HomeMy WebLinkAbout063Michelle Farfan
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Susan Porto < SPorto@co jefferson.wa.us >
Wednesday, April26,20L7 4:L3 PM
Michelle Farfan
Stuart Whitford
RE: Draft Neighborhood Water Policy for Pleasant Harbor MPR
Neighborhood Water Supply Program comments 4-20L7 SP.DOCX; Brinnon Master Plan
Resort site plan comments 4-26-17 sp JCPH.docx; PHR monitoring plan comments
4-26-L7 sp jcph.docx; RE:Water Right Permit G2-30436 for Brinnon Master Planned
Resort project (9.64 KB)
Michelle,
I have made comment in the attached documents, some of which I converted from PDF's to Word which caused some
issues with grammar - spelling. Let me know if you have questions regarding my comments.
Also keep in mind the comments by Marie Peter, attached within the outlook e-mail above, regarding the water right
and modification that need to be completed.
Thank you for the opportunity
Susan
SusLw Porto, R^S
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From: Michelle Farfan
Sent: Tuesday, March 14,2017 10:36 AM
To: Susan Porto <SPorto@co.jefferson.wa.us>
Cc: Stua rt Wh itford <SWh itfo rd @co.jeffe rso n.wa. us>
Subject: Draft Neighborhood Water Policy for Pleasant Harbor MPR
1
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Hi Susan and Stuart
I have attached a draft Neighborhood Water Policy as required by Ordinance 01-0128-08 (also attached); specifically
condition63pasimposedbytheBOCCforthePleasantHarborMPR. lattachedthepreferredalternativemapfromthe
FSEIS as well.
Please review the draft Policy and let me know if you have any comments, additions, deletions, etc. on or before April
37,2077. Once finalized, this Policy will become an appendix to the Development Agreement and recorded with the
county Auditor. As you may know, I will have to present the Development Regulations and Development Agreement
with a staff report to the BOCC for their consideration.
Thank you for your time,
Michelle Farfan
Associate Planner, Brinnon MPR Lead
Jefferson County Department of Community Development
621 Sheridan
Port Townsend WA 98368
V: 360-379-4463
F: 360-379-4451
mfarfa n (oco. iefferson.wa.us
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the
Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail
and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from
production to the requester according to state law, including RCW 42.56 and other state laws.
2
le t e esn r'r r] n l B P g_B N E_lg !-! q o R H o o D wAI E B g ll.l | l-Y PROGRAM
APPLICATION NO. G2-30435
February 24,2OLO
The following four elements to protect existing water rights concern water right
application no. G2-30436.
1 Monitorino Proqram
This monitoring program meets and exceeds all requirements for a High Risk SIPZ
zone as defined by Jefferson County. Though Pleasant Harbor is not located in a
high-risk zone, the resort has committed these resources to assure its neighbors
and the County that the aquifer is being wisely used and protected. A copy ofthe
Pleasant Harbor Groundwater Monitoring Plan, as revised February, 2010, is
attached and incorporated herein ("monitoring plan") .The following summarizes
the monitoring program.
(a) Water quality samples will be collected on a quarterly
(b) Flow meters will be linstalle4
(c) Pleasant Harbor will have a very thorough network of monitoring
wells (8) which will be used to document draw down conditions in the
aquifer.
(d) The network will include monitoring aquifer salinity conditions on
one-half hour increments.
e The locations of Pleasant Harbor wells will be located over 1 ,000 feet from
any neighboring well or the shoreline.
(f) The existing well has supplied water at similar to proposed rates with
no adverse impacts (chlorides = ql.-
(g) Hydrogeologic analysis is completed.
h Pleasant Harbor will route all site water into the aquifer in such a
manner that the aquifer will actually be receiving more water than
under existing natural conditions.
Commented [SPU:
Commented [SPsl: For a limited time at proposed rates.
Commented [SP6l: Water quality monitorint should be
continued for 5 years beyond full build out and which time
review may reduce the requirement
(ihhis program will be continued for five
full build-outt whichever is llonge
years
,l
or until the resort has achieved
Commented [SP2l: This would be for chlorides and
nitrates per the monitoring plan?
Commented [SP3R2l:
commented [sP4l: And flow documented monthly
Neighborhood Water Supply Program - Page r
2. Recharge Areas. Pleasant Harbor will set aside recharge areas to mitigate an
impact scenario or provide access (connect) to neighboring parcels to the Pleasant
Harbor water system in the event of a problem with increased chlorides (we also
have the option to drill them a new well). The identification of an impact is already
presented in the County's SIPZ lprogram[
3. lnitial Mitiqation Measures. lf the 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 adding points of withdrawal, in addition to recharge
as provided in paragraph 2 above.
