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HomeMy WebLinkAbout180, mination of kettle Tribal cbncerns: pRAFr (9/29116) Developer Task Responsibilities frr^i public acce reservation (BoCC condition "h"/l FSG I T @,4^, ..,,45 Prolo((oJ'Al,+, b+",'f +,,i, \t...1 arr T. r.c[ t D.O - "*-g'?;"#5 3 d0v\J ('t) 0 e) 1 M ,s to be finalized: (BoCC condition "c") o Fire Distriit #4 o Sheriffs Office 0.R" \'s C'qd,*ffi"&0 l,'[*-r,A D.A,' o Jefferson Transit o Housing (Counfiy) ,\l*:j,*,5\*Mi42. Updated Liat of 6meniti6s w/cond Agreement) (BoCC condition "d") Et*. itions for @ ss (address in Development P."n,f-|sJ ws g$"lrtrg ;^ FSEtt 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') DA 5. .The availability of affordable employee housing for positions earning less than 80% of the' average median income (AMl) shall be addressed in the Housing MOU. (BoCC condition ,rgrrl @er,, o a a a a o a 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 elsewherd? 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 a 7 t --) requested (letter dated LlL4/zOLgl a schedule of ground disturbing activities for option/ to be on site during ground disturbances) E@:evaluatetheimpactsofproposalontheculturalintegrityoftheareaand its eligibility to be listed on the National Register of Historic Places o 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 o PGST request: consult with PGST Natural Resources Dept. staffto develop and implement a plan forthe 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 2Ot2 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 mitigatioh, 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 proiect 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 s€cond scientist mutually chosen. Developer bears the financial cost of reports. (BoCC condition "i") @@ F5g r- 5 ,(r* .'Fc wak',,b-/k,n tftvvt<'a't "i ^"c-,r)8. Prior to issuance of a shoreline permitbr 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 cultura! resources management plan: (dress in Development Agreement) (BoCC condition "k" o Jefferson county, localtribes, and DAHP ]o hP o 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. * A *c b,* ,s N+ nzrl{A^ (ffi; /+ willk d^*rr) ,WWtr,lre 2 AN\P, fS€r S\ ne- tr .' 1.1. -1 wflu,rnl nr *f,h-t$ rv\DO;;'^oI-'',-t!}'^;wnalrlu'lf'l2r's''[, 9. More.orpr"hlnsive Wildlife Management Plan - develop in consultation with Tribe and - Jefferson County. (FSEIS HMP was not developed in consultation with PGST and aoes n{ fulfil! the wildlife safety and damage control objectives of Ordinance 01-012808). (BoCC I condition (')J ShU_o PGST request: Consult with PGST/Point no Point Treaty Counci! wildlife biologist to TO D0 develop and implement a plan for the protection of wildlife and the restoration of Vi5-ovrs t*rpU^" 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 4;s mo,plan will also provide information regarding vegetation and habitat preservation in 0";'^natural areas. Should also describe what actions can and will be taken in the event the to D.P-- r 5L.l"*^o^proposed qlk fence doesn't work. Setz-Vo"" e..+6t "V,d l{r^.'t5t;,}i,\ {pd \,nres- . 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 (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. ls there a draft Mitigation Plan?) (The Water Quality Monitoring Plan states "in the event that unacceptable test results are found, all propertv owners surrounding Pleasant Harbor shall be considered partners a act to identify as closely as possible the source and cause. Additional sampling may be needed to identify the source, expense for additional sampline will be the responsibilitv of the propertv 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 dischargTshall 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 3 Un s*) \\ \P V o'o\\t hr^2. d i$? eighboring properties aware they may incur expent"t r"r drff/w::rii, ,a,D.A. o.-! u \t tr adjacent to the project area or amend the existing Draft Water Quality Monitoring Plan to include these protections. This will incorporate the following: a o Water quality monitoring in waters connected to tribal fisheries and shellfish harvesting areas, including monitoring for pollutants An evaluation of alternatives for constructing additional swales and contours near roadways to redirect stormwater runoff away from Hood Canal, particularly in the areas of Phase 1 construction. ) PGST - Revise project management plan to eliminate the use of persistent pollutants and replace them with substances allowed for use under the agricultural national organic program. Provide the draft revised management plan to PGS Natural Resources stafffor review and comment. 