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HomeMy WebLinkAbout042Michelle Farfan From: David W. Johnson <dwjohnson@co.jefferson.wa.us> Sent: Wednesday, June 29, 20118:05 AM To: Al Scalf; Stacie Hoskins Subject: FW: Statesman-Brinnon MPR -Finding 63(r) FYI From: David Alvarez Sent: Tuesday, June 28, 2011 4:39 PM To: smackie@perkinscoie.com Cc: David W. Johnson Subject: Statesman-Brinnon MPR -Finding 63(r) Hi Sandie: The following e-mail perplexes the Jefferson County planning staff, which understood that your client (upon your legal advice) accepted Finding 63(r) of the adoption ordinance that created the MPR designation (see ordinance #01-1028-08). That Finding did not require Statesman to be an insurer, or to obtain insurance or to be subject to tort liability for water -related issues. It only required Statesman to fund 100% of the necessary water quality monitoring. In light of that the statements of Don Coleman seemingly run directly contradictory to what Finding 63(r) requires. There has been some kind of miscommunication which needs to be cleared up. The text of Finding 63(r) is as follows: r) A County -based comprehensive water quality monitoring plan specific to Pleasant Harbor requiring at least monthly water collection and testing will be developed and approved in concert with an adaptive management program prior to any site-specific action, utilizing best available science and appropriate state agencies. The monitoring plan shall be funded by a yearly reserve, paid for by Statesman, that will include regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition to any onsite monitoring regime You will recall that David W. Johnson is the county's planner on your MPR. Please have a single person, perhaps you, contact either me or David W. Johnson to discuss this matter in more detail. David Alvarez. 360 385-9219 From: Don Coleman[maiIto: don(a)pleasantharbormarina.coml Sent: Monday, June 13, 2011 7:55 AM To: David W. Johnson Cc: 'Garth Mann'; peckassoc@comcast.net; diane pleasantharbormarina.com Subject: water quality agreement Good Morning David Wayne, Garth asked me to forward the below comments regarding the water quality agreement. In order that the Pleasant Harbor Monitoring Program be properly understood within the SETS, we need to establish the guidelines for areas of accountability as it pertains to the Pleasant Harbor Resort. After studying our DNR Lease terms, and conferring with our Insurer ... The Pleasant Harbor Resort has a defined area for testing ..which is within the boundaries of our DNR Lease. Areas inside the lease have been hypothecated by the State to Pleasant Harbor Resort to Manage and therefore Monitor. Areas outside of the Lease are subject to both State and Federal Water Management and Monitoring programs. As one of many users of Pleasant Harbor, we have proposed that an agency such as Jefferson County or DNR or WDFW organize all parties that have access or have water run-off to the Harbor. The purpose of this collaboration is to establish a multi -lateral program for Management and Monitoring of the Harbor. Based on the exposure of each party, they would contribute a nominal fee per month towards a broader level of third party monitoring. This is important, since it is most often difficult to determine where the source of a problem originates. A look at shoreline development between the Harbor entrance south to Quatsap Point shows great potential for negative environmental impact. In this area we see shoreline armoring, exposed bluffs, very large new home construction, landscaping, mooring buoys and docks. In the Harbor there are similar shoreline development, more exposed bluffs, more private docks, another private marina, and recent clearing and construction of large homes. The State boat launch facility has extensive use by tribal commercial boats with vehicles parking on the ramp to load commercial catch, and the state park float frequently has long-term moorage use even though it is intended for short term. Obviously, one party (Pleasant Harbor Resort) cannot accept accountability from a legal or from a water lease aspect. Now that the Resort is NOT developing inside the new SMP setbacks, the Resort's risks are substantially mitigated, especially once the grades are adjusted and fuel tanks are removed and relocated and the Resort has its own Waste Water Treatment Plant operating. Even recently, the Resort has demonstrated the willingness and ability to respond to environmental issues when needed, through the containment of the fuel spill of a derelict vessel that was allowed to remain anchored in the Harbor for months. We are recommending that Jefferson County provide the leadership to initiate a collaborative program of all parties with Access, and Run -Off Exposure to the Harbor in order to establish a simple monthly monitoring program by a third party. Costs would be pro -rated based on traffic uses and risk exposure to the Harbor from fuel spills, septic tank leakage, Tribal commercial vessels, and uncontained run-off from properties, as well as setting standards for drop-off from the State Boat launch. A single Insurer would provide coverage for the Harbor itself, with each party contributing to the policy premiums. The aforementioned recommendations need to be addressed. We are unable to provide a meaningful report for SEIS without the guidelines clearly understood. Thank you for responding to the issues that will become a real benefit to the Harbor, as well as a future indicator of dealing with the serious issues of protecting Hood Canal. Don Coleman for Pleasant Harbor Resort Don Coleman Pleasant Harbor Marina Maintenance and Security supervisor don@pleasantharbormarina.com Cell: 206-714-1482