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HomeMy WebLinkAbout1791 DRAFT (9/29/16) Developer Task Responsibilities 1. MOU’s to be finalized: (BoCC condition “c”) • Fire District #4 • Sheriff’s Office • Jefferson Transit • Housing (County) 2. Updated List of amenities w/conditions for public access (address in Development Agreement) (BoCC condition “d”) 3. Employment recruitment and contracting (address in Development Agreement) (BoCC condition “e”) 4. Prioritize sourcing of construction materials from within Jefferson county (address in Development Agreement) (BoCC condition “f”) 5. The availability of affordable employee housing for positions earning less than 80% of the average median income (AMI) shall be addressed in the Housing MOU. (BoCC condition “g”) 6. Examination of kettle ponds preservation (BoCC condition “h” & “j”): Tribal concerns: • Cultural, religious, spiritual, and medicinal • Believed to be a source of freshwater for the shellfish (75% of tribal harvest comes from this area) • Wildlife, particularly Elk herd viability • Traditional cultural property evaluation of kettle ponds and wetland area to determine eligibility to National Register • Can stormwater be re-located elsewhere? Possible conservation easement to Tribes for preservation of kettle ponds? • PGST request: schedule site visit to view kettle ponds and other areas of cultural significance • PGST request: provide a biological inventory of plants, amphibians, birds and other species that are currently present in Kettle Ponds B & C and those that were likely present prior to timber harvest and other disturbances • PGST request: consult with PGST Cultural Resource Dept. staff to schedule site monitoring, particularly during ground disturbing activities. (Skokomish Tribe also 2 requested (letter dated 1/14/2013) a schedule of ground disturbing activities for option to be on site during ground disturbances) • PGST request: evaluate the impacts of proposal on the cultural integrity of the area and its eligibility to be listed on the National Register of Historic Places • PGST request: develop a Stewardship Plan that provides for the restoration of traditional plants in the project area and the opportunities for tribal access to cultural resources • PGST request: consult with PGST Natural Resources Dept. staff to develop and implement a plan for the protection and restoration of tribal shellfish resources. This will include the following: o Protection of tidelands adjacent to the project area o Shellfish seeding and enhancement on Duckabush and Dosewallips River beaches where tribal members harvest o Response plans in the event of any water quality incidents or other project- related activities that would result in a downgrade of shellfish harvesting areas by the Washington Statement Department of Health. PGST concern: the Army Corp determination from 2007 expired in 2012 and the document is no longer a valid determination that the wetlands in question are not Waters of the U.S. Request new determination from Corp Wetlands - contingency plan required if project fails to meet the standards. Donna Frostholm comments suggest that mitigation performance bonding be required to ensure funding for mitigation, including contingency measures, and to ensure that annual monitoring reports are submitted. Additionally, wetlands created as mitigation for critical areas cannot be used to meet other code sections (such as the stormwater storage and treatment). 7. Additional studies at project level including a distinct report by a mutually (county & developer) chosen environmental scientist regarding hydrology of kettle ponds being used for water storage shall have peer review by a second scientist mutually chosen. Developer bears the financial cost of reports. (BoCC condition “i”) 8. Prior to issuance of a shoreline permit or preliminary plat, a document reflecting the developer’s written understanding with and among the following shall be executed and recorded with the Auditor that includes a cultural resources management plan: (address in Development Agreement) (BoCC condition “k”) • Jefferson county, local tribes, and DAHP • Monitoring results reviewed with DAHP and tribal representatives prior to adjusting the monitoring schedule. The monitoring plan along with letters of concurrence shall be executed or recorded with the County Auditor prior to approval of Development Agreement. 3 9. More comprehensive Wildlife Management Plan – develop in consultation with Tribe and Jefferson County. (FSEIS HMP was not developed in consultation with PGST and does not fulfill the wildlife safety and damage control objectives of Ordinance 01-012808). (BoCC condition “l”) • PGST request: Consult with PGST/Point no Point Treaty Council wildlife biologist to develop and implement a plan for the protection of wildlife and the restoration of wildlife habitat. The purpose of the plan is to provide protective actions for wildlife including keeping elk herd from crossing the highway to enter the project area. The plan will also provide information regarding vegetation and habitat preservation in natural areas. Should also describe what actions can and will be taken in the event the proposed elk fence doesn’t work. 10. Neighborhood Water Policy (NWP) that establishes the developer to provide access to the water system to any neighboring parcels if saltwater intrusion becomes an issue. NWP needs finalizing. (BoCC condition “p”) (Thought: (1) How are the neighboring properties aware they are located within the same aquifer as Pleasant Harbor’s wells, (2) how are the neighboring properties aware they may incur expenses regarding monitoring). (NWP states if the quarterly monitoring program and evidence of increased chlorides in neighboring wells show a probable salt water intrusion impact on the wells from Pleasant Harbor’s withdrawal of groundwater, Pleasant Harbor will implement a plan to mitigate or minimize such impact by considering lower pumping rates and/or additional points of withdrawal, in addition to recharge. Is there a draft Mitigation Plan?) (The Water Quality Monitoring Plan states “in the event that unacceptable test results are found, all property owners surrounding Pleasant Harbor shall be considered partners and act to identify as closely as possible the source and cause. Additional sampling may be needed to identify the source, expense for additional sampling will be the responsibility of the property owner of the suspected source.”) 11. Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessary to achieve the goal of designing and installing stormwater management infrastructures and techniques that allow no stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils present at the MPR location. Soils must be proven to be conducive to the intended infiltration either in their natural condition or after amendment. Marina discharge shall be treated by a system that reduces contamination to the greatest possible extent. (BoCC condition “q”) FSEIS states measures intended for compliance completed. PGST concern: Consult with PGST Natural Resources Department staff to develop and implement a plan for the protection of water quality in the project area and in waters 4 adjacent to the project area or amend the existing Draft Water Quality Monitoring Plan to include these protections. This will incorporate the following: • Water quality monitoring in waters connected to tribal fisheries and shellfish harvesting areas, including monitoring for pollutants • An evaluation of alternatives for constructing additional swales and contours near roadways to redirect stormwater runoff away from Hood Canal, particularly in the areas of Phase 1 construction. PGST – Revise project management plan to eliminate the use of persistent pollutants and replace them with substances allowed for use under the agricultural national organic program. Provide the draft revised management plan to PGS Natural Resources staff for review and comment. PGST – Redesign stormwater and wastewater management plans to avoid destruction of wetlands and the alteration and use of kettle ponds B & C for stormwater and treated wastewater storage. (The geochemical process occurring at the seawater/groundwater interface form a critical transition zone, which provides essential ecological functions driven by sediment-associated biota. A reduction in the hydraulic conductivity between the wetlands located within the proposed MPR and the nearshore environment surrounding Black Point will likely affect the chemical constituents available to biota inhabiting this area. For instance, an increase in salinity could negatively affect the productivity of Pacific Oysters). 12. 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. (address in Development Agreement) (BoCC condition “r”) 13. The developer must ensure that natural greenbelts will be maintained on Hwy 101 and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature trees between Hwy 101 and the Maritime Village, wetland, and wetland buffers. Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at its expense, shall manage these easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Hwy 101. (address in Development Agreement) (BoCC condition “s”) 14. The marina operations shall conduct ongoing monitoring and maintain an inventory regarding Tunicates and other invasive species, and shall be required to participate with the County and State agencies in an adaptive management program to eliminate, minimize, and 5 fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. (an invasive Tunicate Monitoring Agreement between the applicant and WDFW drafted in October 2010) (address in Development Agreement) (BoCC condition “t”) 15. In keeping with the MPR designation as located in a setting of natural amenities, and in order to satisfy the requirements of the Shoreline Master Program (JCC 18.15.135(1),(2),(6), the greenbelts of the shoreline should be retained and maintained as they currently exist in order to provide for “the screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and public views.” In keeping with the Comprehensive Plan Land use Policy 24.9, the site plan for the MPR shall “be designed to blend with the natural setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas.” Evergreen trees and understory should remain as undisturbed as possible. Statesman shall infill plants where appropriate with indigenous trees and shrubs. (The proposal includes preserving a riparian buffer along the south/southwest bluff of the peninsula. This buffer would permanently preserve the 200-ft wide Shoreline Environment and a steep slope setback (up to an additional 30 feet wide in places) in a conservation easement). (address in Development Regulations) (BoCC condition “u”) 16. In keeping with the approved landscaping and grading plan, and in order to satisfy the intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the