131–2898. NIOSH [2004]. Research to Practice. www.cdc.gov/ niosh/r2p/. Accessed June 20, 2006. Price GR [1989]. Hazard from weapons impulses: Histological and electrophysiological evidence. J Acoust Soc Am 85(3):1245–1254. State of Alaska [2003]. School rifle teams exposed to lead at indoor firing ranges, Bulletin No. 1, An- chorage, AK: State of Alaska, Department of Health and Social Services, Epidemiology Bulletin. Tripathi RK, Sherertz PC, Llewellyn GC, Armstrong CW [1991]. Lead exposure in outdoor firearm instruc- tors. Am J Public Health. 81(6): 753–755 USACE [1990]. Design manual for indoor firing rang- es. CEHND 1110–1–18, Huntsville, AL: U.S. Army Corps of Engineers. USN [2002]. U.S. Navy Environmental Health Cen- ter. Indoor Firing Ranges Industrial Hygiene Techni- cal Guide. Technical Manual NEHC–TM6290.99–10. Portsmouth, VA: U.S. Department of Defense, De- partment of the Navy. Valway SE, Martyny JW, Miller JR, Cook M, Mangione EJ [1989]. Lead absorption in indoor firing range us- ers. Am J Public Health, 79:1029–1032. To receive NIOSH documents or more information about occupational safety and health topics, contact NIOSH at1–800–CDC–INFO (1–800–232–4636)TTY: 1–888–232–6348E-mail: cdcinfo@cdc.govor visit the NIOSH Web site at www.cdc.gov/niosh.For a monthly update on news at NIOSH, subscribe to NIOSH eNews by visiting www.cdc.gov/niosh/eNews.DHHS (NIOSH) Publication No. 2009–136safer • healthier • people™Delivering on the Nation’s promise: safety and health at work for all people through research and preventionDEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health 4676 Columbia Parkway Cincinnati, Ohio 45226–1998 Official Business Penalty for Private Use $300 Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 11 Exhibit 11 Existing Protections in Chapters 18.15, 18.20, 18.22, 18.25, and 18.30 of the Jefferson County Code i Exhibit 11 Existing Protections in Chapters 18.15, 18.20, 18.22, 18.25, and 18.30 of the Jefferson County Code TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................... i CHAPTER 18.15 JEFFERSON COUNTY CODE LAND USE DISTRICTS ................................. 1  Archaeological and Historical Site Regulations. Jefferson County Code 18.15.090. ....... 1  Forest Resource Districts Regulations. Jefferson County Code 18.15.150. .................... 1 CHAPTER 18.20 JEFFERSON COUNTY CODE PERFORMANCE AND USE SPECIFIC STANDARDS ............................................................................................................................. 1  Small-scale Recreation and Tourist Use Regulations. Jefferson County Code 18.20.350: 1 CHAPTER 18.22 JEFFERSON COUNTY CODE CRITICAL AREAS ......................................... 4  Aquifer Recharge Area Report Requlations. Jefferson County Code 18.22.120. ............ 4  Susceptible Aquifer Recharge Areas and Special Aquifer Protection Areas Regulations. Jefferson County Code 18.22.130. ......................................................................................... 4  Geologically Hazardous Area or its Buffer Protection Regulations. Jefferson County Code 18.22.170. .............................................................................................................................. 5  Habitat Management Plan Regulations. Jefferson County Code 18.22.265. .................... 5  Fish and Wildlife Habitat Conservation Area (FWHCA) and its Buffer Regulations. Jefferson County Code 18.22.270 .......................................................................................... 6  Wetland Buffer Regulations. Jefferson County Code 18.22.310. .................................... 6  Wetland Protection Regulations. Jefferson County Code 18.22.330. .............................. 6  Wetland Mitigation Regulations. Jefferson County Code 18.22.350. ............................... 6 CHAPTER 18.25 JEFFERSON COUNTY CODE SHORELINE MASTER PROGRAM ............... 6  Use Regulations in Each Shoreline Environment Designation. Jefferson County Code 18.25.220. .............................................................................................................................. 6  Critical Areas, Shoreline Buffers, and Ecological Regulation. Jefferson County Code 18.25.270. .............................................................................................................................. 6  Historic, Archaeological, Cultural, Scientific and Educational Resources Protection. Jefferson County Code 18.25.280. ......................................................................................... 7  Shoreline Setbacks and Height Regulations. Jefferson County Code 18.25.300. ........... 8  Vegetation Conservation Regulations. Jefferson County Code 18.25.310. ..................... 8  Water Quality and Quantity Regulations. Jefferson County Code 18.25.320. ................. 8  Dredging Regulations. Jefferson County Code 18.25.360. ............................................. 9  Filling and Excavation Regulations. Jefferson County Code 18.25.370. ......................... 9  Flood Control Structure Regulations. Jefferson County Code 18.25.380. ....................... 9 ii  In-stream Structure Regulations. Jefferson County Code 18.25.390. ............................11  Shoreline Restoration Regulations. Jefferson County Code 18.25.400. .........................12  Structural Shoreline Armoring and Shoreline Stabilization Regulations. Jefferson County Code 18.25.410. ....................................................................................................................12  General Development Standards. Jefferson County Code 18.30.020: ...........................13  Water Supplies Regulations. Jefferson County Code 18.30.030: ...................................14  Sewage Disposal Regulation. Jefferson County Code 18.30.040: .................................14  Density, Dimension, and Open Space Standards. Jefferson County Code 18.30.050. ..15  Grading and Excavation Standards. Jefferson County Code 18.30.060.........................15  Stormwater Management Standards. Jefferson County Code 18.30.070. ......................15  Archaeological and Historic Resources Regulation. Jefferson County Code 18.30.160: 16  On-site Sewage Disposal Best Management Practices in Critical Aquifer Recharge Areas. Jefferson County Code 18.30.180. ............................................................................17  Noise Regulation. Jefferson County Code 18.30.190: ...................................................17 1 CHAPTER 18.15 JEFFERSON COUNTY CODE LAND USE DISTRICTS  Archaeological and Historical Site Regulations. Jefferson County Code 18.15.090. • For applications for development for an area known to be archaeologically or historically significant, no action shall be taken on the application and the applicant shall not initiate any excavation or development activity until the site has been inspected by a qualified archaeologist, historian, or architect, as appropriate. Jefferson County Code 18.15.090(1). • If during excavation or development of a site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity shall be halted, and the administrator shall be notified at once. Jefferson County Code 18.15.090(2).  