3 PGST - Redesign stormwater and wastewater management plans to avoid destruction of wetlands and the alteration and use of kettle ponds B & C for stormwater and treated wastewater storage. (The geochemical process occurring at the seawater/groundwater interface form a critical transition zone, which provides essential ecological functions driven by sediment-associated biota. A reduction in the hydraulic conductivity between the wetlands located within the proposed MPR and the nearshore environment surrounding Black Point will likely affect the chemical constituents available to biota inhabiting this area. For instance, an increase in salinity could negatively affect the productivity of Pacific Oysters). 12. A County-based comprehensive water quality monitoring plan specific to Pleasant Harbor' requiring at least monthly water collection and testing will be developed and approved in coilcert with an adaptive management program p any site-specific action. (address in -d" pc fgr .*, eyfil t An7fin,, * . Development Agreement) (BoCC condAr*!ition "r") Sr L,/\0 -W\r 6\ L$u{ ,"*oD 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 o regarding Tunicates and other invasive species, and shall be required to participate with the ,t County and State agencies in an adaptive management program to eliminate, minimize, and 4 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 a WDFW drafted in October 2010) (address in Development Agreement) (BoCC condition 0. (BoCC condition t^ OStl u+ -*^ua',o Ol'h 15. In keeping with the MPR designation as located in a setting of natural amenities, and in order to satisfu 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, I,taonj n R, the preservation of natural features, historic sites, and public views." In keeping with the ' ."^'^ ^ d;^ Comprehensive Plan Land use Policy 24.9,thesite plan for the MPR shall "be iesigned to bPq'A(lC blend with the natural setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas." Evergreen trees | , 4s undisturbed astd?*ees and shrubs. possible. Statesman shall infill plants where (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 a steep slope setback (up to an additional 30 feet wide in (' ..rplaces) in *.urr) (address in will be enhanced after Regulations at the marina and within 16. In keeping with the approved landscaping and grading plan, and in order to satisff 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 l0l 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 in the parking area and along the and Black Point Road f-ways, while providing adequate visual access from the highway as needed for the retaiUcommercial structure. The building will be placed near the rear property line and adjacent to the stream buffer to take advantage ofthe sloped area of Building Hwy l0l t\e site. specles. native ve stream buffer tecture will share the golf resort. (add to Development Regulations, possibly to Development Agreement)t--:l__- \ (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 en3ure.the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e., l0 inches or more in diameter at breast height (dbh) that are removed during cbnstruction 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 Regulatiols) (BoCC condition "w") # 5 s@Qe 32i*.f,4.try,_rcJ&i$1^ 18. Statesman shall use the LEED (Leadership in Energy and Environmental Design) and "Green built" green building rating system standards. Thesl standards applicable to commercial and 7&JgI^ residential dwellings respectively, "promote design and construction practices that increase Ag€ profitability while ieducing the negative environirental impacts of buildings, and improving F$d^f U\' occupant health and well-being." The Narrative Demonstrating Compliance with the Intent , W#'|," . * of the LEED standards is provided in Section 3.8 and Appendix K of the SEIS. (possibly add f ffi l'1ot toeither0evelopment Regulations or Development Agreement) (BoCC fdt,p,l;I;I tv"^^l 19. There shall be included as a best management practice for the operation and maintenance of a 6n golf course within the MPR that requires the developer to maintain a log of fertilizers, l1L, pesticides, and herbicides used on the MPR site, and this information will be made available tlQorout to the public. Development agreement will address the mgin*enqnce of the golf coursepyld--, chemical application iog. (goCC condition'oy") Ad 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 "2") (Incorporate into the Development Regulations Qfi r"lrat\dN 2l.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 a ratio of 650/o to 35Yo of rental and address in 9€rret'opment kegilo+iofis and Development Agreement). (BoCC condition or, eaLA.r.lpR, 22.Yerification 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 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 identiSr should be mandated that each section be time-shares to permanent residences per ofA 5 D,/1, ,r I 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 M€ Report" was accomplished with the CAC??) (BoCC condition "cc") n n**tr;_%S 24. Statesman Corporation is encouraged to work with community apprentice groups to identiff and advertise job opportunities and local students. (Include in the Development J, t o - Agreement??) (BoCC condition'J[|) AOV]sul * vo.b,\,-- ,u fJ,A G5 .--.rr"--f,.f) 7