4. Water Supplv Replacement. ln Jefferson County's approval of the FEIS
completed for Pleasant Harbor, Jefferson County has included condition P, the
Neighborhood Water Policy, which requires Pleasant Harbor to provide access to
its water system by a ny neighboring parcels if salt water intrusion becomes a n issue
for neighboring wells on Black Point. Statesman proposes to expand and define the
terms of this policy as a condition of the water rights, as follows.
lf the initial mitigation measures stated in paragraphs 2 and 3 above do not
correct or resolve the salt water impacts detected by the monitoring program,
Pleasant Harbor will offer at its cost sufficient mitigation and/or replacement
water for potable water for any existing home on a well that has an increase in
chloride levels as follows and under the following conditions
(a) The neighboring resident's well is within the radius of influence of
the Pleasant Harbor wells. Until such time that Ecology has
sufficient evidence to delineate this area of influence, wells located
on the Black Point Peninsula in the same aquifer as Pleasant
Harbor's wells are covered by this neighborhood policy.
(b) The well owner provides conclusive evidence that, over a
[tatistical( reLeyelt petie4 9l !!Oe, lt']gfide leyel: f,ere LlSfeeleC
over chloride levels in the well prior to Pleasant Harbor's use of
groundwater, including but not limited to, evidence that the
increase in chloride levels is from the Pleasant Harbor groundwater
use and not from the construction of the well owner's well and the
data from the monitoring program is consistent with the increase
in chlorides. As a default standard, Pleasant Harbor will provide an
alternative water supply if chlorides in a well exceed baseline (pre-
Pleasant Harbor groundwater use) by t5% that results in levels
above 200 m$/l; or levels increase by 30% that results in levels
above 100 mg/l over a 12-month period (250 mg/l is the SDWA
sta nda rd).
Commented [SP7l: Need to specify for the record not
just reference our protram.
Commented [SP8l: ls there some kind of notification
process for the adjacent well owners to be aware that
samplint must be conducted on their wells prior to
development to be able to have relief in this section if
chloride levels elevate in their well after development? Can
we require a public notice to ensure land owner are
informed?
commenred [sP9R8]:
Neighborhood Water Supply Program - Page z
(c) Pleasant Harbor has the right to request additional evidence from
the resident showing that the Pleasant Harbor groundwater
withdrawal is the cause of the increase in chlorides if the increase
is isolated to one wellthe increase is likelycaused by another problem,
and the only reasonable water replacement is a new well.
(d) lrt"l Ecllte{lc prcry ry{! De sqllr!,edIqr!iv-e ye-er,s qr e!!il !.!9 -..resort has achieved full build-out, whichever is longer. After this
period, the level of monitoring may be decreased unless there is
significant data showing increased chlorides, and Ecology
determines the monitoring program must be continued.
lf Pleasant Harbor provides replacement water from the Pleasant
Harbor system, it may apply for consolidation of the water rights
under RCW s0 aa.l10t. rhe wql[ow19r w]!1*C!re ?!y glaim! ?C?l!!!
Ecology or against Pleasant Harbor for any impairment of the water
right if Pleasant Harbor offers a reasonable alternative source as
provided above.
Commented [SP10]: ngain the monitoring program
should extend beyond (five years?) full build out because
that is when likely impacts will occur.
Commented [SP11l: To be clear, the well must be
decommissioned for this consolidation in accordance with
this WAC-Shouldn't there be a responsible party to pay for
the decommissionint required here?
Neighborhood Water Supply Program - Page a
preesaNt, uannon_
-MARINA\INDC,OLF
RESORT
-
MEMORANDUM
olPhil Crale, Water Resources
Ecology Southwest Regional Office
From: M. Garth Mann, President and CEO , Statesman.
Group of Companies Ltd.
Date: February 25,2010
Subject: Pleasant Harbor Golf and Marina Resort Groundwater Monitoring Plan
This memorandum presents the groundwater monitoring plan to be used during construction and
operation, ofthe Pleasant Harbor Golfand Marina Resort. The plan is based on several meetings
and discussions with the Department ofEcology and Pacific .Groundwater Group.. Groundwater
monitoring will be performed to document water quality and drawdown conditions related to the
development.