Forest Resource Districts Regulations. Jefferson County Code 18.15.150. • Subdivision of commercial and rural forest lands for construction or installation of nonresidential purposes must be at least 80 acres in size within the commercial forest designation and 40 acres in size within the rural forest designation and: (i) Facility cannot otherwise be suitably located on undesignated land; (ii) Installation cannot otherwise be accomplished without subdivision; (iii)Facility must be located on the lowest feasible grade of forest land; and (iv) Facility must remove as little land as possible from timber production. Jefferson County Code 18.15.150(2). • 250-foot building setback required for new structures proposed to the located on parcels adjacent to designated forest lands, where adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, with limited exceptions. Jefferson County Code 18.15.150(3)(a). • New structures proposed to the located on parcels adjacent to designated forest lands must provide adequate access for fire vehicles. Jefferson County Code 18.15.150(3)(b). CHAPTER 18.20 JEFFERSON COUNTY CODE PERFORMANCE AND USE SPECIFIC STANDARDS  Small-scale Recreation and Tourist Use Regulations. Jefferson County Code 18.20.350: (1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a rural location and setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the county’s abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572. Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses: (a) Small-scale recreation or tourist uses may include limited and commensurately scaled commercial facilities intended to serve those small-scale recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store, or 2 associated retail sales and services); provided, that the applicant can demonstrate the following to the satisfaction of the approving authority that: (i) The principal demand for the commercial facilities is derived from the principal recreational or tourist use and not the existing and projected rural population; (ii) The associated commercial activities shall be clearly accessory to and dependent upon the primary recreational or tourist uses; (iii) The associated commercial activities, in addition to the principal recreational or tourist use, will not have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties; (iv) The use and associated structure are clearly appropriate and compatible in scale, size, design and function with surrounding uses and environment; (v) The use will not constitute new urban development in a rural area; (vi) The public facilities and services provided are limited to those necessary to serve the associated commercial activities and the principal small-scale recreational or tourist use in a manner that does not permit low-density sprawl; and (vii) All other applicable requirements and standards in this UDC are met. (b) Unless a larger parcel size is specified, minimum lot size shall be five acres, except that no minimum lot size is required for parcels that include a historic site, structure, or landmark. (c) Only one small-scale recreational or tourist use shall be allowed per legal lot of record, with the exception of rural restaurants. (d) Only those buildings or areas specifically approved by the county may be used in the conduct of the business. (e) Parking shall be contained on-site and provided in conformance with this code, including JCC 18.30.100 and 18.30.130. (f) All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and side property lines to protect the character of adjacent and surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 in order to ensure that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential (RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses in the district. (g) All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary access whenever practicable. Access off of state 3 routes, arterials, or major collector roads may be allowed if access improvements or a traffic analysis assures mobility is not degraded. (h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter 18.30 JCC. (i) Any small-scale recreational or tourist use development allowed under this section that proposes to include permanent occupancy on-site residential development may only be permitted subject to: (i) The underlying rural residential density; (ii) A master planned resort (MPR) district designation subject to a legislative action to amend the Comprehensive Plan; or (iii) That necessary for on-site management (e.g., a caretaker’s residence). (j) For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g., location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving authority to ensure that the activity or use, due to proximity, location or intensity: (i) Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture, and mineral lands of long-term commercial significance; (ii) Does not disrupt the character of any surrounding permitted uses; (iii) Is adequately served by public facilities and services (including roadway level of service and minimum fire flow requirements) without the need to extend those services in a manner that promotes low density sprawl; (iv) Adequately protects critical areas including surface and groundwater resources; and (v) Would not cumulatively, in combination with the effects of existing development (or given the probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of the proposed use, create a development pattern that constitutes low density sprawl; require the extension of public facilities or expansion of public services in a manner that promotes low density sprawl; or be otherwise incompatible with or injurious to the rural character of the area; (vi) For designated agricultural lands, converts as little land with prime agricultural soils as practicable into nonagricultural use. (2) If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving authority, the use shall be denied. 4 CHAPTER 18.22 JEFFERSON COUNTY CODE CRITICAL AREAS Chapter 18.22 Jefferson County Code protects critical areas using the following key provisions:  Aquifer Recharge Area Report Regulations. Jefferson County Code 18.22.120. Aquifer recharge area report required for uses that include the following activities that could apply to a CSF: (i) Hazardous waste treatment, storage, and disposal facilities. Jefferson County Code 18.22.120(1)(d) (ii) Storage tanks for petroleum products or other hazardous substances. 