buildings should be constructed and placed in such a way that they will blend into the terrain and landscape with park-like greenbelts between the buildings. In order to blend into the terrain, the largest structure within the Maritime Village area (Maritime Village Building, no longer located at the marina but near Black Point Road) would be built into the existing topography, with two stories visible from Hwy 101 to the west and three stories visible internal to the site. Areas of disturbance would include transplanted healthy vegetation from the site, as well as native and low water consumption plants. The landscape plan for the single Marina Village Building will provide native vegetation plantings islands in the parking area and along the Hwy 101 and Black Point Road rights-of-ways, while providing adequate visual access from the highway as needed for the retail/commercial structure. The building will be placed near the rear property line and adjacent to the stream buffer to take advantage of the sloped area of the site. The stream buffer vegetation will be enhanced after removing invasive plant species. Building architecture will share similar features to those at the marina and within the golf resort. (add to Development Regulations, possibly to Development Agreement) (BoCC condition “v”) 17. Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of 10 inches or greater at breast height (dbh). An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e., 10 inches or more in diameter at breast height (dbh) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects. (Possibly include an individual tree survey with health and size?) (address in Development Regulations) (BoCC condition “w”) 6 18. Statesman shall use the LEED (Leadership in Energy and Environmental Design) and “Green Built” green building rating system standards. These standards applicable to commercial and residential dwellings respectively, “promote design and construction practices that increase profitability while reducing the negative environmental impacts of buildings, and improving occupant health and well-being.” The Narrative Demonstrating Compliance with the Intent of the LEED standards is provided in Section 3.8 and Appendix K of the SEIS. (possibly add to either Development Regulations or Development Agreement) (BoCC condition “x”) 19. There shall be included as a best management practice for the operation and maintenance of a golf course within the MPR that requires the developer to maintain a log of fertilizers, pesticides, and herbicides used on the MPR site, and this information will be made available to the public. Development agreement will address the maintenance of the golf course chemical application log. (BoCC condition “y”) PGST concern – Revise project management plan to eliminate the use of persistent pollutants and replace them with substances allowed for use under the agricultural national organic program. Provide the draft revised management plan to PGS Natural Resources staff for review and comment. 20. Statesman shall use the International Dark Sky Association (IDA) Zone E-1 standards for the MPR. These standards are recommended for “areas with intrinsically dark landscapes” such as national parks, areas of outstanding natural beauty, or residential areas where inhabitants have expressed a desire that all light trespass be limited. General guidelines that would be followed to minimize potential light and glare impacts include the following: • Illumination would be to the minimum practical level. • The affected area of illumination would be as confined to specific areas as practical. • The duration of illumination would be as short as practical for Resident Safety. • Illumination technology would minimize the amount of blue spectrum in the light. • Technology would utilize High Efficiency Lighting Standards (Energy Star Guidelines). (BoCC condition “z”) (Incorporate into the Development Regulations) 21. In fostering the economy of South Jefferson County by promoting tourism, the housing units at the Maritime Village should be limited to rentals and time-shares; or, at the very least, it should be mandated that each section be required to keep a ratio of 65% to 35% of rental and time-shares to permanent residences per JCC 18.15.123(2). (address in Development Regulations and Development Agreement). (BoCC condition “aa”) 22. Verification of the ability to provide adequate electrical power shall be obtained from the Mason County Public Utility District. (The applicant in conjunction with Mason County PUD will complete the report on the capacity of infrastructure to serve the energy demands of the project prior to approval of the Development Agreement). (BoCC condition “bb”) 23. Statesman Corporation shall collaborate with the Climate action Committee (CAC) to calculate greenhouse gas emissions (GHGs) associated with the MPR, and identify 7 techniques to mitigate such emissions through sequestration and/or other acceptable methods. Numerous potential mitigation measures are identified and detailed in Section 3.10 and Appendix M of FSEIS. (Not sure if collaboration of the “Greenhouse Gas Emissions Report” was accomplished with the CAC??) (BoCC condition “cc”) 24. Statesman Corporation is encouraged to work with community apprentice groups to identify and advertise job opportunities and local students. (Include in the Development Agreement??) (BoCC condition “dd”)