Figure I presents a map ofthe existing and proposed groundwater monitoring instrumentation,
Two additional monitoring wells will be installed, labeled MW-7 and M W-8, as shown on the
attached map. These will be standard 2-inch diameter monitoring wells completed to a minimum
of l0 feet below the water table. The existing monitoring wells are labeled on the map MW-2,
MW-4, and MW-5, Wells labeled VWPJ, VWP-3, and VWP-6 were geotechnical borings with
vibrating wire piezometers installed in them to measure groundwater pressures.
The highest groundwater demand at the site will be during site development prior to the
construction ofthe central pond. About one month before construction and during this penod,
dataloggets will be connected to all of the wells at the site. The program will collect
measurements on groundwater pressure and fluid conductivity (which can be conelated to
salinity). Dataloggers that record groundwater pressure will be installed at V.WP-I, VWP-3,
MW-5, and VWP-6. Dataloggers that measure both groundwater pressure and fluid conductivity
(which can be correlated to salinity) will be installed at MW-2, MW-4, MW.7, and MW-8. These
units will record groundwater measurements on a 0.5-hour basis. The dataloggers will be
dorrrnloaded every two months during the construction season, eslimated from April I to
Comment€d [SPU:
November l, and every three months in the non-construction period, estimated from November
I to April I when there will be minimal well use,
7370 SlemMorem Blv4.S.w/, Calgary, Alben4 CmadaT3H
4H9 -TelePhme: (403) Fu:(tOD26.C
A STATESMAN GROUP OFCOMPANIES DEVELOPMENT
woq.statewugroup.ca
PLEASANT HARBOR
-
MARINAI AND GOLF RESORT
-
During construction, water quality samples will be collected from the two supply wells and MW-
4, M W-7, and MW-8 if an anomalous conductivity trend is observed. The samples will be sent
l0 a water qMlity laboratory for analysis ofchloride and:nitl'ates,.
After construction is completed and the occupancy of. ihe resort units commences, all ofthe
dataldggers, will be downloaded 'quarterly; Waterg quality samples will be collected from the
supply wells quarterly, This. program will be continued. foi'lfive. years OL'until the .resort has
achieved full build-out, whichever is longer, at rridich;dtibiilic monitoring plan will be adjusted
based on the results of the forogrard The -d-al-a WIU !9 tl44.sry!!t9{ !S EgpLoCy &f !O bpyjqfd.
Pleasant Harbor will perform a minimum 72-hour aquifer test al each new water supply well
installed for the project. During testing, the'wells. .witlbesampledfor electrical. conductivity and
chloride concentrations.
PleAsant Harbor will use its best efforts .tosample ,riilnlmuq:lrcf po coastal domestic wells for
lelectrica! cqnd-ucti-viry qtr4 9!{9IC9 99-n_c_qqltStj_o$_lytcel! ye4!r-r 4pfr-l ald 4!rCr!s1,-9p11rp-Ulre
will be dependent upon obtaining the pfinitliq\' cobperation; and .availabitity of the owner of
the domestic well. Ecology has identified four potentiat candidates. Pleasant Harbor will
prioritize these wells, and will seek others ifthe listed wells ate not available. For consistency,
Pleasant Harbor will attempt to establish a long-term " relationship with those well owners.
Commented [SP2l: the monitoring program should
extend beyond (five years?) full build out because that is
when likely impacts will occur.
Commented [SP3]: And to the county
C-ommented [5P4]: Obtain agreements through covenant
onthe parcels? Priorcomment still applicable. (2010
statement... and a recorded notice to title be executed to
allow agency and resort access for the purpose of
implementing the plan. )
4L
Sincerely,";;,/*"_
M. Garth Mmn
President & CEO
The Statesman Group.of Companies:
7370 Siora Morero Blvd. Slw., Cal8ary, Albert4 C@da T3H 4H9 da:.llog
2564I6 lFd (r5lD266i0l@
A STATESMAN GROUPOFCOMPANIESDEVELOPMENT
3, 13,
,6,34
31,
17,25,
26,27,
22,U,
45
l) Well locations re approximate. Domestic well locations typically
to neaest quartg quarter uless bettq loom.
2) See Appendix for well logs
Mmioriry Wdl lacuho (MW - morMg
wtlt;Wr?-vtbtittEilre pladre.