18.22.120(1)(f). Detailed requirements for an aquifer recharge area report are contained in Jefferson County Code 18.22.400.  Susceptible Aquifer Recharge Areas and Special Aquifer Protection Areas Regulations. Jefferson County Code 18.22.130. • “In all critical aquifer recharge areas, stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the Stormwater Management Manual for the Puget Sound Basin, as amended, and the stormwater provisions contained in Chapter 18.30 Jefferson County Code.” Jefferson County Code 18.22.130(2). • “All land uses identified in Jefferson County Code 18.22.120 and special aquifer recharge protection areas that are also classified as susceptible aquifer recharge areas (as defined in this article) shall be designated areas of special concern pursuant to WAC Title 246.” Jefferson County Code 18.22.130(3)(a). “Such designation shall identify minimum land area and best management practices for nitrogen removal as design parameters necessary for the protection of public health and groundwater quality.” Jefferson County Code 18.22.130(3)(b). • “Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and be consistent with the Department of Ecology’s standards for construction and installation under Chapter 173-360 WAC.” Jefferson County Code 18.22.130(5). • “Land use activities that generate hazardous waste, which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington Department of Ecology under WAC 173-303-100, or which use, store, or handle hazardous substances, shall be required to prepare and submit a hazardous materials management plan that demonstrates that the development will not have an adverse impact on groundwater quality. The facility owner must update the hazardous materials management plan annually.” Jefferson County Code 18.22.130(7). • “The administrator may require additional mitigating conditions, as needed, to provide protection to all critical aquifer recharge areas to ensure that the subject land or water use action will not pose a risk of significant adverse groundwater quality impacts. The determination of significant adverse groundwater quality impacts will be based on the anti- degradation policy included in Chapter 173-200 WAC.” Jefferson County Code 18.22.130(9). • “The Washington State Department of Ecology regulates well drilling pursuant to the Water Well Construction Act. Proposed wells, including those exempt from permitting requirements, must be sited at least 100 feet from ‘known or potential sources of contamination,’ which include “sea-salt water intrusion areas” (WAC 178-160-171), unless 5 a variance is obtained from Ecology per WAC 173-160-106. Jefferson County Code 18.22.130(8).  Geologically Hazardous Area or its Buffer Protection Regulations. Jefferson County Code 18.22.170. • Requires a drainage and erosion control plan “when the project application involves either of the following: (i) The alteration of a geologically hazardous area or its buffer; or (ii) The creation of a new parcel within a known geologically hazardous area.” Jefferson County Code 18.22.170(2)(a). Drainage and erosion control plans “shall discuss, evaluate and recommend methods to minimize sedimentation of adjacent properties during and after construction.” Jefferson County Code 18.22.170(2)(b). Detailed requirements for a drainage and erosion control plan are contained in Jefferson County Code 18.22.410. • Requires additional clearing and grading protections for geologically hazardous areas in addition to general clearing and grading provisions in Chapter 18.30 Jefferson County Code. Jefferson County Code 18.22.170(3). • Requires vegetation retention for geologically hazardous areas. Jefferson County Code 18.22.170(4). • Requires buffers and buffer marking for geologically hazardous areas. Jefferson County Code 18.22.170(5) and Jefferson County Code 18.22.170(6). • Requires a geotechnical report “when the application involves either of the following: (i) The alteration of a landslide hazard area or its buffer. (ii) The creation of a new parcel within a known landslide hazard area. (iii) The construction of a publicly owned facility in a designated seismic hazard area.” Jefferson County Code 18.22.170(9)(a). A project cannot be approved if a geotechnical report does not certify all of the following: “(i) There is minimal landslide hazard as proven by a lack of evidence of landslide activity in the vicinity in the past; (ii) An analysis of slope stability indicates that the proposal will not be subject to risk of landslide, or the proposal or the landslide hazard area can be modified so that hazards are eliminated; (iii) The proposal will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions; (iv) The proposal will not decrease slope stability on adjacent properties; and (v) All newly created building sites will be stable under normal geologic and hydrogeologic conditions (if applicable).” Jefferson County Code 18.22.170(9)(b). “Where a geotechnical report is required for a seismic hazard area, the project application shall not be approved unless the geotechnical report demonstrates that the proposed project will adequately protect the public safety.” Jefferson County Code 18.22.170(9)(c). Detailed requirements for a geotechnical report are contained in Jefferson County Code 18.22.420. • Protects species and habitats of local importance, including wildlife corridors, that are not covered by the federal and state sensitive, threatened, or endangered species regulations. CC 18.22.220.  Habitat Management Plan Regulations. Jefferson County Code 18.22.265. Habitat management plan required, “When a development proposal is located on lands which may contain a habitat for a protected species other than bald eagle nesting territories, or when the applicant proposes to alter, decrease or average the standard buffer, a habitat management plan (HMP) shall be required, consistent with the requirements of Jefferson County Code 18.22.440.” Detailed requirements for a habitat management plan report are contained in Jefferson County Code18.22.440. 6  Fish and Wildlife Habitat Conservation Area (FWHCA) and its Buffer Regulations. Jefferson County Code 18.22.270. • Requires a drainage and erosion control plan for any Fish and Wildlife Habitat Conservation Area and its buffer. Jefferson County Code 18.22.270(2). Detailed requirements for a drainage and erosion control plan are contained in Jefferson County Code 18.22.410. • Requires a grading plan for any Fish and Wildlife Habitat Conservation Area and its buffer. Jefferson County Code 18.22.270(3). Detailed requirements for a grading plan are contained in Jefferson County Code 18.22.430. • Requires vegetation retention for any Fish and Wildlife Habitat Conservation Area and its buffer. Jefferson County Code 18.22.270(4). • Requires buffers for any Fish and Wildlife Habitat Conservation Area and its buffer. Jefferson County Code 18.22.270(5). • Requires buffer marking for any Fish and Wildlife Habitat Conservation Area and its buffer. Jefferson County Code 18.22.270(8).  