Water Supply Well Location
15
A
21,
24,
l) Wcll loc*lons lrG ryproximlta Domcstic woll locatiom
23,
29'
40
Subsurface Group,Pleasant Harbor Marina and Golf
Resort
Groundwater Impact Evaluation
Statesman Corporation
Domestic Well and
Locations
Monitoring Well
sG060t {3
Figure I
4117 /L7 comments on the Brinnon Master Plan Resort site plan
All wells, within the plan and any within 100' of the plan perimeter,
whether public or private must be shown on the master plan and
labeled with ownership, use and applicable DOH water system
identification number. Each well must have a minimum of L00'
protective radius shown and with their associated protective radiuses
represented and respected with any development plans. (per Michelle,
put these wells on master plan)
See below; these maps are from the Department of Health website
showing the location of existing public water supply wells that are not
shown on the maps submitted for the project.
Note the existing BIack Point RV Resort WS# L8746 well is not shown on
this state site because the system was inactivated in 2008 by DOH
drinking water program. To our knowledge this water supply has
never been re-activated.
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Michelle Farfan
From:
Sent:
To:
Cc:
Susan Porto < SPorto@cojefferson.wa.us>
Monday, April 17, 2017 3:59 PM
Peter, Marie (ECY)
Michelle Farfan
RE:Water Right Permit G2-30436 for Brinnon Master Planned Resort projectSubject:
Preciselywritten and nowclearforthe record. lam makingcommentsto boththe GroundwaterMonitoring Plan and
the Neighborhood Water Supply Program for Michelle Farfan, the current senior planner in charge of the project. I have
included her in this message so that you both have contact information.
I am still a bit confused by the definition of "construction" phase. This well has been inactivated at the DOH since
2008. ln any case, at some point they will be in "construction" phase and modifications to the water right can be made
at a later date.
Thank you as always Marie,
Susan
st/6,rw P0rt4 R.S
e wvLro wrut v*aL *eaLth sTecr.aLLst s
) efftrs o w couv*y PubLb t+eaLth
s6o.3g5g+++
www .i e#ers o wc o unt ut ubLbh eaLth. o r a
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain
confidential and privilegedinformation. Anyunauthorizedreview,use, disclosure,ordistributionisprohibited. lfyouarenot theintended
recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
PUBLIC RECORDS ACT NOTICE:
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state
law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain
a copy (or for inspection) of this e-mail unless it is exempt from disclosure under state law, including RCW 42.56.
From: Peter, Ma rie ( ECY) [ma i lto : m pet45 1 @ ECY.WA.GOV]
Sent: Monday, April 17,2077 2:03 PM
To: Susan Porto <SPorto@co.jefferson.wa.us>
Subject: Water Right Permit G2-30436 for Brinnon Master Planned Resort project
Hi Susan,
I am summarizing our telephone conversation here and l'm going to print this out for the water right file so I don't forget
what we discussed when I review this file again in 2018.
This project is in the construction stage and Completion of Construction is due in 2018. You indicated that delays were
encountered and that an extension will be necessary to complete construction.
Under WAC 197-11-070(1Xb), during the SEPA process, no action may be taken by a governmental agency that would
limit the choice of reasonable alternatives. Since the FEIS was not issued until November, 2015, well after we issued the
water right decision, we are obligated to adapt the permit conditions to reflect amendments/revisions made to the
1
Neighborhood Water Supply Program and Pleasant Harbor Groundwater Monitoring Plan. Please keep me informed of
all applicable amendments/revisions and I will modify the permit accordingly in 2018. When approving an extension,
Ecology is required to consider the public interests affected and may impose new conditions on development.
Thanksl
Marie Peter
Water Resources Program
Southw e st Re gional Office
Department of Ecolog,,
PO Box 47775
Olympia, WA 98504-7775
(360) 407-027e
mar ie.peter @ e cy.w a. gov
2
Michelle Farfan
From:
Sent:
To:
Subject:
Attachments:
Susan Porto < SPorto@cojefferson.wa.us>
Thursday, April27,2017 L:57 PM
Susan Porto
FW: Draft Neighborhood Water Policy for Pleasant Harbor MPR
Stu bbed Attachments.htm
From: Michelle Farfan
Sent: Tuesday, March 14,2077 10:36 AM
To: Susa n Porto <SPorto@co.jefferson.wa. us>
Cc: Stua rt Wh itford <SWh itford @ co.jefferso n.wa. us>
Subject: Draft Neighborhood Water Policy for Pleasant Harbor MPR
Hi Susan and Stuart:
I have attached a draft Neighborhood Water Policy as required by Ordinance 01-0128-08 (also attached); specifically
condition 63p as imposed by the BOCC for the Pleasant Harbor MPR. I attached the preferred alternative map from the
FSEIS as well.
Please review the draft Policy and let me know if you have any comments, additions, deletions, etc. on or before April
3L,2077. Once finalized, this Policy will become an appendix to the Development Agreement and recorded with the
county Auditor. As you may know, I will have to present the Development Regulations and Development Agreement
with a staff report to the BOCC for their consideration.
Thank you for your time,
Michelle Farfan
Associate Planner, Brinnon MPR Lead
Jefferson County Department of Community Development
62l Sheridan
Port Townsend WA 98368
V: 360-379-4463
F: 360-379-4451
mfa rfa n (oco. iefferso n.wa. us
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the
Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail
and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from
production to the requester according to state law, including RCW 42.56 and other state laws.
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5 STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE APPROVING ONE l
C0MPREHENSM PLAN AMENDMENT, ]
FILE NUMBER }
MLA06-87 [STATESMANI ]
OrdinanceNo. 01-0128-08
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required
by the Growth Management Act ("the GMA"), ur codified at RCW 36.70A.010 et seq., set in
motion and now completed the proper professional review and public notice and comment with
respect to any and all proposed amendments to the County's Comprehensive Plan originally
adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended, and;
WHEREAS, as mandated by the GMA, the Board has reviewed and voted upon the
proposed amendments to the County's Comprehensive Plan ("CP") that composed the 2007
Comprehensive Plan Amendment Docket ("the Docket"), and;
WHEREAS, of the ten (10) proposals that compose the Docket, three (3) were rejected;
one proposal, MLA07-104, has been forwarded to the 2008 CP Cycle; the Board has approved or
approved with conditions six (6) of the remaining proposals, five (5) of which arc analyzed in
Ordinance No.02-012 B-08 herein analyzed is only one proposal, MLA06-87
[Statesman], which was approved unanimously by the Board; and
WHEREAS, an adopting Ordinance is required to formalize the Board's legislative
decision with respect to MLA06-87, and;
WHEREAS, the Board makes the following Findings of Fact and Conclusions with
respect to the 2007 Comprehensive Plan Amendment Cycle and the amendment contained herein:
l. The County adopted its Comprehensive Plan in August 1998 and its development
regulations or Uniflred Development Code (UDC), Title 18 in the Jefferson County Code
(JCC) in December 2000. The CP was reviewed and updated in 2004.
2. The Growth Management Act (GMA), which mandates that Jefferson County generate and
adopt a CP, also requires that there be in place a process to amend the CP. The UDC
contains precisely such a process in Section 9, and in Title 18 in the JCC.
c'F{
I
3. The amendment process for the CP must be available to the citizens of this County
[including corporations and other business entities] on a regular basis. In accordance with
RCW 36.70A.130, CP amendments can generally be considered "no more frequently than
once per yeat."
4. This particular amendment "cycle" began on or before March L,2007, the deadline for
submission of a proposed CP amendment.
5. MLA06-87 was timely filed on by March 1,2006, and carried over to the2A07 cycle in
December 2006, because a separate environmental impact statement was deemed
necessary, and this work could not be performed in 2006.
6. The 2007 CP process started with nine formal site-specific amendments and three
suggested amendments (for a total of twelve), all of which were placed on the Preliminary
Docket through the CP amendment process contained at JCC Section 18.45.050.
7. The Planning Commission and the Board of County Commissioners held a joint workshop
on April 4,2007 to provide an opportunity for the site-specific CP amendment applicants
to make public presentations on their proposals.
8. The Planning Commission held a duly-noticed public hearing on the Preliminary Docket
on April 18,2007.
9. The Planning Commission completed its recommendation on the Preliminary Docket on
April 18, 2007, recommending that all twelve original CP amendment applications be
placed on the Final Docket.
10. The Department of Community Development (DCD) issued a Review of Preliminary
Docket on May 7,2A07, analyzingthe proposals on the Preliminary Docket and offering
the following recommendation: that two of the three suggested amendments be eliminated
from the Final Docket due to limitations on staff resources.
1 1. The Board established the Final Docket on May 14,2007 as nine site-specific amendments
plus one suggested amendment.
12. The Department of Community Development (DCD) issued an integrated Staff Report and
State Environmental Policy Act (SEPA) Addendum on September 5,2007, analyzing the
proposals on the Final Docket and offering preliminary recommendations for each.