Wetland Buffer Regulations. Jefferson County Code 18.22.310.  Wetland Protection Regulations. Jefferson County Code 18.22.330. • Wetland delineation required. Jefferson County Code 18.22.330(2). Detailed requirements for a wetland delineation report are contained in Jefferson County Code 18.22.450. • Provides wetland buffer standard requirements. Jefferson County Code 18.22.330(3) and Jefferson County Code 18.22.330(6). • Requires a drainage and erosion control plan. Jefferson County Code 18.22.330(4). • Requires buffer marking. Jefferson County Code 18.22.330(5).  Wetland Mitigation Regulations. Jefferson County Code 18.22.350. CHAPTER 18.25 JEFFERSON COUNTY CODE SHORELINE MASTER PROGRAM Chapter 18.25 Jefferson County Code protects shorelines using the following key provisions:  Use Regulations in Each Shoreline Environment Designation. Jefferson County Code 18.25.220. These regulations enforce policies described in Jefferson County Code 18.25.210.  Critical Areas, Shoreline Buffers, and Ecological Regulation. Jefferson County Code 18.25.270. • Requires all shoreline use and development to be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions. Jefferson County Code 18.25.270(2)(a). • Prohibits any use or development that causes the future ecological condition to become worse than current condition. Jefferson County Code 18.25.270(2)(b). 7 • Requires proponents of new shoreline use and development to employ measures to mitigate adverse impacts on shoreline functions and processes. Jefferson County Code 18.25.270(2)(c). • Requires consideration of the cumulative impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements, when determining whether a proposed use or development could cause a net loss of ecological functions. Jefferson County Code 18.25.270(3)(a). • Authorizes the county to require the applicant/proponent of shoreline uses to prepare special studies, assessments and analyses as necessary to identify and address cumulative impacts including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, and other shoreline attributes. Jefferson County Code 18.25.270(3)(b). • Requires a minimum shoreline buffer of 150 feet for marine shores and stream/river shores and 100 feet for lake shores. Jefferson County Code 18.25.270(3)(c). • Requires vegetation maintenance in shoreline buffers. Jefferson County Code 18.25.270(3)(h). • Requires increased shoreline buffers where the development would be: (i) Susceptible to severe erosion resulting in adverse impacts to the shoreline; (ii) Susceptible to health and safety risks caused by stream or river channel migration; (iii) Susceptible to health and safety risks caused by flooding – from sea, river/stream; or, (iv) On steeply sloped (greater than 25 percent) land adjacent to the ordinary high water mark. Jefferson County Code 18.25.270(3)(k).  Historic, Archaeological, Cultural, Scientific and Educational Resources Protection. Jefferson County Code 18.25.280. • Requires preservation and protection of shoreline historic, archaeological, and cultural resources that are recorded by the Washington State Department of Archaeology and Historic Preservation and resources that are inadvertently discovered during use or development activities. Jefferson County Code 18.25.280(2)(a). • Requires that all feasible means shall be employed to ensure that fore shorelines. data, structures, and sites having historical, archaeological, cultural, scientific, or educational significance are preserved, extracted, or used in a manner commensurate with their importance. Jefferson County Code 18.25.280(2)(b). • Requires prohibition or postponement of a shoreline use for any use or development that poses a threat to historic, archaeological, cultural, scientific, and educational resources. Jefferson County Code 18.25.280(2)(d). • For shoreline properties within 500 feet of a known or probable historic, archaeological, or cultural site: (i) Requires notification to affected tribes and agencies such as the State Department of Archaeology and Historic Preservation of the proposed activity including timing, location, scope, and resources affected; and, (ii) Requires the applicant to provide a cultural resource site assessment prior to development unless the administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic, archaeological, cultural, scientific and educational resources. Jefferson County Code 18.25.280(3)(a). • Requires a detailed cultural resources management plan for shoreline development where a cultural resource site assessment identifies the presence of significant historic or archaeological resources. historic, archaeological, cultural, scientific, and educational resources. Jefferson County Code 18.25.280(3)(b). 8  Shoreline Setbacks and Height Regulations. Jefferson County Code 18.25.300. • Requires building and sideyard setbacks from shoreline buffer. Jefferson County Code 18.25.300(2). • Requires building height limits when such a height will obstruct the view of a substantial number of residences on or adjoining such shorelines. Jefferson County Code 18.25.300(2).  Vegetation Conservation Regulations. Jefferson County Code 18.25.310. • Requires demonstration with the policy requirements in Jefferson County Code 18.25.310(1). Jefferson County Code 18.25.310(2)(b). • Requires vegetation management to maintain views. Jefferson County Code 18.25.310(2)(c). • Vegetation management proposals may be denied if they result in an adverse effect to: (A) Slope stability; (B) Habitat value; (C) Health of surrounding vegetation; (D) Risk of wind damage to surrounding vegetation; (E) Nearby surface or ground water; or, (F) Water quality of a nearby water body. Jefferson County Code 18.25.310(2)(c). • Requires maintenance of existing shoreline vegetation to the maximum extent possible, with limited exceptions. Jefferson County Code 18.25.310(2)(d). • Requires restoration or enhancement of shoreline vegetation using native species approved by the county that are of a similar diversity, density, and type to that occurring in the general vicinity of the site prior to any shoreline alteration. Jefferson County Code 18.25.310(2)(f). • Requires management of vegetative debris. Jefferson County Code 18.25.310(2)(i).  Water Quality and Quantity Regulations. Jefferson County Code 18.25.320. • Requires that all shoreline uses and activities to use effective erosion control methods during both project construction and operation. At a minimum, effective erosion control methods shall require compliance with the current edition of the Department of Ecology’s Stormwater Management Manual, NPDES General Permit requirements, and the stormwater management provisions of JCC 18.30.070. Jefferson County Code 18.25.320(2)(a). • To avoid water quality degradation by malfunctioning or failing septic systems, requires that on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards. Jefferson County Code 18.25.320(2)(b). • Prohibits use of materials they may come into contact with water to non-toxic materials. Jefferson County Code 18.25.320(2)(c). • Requires that materials used for decking or other structural components be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Jefferson County Code 18.25.320(2)(c). • Prohibits wood treated with creosote, copper chromium arsenate or pentachlorophenol in shoreline water bodies. Jefferson County Code 18.25.320(2)(c). • Prohibits discharging solid wastes, liquid wastes and untreated effluents to any ground water or surface water or to be discharged onto land. Jefferson County Code 18.25.320(2)(d). 9 • Prohibits the release of oil, chemicals, genetically modified organisms, or hazardous materials onto land or into the water. Jefferson County Code 18.25.320(2)(d).  Dredging Regulations. Jefferson County Code 18.25.360. • Limits dredging to specific approved uses. Jefferson County Code 18.25.360(3)(c). • Prohibits dredging for flood management purposes, except in limited circumstances. Jefferson County Code 18.25.360(3)(d). • Prohibits dredging for the primary purpose of obtaining material for landfill, upland construction, or beach nourishment. Jefferson County Code 18.25.360(3)(f). • Prohibits maintenance dredging except within the existing footprint in accordance with previous approved plans. Jefferson County Code 18.25.360(3)(g). • Regulates dredge disposal. Jefferson County Code 18.25.360(4) .  Filling and Excavation Regulations. Jefferson County Code 18.25.370. • Prohibits filling and excavation at on shorelines unless part of an approved shoreline use or development activity, subject to the requirements of the primary use or development. Jefferson County Code 18.25.370(3)(a). • When allowed, requires that filling and/or excavation shall be located, designed, and carried out in a manner that: (i) Minimize adverse impacts on the shoreline environment; (ii) Blend in physically and visually with natural topography, so as not to interfere with appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline; and, (iii) Does not require shoreline armoring or stabilization to protect materials placed unless it is part of an approved shoreline restoration project and shoreline armoring or stabilization measures are needed to keep the material in place. Jefferson County Code 18.25.370(3)(c). • Requires fill materials placed within shoreline jurisdiction shall be from an approved source and shall consist of clean sand, gravel, soil, rock, or similar material. Jefferson County Code 18.25.370(3)(d). • Prohibits the use of contaminated material or construction debris. Jefferson County Code 18.25.370(3)(d). • Prohibits fill placed waterward of the ordinary high water mark when alternatives are infeasible and then only in limited circumstances. Jefferson County Code 18.25.370(3)(e). • Unless the county determines that fill or excavation issues are adequately addressed via another regulatory review process, all proposals for filling or excavation must provide the following information: (i) A description of the proposed use of the fill area; (ii) A description of the fill material, including its source, and physical, chemical and biological characteristics; (iii) A description of the method of placement and compaction; (iv) A description of the location of the fill relative to natural and/or existing drainage patterns; (v) A description and map of the fill area and depth relative to the ordinary high water mark; (vi) A description of proposed means to control erosion and stabilize the fill; (vii) A temporary erosion and sediment control (TESC) plan; and, (viii) A description of proposed surface runoff control measures. Jefferson County Code 18.25.370(3)(g).  Flood Control Structure Regulations. Jefferson County Code 18.25.380. 10 • Where not prohibited, flood control structures require a shoreline conditional use permit. Jefferson County Code. 18.25.380(2). • Flood control structures prohibited, unless there is credible engineering and scientific evidence that: (i) They are necessary to protect existing, lawfully established development; (ii) They are consistent with Chapters 15.15 and 18.30 JCC and the county Comprehensive Plan; (iii) Nonstructural flood hazard reduction measures are infeasible; and, (iv) Proposed measures are consistent with an adopted comprehensive flood hazard management plan if available. Jefferson County Code 18.25.380(3)(a). • When permitted, requires that flood control structures be: (i) Constructed and maintained in a manner that does not degrade the quality of affected waters or the habitat value associated with the in-stream and riparian area; (ii) Placed landward of the OHWM except for weirs, current deflectors and similar structures whose primary purpose is to protect public bridges and roads; (iii) Placed landward of associated wetlands and designated habitat conservation areas, except for structures whose primary purpose is to improve ecological functions; (iv) Designed based on engineering and scientific analyses that provide the highest degree of protection to shoreline ecological functions or processes; (v) Designed to allow for normal ground water movement and surface runoff. Natural in- stream features such as snags, uprooted trees, or stumps should be left in place unless they are actually causing bank erosion or higher flood stages; and, (vi) Designed to allow streams to maintain point bars and associated aquatic habitat through normal accretion so that the stream can maintain normal meander progression and maintain most of its natural storage capacity. Jefferson County Code 18.25.380(3)(b). • When permitted, requires that dikes and levees be limited to that height required to protect adjacent lands from the predictable annual flood unless it can be demonstrated through hydraulic modeling that a greater height is needed and will not adversely impact shoreline ecological functions and processes. Jefferson County Code 18.25.380(3)(c). • Prohibits flood control works on estuary or embayment shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration. Jefferson County Code 18.25.380(3)(d). • Prohibits flood control structures and stream channelization projects that damage fish and wildlife resources, recreation, or aesthetic resources, or create high flood stages and velocities. Jefferson County Code 18.25.380(3)(e). • Prohibits use of solid waste such as motor vehicles, derelict vessels, appliances, or demolition debris; construction of flood control works. Jefferson County Code 18.25.380(3)(f). • Requires that flood control structures not adversely affect valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided banks. Jefferson County Code 18.25.380(3)(g). • Requires flood control structures to be professionally engineered and designed prior to final approval. Jefferson County Code 18.25.380(3)(h). • Requires the design be consistent with the Department of Fish and Wildlife Aquatic Habitat Guidelines and other applicable guidance and regulatory requirements. Jefferson County Code 18.25.380(3)(h). • Requires flood control structures be installed or constructed without the developer having obtained all applicable federal, state, and local permits and approvals, including but not 11 limited to a Hydraulic Project Approval from the Department of Fish and Wildlife. Jefferson County Code 18.25.380(3)(i). • Requires that for removal of beaver dams to control or limit flooding shall be allowed that the project proponent coordinate with the Department of Fish and Wildlife and obtain all necessary permits and approvals from the state. Jefferson County Code 18.25.380(3)(j). • Authorizes the county to require the proponent to prepare a mitigation plan that describes measures for protecting shoreline and in-stream resources during construction and operation of a flood control structure. Jefferson County Code 18.25.380(3)(l).  In-stream Structure Regulations. Jefferson County Code 18.25.390. • Where not prohibited, in-stream structures require a shoreline conditional use permit. Jefferson County Code. Jefferson County Code 18.25.390(2). • Prohibits dams and associated power generating facilities, except in the rare instance where there is clear evidence that the benefits to county residents outweigh any potential adverse ecological impacts. Jefferson County Code 18.25.390(3)(a). • When permitted, requires in-stream structures and their support facilities to be: (i) Constructed and maintained in a manner that does not degrade the quality of affected waters or the habitat value associated with the in-stream and riparian area; and, (ii) Located and designed based on reach analysis to avoid the need for structural shoreline armoring. Jefferson County Code 18.25.390(3)(c). • Requires all in-water diversion structures be designed to permit the natural transport of bedload materials. Jefferson County Code 18.25.390(3)(d). • Requires all debris, overburden and other waste materials from construction shall be disposed of in such a manner that prevents their entry into a water body. Jefferson County Code 18.25.390(3)(d). • In-stream structures shall not impede upstream or downstream migration of anadromous fish. Jefferson County Code 18.25.390(3)(e). • Prohibits placement of small-scale power generating microturbines in streams, unless they do not create impoundments and there are no adverse effects on shoreline functions and processes, including but not limited to, stream flow, habitat structure, temperature, and/or water quality. Jefferson County Code 18.25.390(3)(f). • Requires that the county l take appropriate measures and precautions to prevent the proliferation of small-scale power generating apparatus as necessary to prevent cumulative adverse impacts. Jefferson County Code 18.25.390(3)(f). • Requires that any proposed in-stream structure to be professionally engineered and designed prior to final approval. Jefferson County Code 18.25.390(3)(g). • Prohibits installation of any in-stream structure without the developer having obtained all applicable federal, state, and local permits and approvals, including but not limited to a Hydraulic Project Approval (HPA) from the State Department of Fish and Wildlife. Jefferson County Code 18.25.390(3)(h). • Unless the county determines that in-stream structure proposal issues are adequately addressed via another regulatory review process, the proponent of any in-stream structure proposal to provide the following information prior to final approval: (i) A site suitability analysis that provides the rationale and justification for the proposed structure. The analysis shall include a description and analysis of alternative sites, and a thorough discussion of the environmental impacts of each; (ii) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated effects of the project on stream 12 hydraulics, including potential increases in base flood elevation, changes in stream velocity, and the potential for redirection of the normal flow of the affected stream; (iii)A biological resource inventory and analysis prepared by a qualified professional biologist that describes the anticipated effects of the project on fish and wildlife resources; (iv)For hydropower facilities, the proposed location and design of powerhouses, penstocks, accessory structures and access and service roads; (v) Proposed provisions for accommodating public access to and along the affected shoreline, as well as any proposed on-site recreational features; (vi) A description of any plans to remove vegetation and/or revegetate the site following construction; and proposed mitigation plan that describes, in detail, provisions for protecting in-stream resources during construction and operation, and measures to compensate for impacts that resources that cannot be avoided; and, (vii) A description of sites proposed for the depositing of debris, overburden, and other waste materials generated during construction. Jefferson County Code 18.25.390(3)(i).  Shoreline Restoration Regulations. Jefferson County Code 18.25.400. • Where not prohibited, in-shoreline restoration requires a shoreline conditional use permit. Jefferson County Code 18.25.400(2). • Shoreline restoration “must be carried out in accordance with an approved restoration plan and in accordance with the policies and regulations of this program.” Jefferson County Code 18.25.400(3).  Structural Shoreline Armoring and Shoreline Stabilization Regulations. Jefferson County Code 18.25.410. • Prohibits replacement of existing nature shoreline armoring in kind, unless there is a demonstrated need to protect public transportation infrastructure, essential public facilities, and primary structures from erosion caused by currents, tidal action, or waves and all of the following apply: (i) The replacement structure is designed, located, sized, and constructed to assure no net loss of ecological functions; (ii) The replacement structure performs the same stabilization function of the existing structure and does not require additions to or increases in size; and, (iii) The replacement structure shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure. Jefferson County Code 18.25.410(3)(a). • Requires removal of older structures as new ones are put in place, unless removal would cause more ecological disturbance than leaving the remnant structure in place. Jefferson County Code 18.25.410(3)(b). • Land subdivisions shall be designed to assure that future development or use of the established lots will not require structural shoreline armoring. Jefferson County Code 18.25.410(4)(a). • Prohibits use of a bulkhead, revetment or similar shoreline armoring to protect a platted lot where no primary use or structure presently exists. Jefferson County Code 18.25.410(4)(b). 13 • Prohibits structural shoreline armoring for the sole purpose of leveling or extending property or creating or preserving residential lawns, yards, or landscaping. Jefferson County Code 18.25.410(4)(c). • Prohibits structural shoreline armoring in or adjacent to lakes and other low energy environments such as bays and accreting marine shores. Jefferson County Code 18.25.410(5)(a). • New structural shoreline armoring may be permitted and existing structural shoreline armoring may be expanded only when one or more of the following apply: (i) When necessary to support a project whose primary purpose is enhancing or restoring ecological functions; (ii) As part of an effort to remediate hazardous substances pursuant to Chapter 70.105 RCW; (iii) When necessary to protect public transportation infrastructure or essential public facilities and other options are infeasible; and,(iv) When necessary to protect an existing, lawfully established primary water-oriented use, including a residence but not including a boathouse or other accessory structure, that is in imminent danger of loss or substantial damage from erosion caused by tidal action, currents, or waves. Jefferson County Code 18.25.410(5)(b). Proposals for new or expanded shoreline armoring also must clearly demonstrate all of the following: (i) The erosion is not being caused by upland conditions, such as the loss of vegetation or poor drainage; (ii) The structural shoreline armoring design is the least environmentally damaging alternative; (iii) The shoreline armoring complies with the flood damage prevention regulations in JCC 18.30.070; (iv) Adverse impacts are fully mitigated according to the prescribed mitigation sequence such that there is no net loss of shoreline ecological functions or processes; and, (v) Alternatives to structural shoreline armoring including vegetative shoreline stabilization, flexible/natural materials and methods, beach nourishment and other forms of bioengineering are determined to be infeasible or insufficient. Jefferson County Code 18.25.410(5)(c). • Requires compliance with shoreline armoring design standards. Jefferson County Code 18.25.410(6). • Requires compliance with bulkhead standards. Jefferson County Code 18.25.410(7). • Requires compliance with revetment standards. Jefferson County Code 18.25.410(8). • Requires compliance with breakwater, jetty and seawall standards. Jefferson County Code 18.25.410(8). Chapter 18.30 DEVELOPMENT STANDARDS  General Development Standards. Jefferson County Code 18.30.020: (1) No building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified in this chapter for the land use district in which it is located; (2) No building or structure shall encroach on any public right-of-way; no building or structure shall encroach on any private easement or right-of-way unless written permission is obtained from the easement grantee or right-of-way owner; (3) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with 14 this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or structure; (4) Except as may be specifically provided elsewhere in this code, only one dwelling unit and one accessory dwelling unit per lot is allowed in those districts that permit residential uses; and (5) All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become inadequate, the applicant shall be required to provide necessary improvements and/or implement alternative measures such as transportation demand management (TDM), project phasing, or other measures acceptable to Jefferson County that will maintain the adopted level of service standards and meet design standards. If transportation facilities are not adequate, Jefferson County shall not approve the proposed development. Transportation facilities shall be deemed adequate if necessary, improvements are planned and designated funding is secured in the Jefferson County Six-Year Transportation Improvement Program.  Water Supplies Regulations. Jefferson County Code 18.30.030: When the development or redevelopment of land requires the availability of a supply of potable water as determined by the administrator, potable water shall be delivered by a means approved by the Washington Department of Health and/or Jefferson County public health. (1) All development must conform to the requirements of Jefferson County public health and the Jefferson County coordinated water system plan regarding the availability and provision of water. (2) Water supply facilities shall be adequate to provide potable water from a public or community water supply source and shall be constructed in conformity to standards of the jurisdictional governmental authority, unless Jefferson County public health approves the use of individual, on-site water supply wells. (3) Water sources and facilities adequate for fire protection purposes shall be provided in all developments to the satisfaction of the Jefferson County fire marshal. Fire flow shall be determined in accordance with the provisions of JCC Title 15, as amended.  Sewage Disposal Regulation. Jefferson County Code 18.30.040: (1) All development shall be provided with an individual, on-site septic system and drainfield approved by Jefferson County public health in compliance with Chapter 8.15 JCC, unless Jefferson County public health determines that public sewer is available which would then require connection to the approved public sewer. 15 (2) Design and construction standards for on-site sewage disposal shall conform to the requirements of Jefferson County public health or the agency having regulatory responsibility for the system.  Density, Dimension, and Open Space Standards. Jefferson County Code 18.30.050. Density, dimension, and open space standards are listed in this section and its Table 6-1 for each zone. There are specific standards in each zone for: • Minimum Rear and Side Setbacks. • Maximum Building Dimensions. • Building Height. • Area of Impervious Surface Coverage. • Area of Building Coverage. • Maximum Building Size.  Grading and Excavation Standards. Jefferson County Code 18.30.060. • Requires all grading and clearing activities to be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties, and downstream drainage channels. Jefferson County Code 18.30.060(1)(a). • Requires drainage and erosion control for all grading activities. Jefferson County Code 18.30.060(2). • Requires use of Best Management Practices (BMPs) from the currently adopted Stormwater Management Manual for Western Washington (WWSMM) (see JCC 18.30.070) or as specified by the county engineer shall be employed in the control of erosion and sediment during construction, to permanently stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Jefferson County Code 18.30.060(3). • Requires SEPA review for project or building permits which involve grading of 500 or more cubic yards are subject to environmental review under the State Environmental Policy Act (SEPA) (see Article X of Chapter 18.40 JCC) unless the grading is SEPA- exempt under WAC 197-11-800. Jefferson County Code 18.30.060(5)(a). • Requires a stormwater management permit when grading involves 500 cubic yards or more, with limited exceptions. Jefferson County Code 18.30.060(5)(b).  Stormwater Management Standards. Jefferson County Code 18.30.070. • Requires all new development and redevelopment must conform to the standards and minimum requirements set by the most current version of the Washington Department of Ecology Stormwater Management Manual for Western Washington (SMM) and obtain a stormwater management permit if required by subsection (5) of this section. The administrator may require additional measures as indicated by the environmental review or other site plan review. Jefferson County Code 18.30.070. • Requires a stormwater management permit for all grading of 500 cubic yards or more (not exempted under JCC 18.30.060(5)(b)), land-disturbing activities of 7,000 square feet or 16 more, or creation of 2,000 square feet or more of impervious surface shall be subject to a stormwater management permit. Jefferson County Code 18.30.070(5). • Applications for a stormwater management permit must contain the following information: (i) Source of fill material and deposition of excess material; (ii) Physical characteristics of fill material; (iii) Proposed methods of placement and compaction consistent with the applicable standards in of the International Building Code; • (iv) Proposed surfacing material; (v) Proposed method(s) of drainage and erosion control; (vi) Methods for restoration of the site; (vii) Demonstration that in-stream flow of water will remain unobstructed; (viii) Demonstration that erosion and sedimentation from outflow channels will be minimized by vegetation or other means; and, (ix) Demonstration that pond runoff will be controlled to protect adjacent property from damage.  Landscaping/Screening Regulation. Jefferson County Code 18.30.130. Landscaping and screening regulations are in Jefferson County Code 18.30.130.  Lighting Regulation. Jefferson County Code 18.30.140. Lighting regulations are in Jefferson County Code 18.30.140.  Archaeological and Historic Resources Regulation. Jefferson County Code 18.30.160: (1) When an application for a permit is received for an area known to contain archaeological artifacts and data as identified by appropriate state, federal or tribal agencies, the county shall not take action on the application and shall inform the applicant thereof, and the applicant shall not initiate any excavation or development activity until the site has been inspected and a written evaluation is provided by a qualified archaeologist. Significant archaeological data or artifacts must be recovered before work begins or resumes on a project. No application will be delayed more than 10 working days for such an inspection. If the application is approved by the county, conditions shall be attached reflecting the recommendations of the archaeologist regarding preservation or protection of the site. (2) All permits shall contain a special provision advising the permit holder that if during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the find must be halted immediately and the administrator must be notified at once. Activities authorized by the permit will not be delayed more than five working days for a finding of significance by the administrator, following the administrator’s receipt of notification, unless the permit holder agrees to an extension of that time period. (3) All development proposed for location adjacent to sites which are listed or are determined by the appropriate state or federal authority to be eligible for listing in the state or national registers of historic places, must be located so as to complement the historic site. Development which degrades or destroys the historical character of such sites is not permitted. 17 (4) Archaeological sites are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW (Archaeological Sites and Records) and must comply with Chapter 25-48 WAC (Archaeological Excavation and Removal Permit). Archaeological excavations are allowed subject to applicable state laws. (5) Identified historical or archaeological resources must be considered in site planning for public parks, public open space, and public access and site planning, with access to such areas designed and managed so as to give maximum protection to the resource.  On-site Sewage Disposal Best Management Practices in Critical Aquifer Recharge Areas. Jefferson County Code 18.30.180. • Requires compliance with Best Management Practices (BMPs) listed in the section. Jefferson County Code 18.30.180. • Requires use of Tables 1 and 2 to determine the type of on-site sewage disposal system required and the minimum lot size in different soil types where public water is available. Lot size requirements are taken from the Washington State On-Site Sewage Code, Chapter 246-272A WAC, Table X. Soil textural classifications and minimum standards for methods of effluent distribution for soil types and depths are taken from Chapter 246- 272A WAC, Tables V and VI, respectively. Jefferson County Code 18.30.180(2)(a). • Prohibits on-site sewage permits in critical aquifer recharge areas where public water systems are not available on lots less than one acre, except when lots sizes do not meet the area requirements specified in Tables 1 and 2, and lot consolidation is impracticable, then an approved composting toilet and greywater treatment system may be permitted. Jefferson County Code 18.30.180(2)(b) and (c). • Requires that permits for composting toilets shall include a condition requiring further treatment of toilet waste at the Port Townsend composting facility or other approved site. Jefferson County Code 18.30.180(2)(c). • Prohibits on-site use or disposal of the toilet-generated compost. Jefferson County Code 18.30.180(2)(c).  Noise Regulation. Jefferson County Code 18.30.190: Subject to any noise mitigation requirements in the State Environmental Policy Act, Chapter 43.21C RCW, related to noise abatement, noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they exist now or may be amended in the future. Jefferson County’s Responses to SEPA Environmental checklist (WAC 197-11-960) January 6, 2020 Exhibit 11