2
13.All of these amendments have been subject to a SEPA-driven analysis through the DCD
Staff Report and SEPA Addendum dated September 5,20A7. In addition, a separate Draft
Environmental Impact Statement was published on this date pertaining to the site-specific
application analyzed in this ordinance, MLA06-87 (Statesman), with an associated 45-day
public comment period ending at close of business on October 24,2007. An associated
addendum issued with the Final Environmental Impact Statement was published on
November 27,2007 . For further analysis of the other five (5) amendments comprising the
2007 CP cycle, see Ordinance No.02-012 B-08
14. The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact
Statement (FEIS) were undertaken and generated pursuant to the State Environmental
Protection Act (SEPA) and a determination by the SEPA-responsible official that the
proposed amendment, MLA06-87, warranted a threshold "Determination of Significance"
(DS), and thus environmental review for any probable significant adverse environmental
impacts, although the environmental review at this stage was the review appropriate for a
non-project action as that term of art is defined in SEPA.
15. The FEIS was prepared in conformance with SEPA requirements and the amendment in
this ordinance is the alternative identified in the DEIS as "the proposal."
16. The Planning Commission held a duly-noticed public hearing on MLA06-87 (Statesman)
on October 3,2007. Oral public comment related to this proposed amendment was taken
during the public hearing, and written comments were accepted through the close of
business on October 24,2007 .
17. The Planning Commission deliberated on MLA06-8'I at special meetings on October 31,
2007, and on November 14,2007, reviewing the growth management indicators, findings,
and conclusions relative to JCC 18.45, and completed recommendations on November 20,
2007.
18. The above statements indicate that the proposed CP amendment was and is the subject of
"early and continuous" public participation as is required by GMA.
19. The Planning Commission recommendations were transmitted to the Board through formal
memoranda dated November 28,2007, and are part of the record for the legislative
decision.
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20.
2t.
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23
24
25
27.
28.
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The Planning Commission recommended to the Board seven conditions be attached to
approval of this proposal, MLA06-87 [Statesman]. The conditions were included in the
Planning Commission recommendations specific to this proposal.
The FEIS and addendum associated with this proposal were published on November 27,
2007. Initial scoping identified probable significant adverse impacts. Public comments
elaborated on those concerns, and the final EIS included staffresponses to l7 different
categories covered in over 400 public comment letters, expressed orally and in writing by
the public and by various local and state agencies regarding this application during the
public comment period.
The FEIS detailed mitigating conditions resulting from these comment letters as specified
in Chapter 5, overall representing a meticulous and thorough response to the concerns of
the citizens and agencies, precisely what is intended by SEPA.
The Board held a duly-noticed public hearing on December 3,2007 and continued this
public hearing on December 6, 2007, closing the public comment period on December 7,
2007. The Board did consider all public comments received.
The fltnal DCD staff recommendation was presented to the Board during the December 3,
2007 and December 6,2007 public sessions in which the Planning Commission
recommendations were also presented.
The final DCD staff recommendation did not match the Planning Commission
recommendation for approval, having different proposed modifications attached.
On December 10, 2007, the Board signed Resolution No. I 13-07 extending the timeframe
for the legislative decision on the proposed amendment to January 14, 2008.
All procedural and substantive requirements of the GMA have been satisfied.
The Board of County Commissioners deliberated and decided to approve the Statesman
proposal on January 14,2008.
DCD staffpresented to the Board a l4-step process for decision-making. Step l: It was
moved and seconded "to approve the Statesman proposal as revised with conditions, and to
amend the Jefferson County Comprehensive Plan on pages 3-23 and3-45.
29.
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30.
31.
32.
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Step 2: The Comprehensive Plan land use map designations on page 3-45 for this area
would be changed to reflect a Master Planned Resort as outlined in the November 21,2007
Final Environmental Impact Statement on page l-4." See Exhibit "B" to this Ordinance.
Step 3: The Board was required to apply criteria from JCC 18.45.080, generally referred
to as deliberations, findings and conclusions, and growth management indicators.
Step 4: The Board entered an affirmative statement that consistency with the Growth
Management Act, specifically RCW 36.70A.360(1) through (4), is achieved, as each of the
pertinent criteria are met by this proposal.
With respect to RCW 36.70A.360(1), the Board hereby enters an affirmative statement that
the proposed Master Planned Resort would be a "self-contained and fully integrated
planned unit development, in a setting of significant natural amenities with primary focus
on destination resort facilities consisting of short-term visitor accommodations."
With respect to RCW 36.70A360(4) the Board hereby enters an affirmative statement that
its CP already includes policies to guide the development of new MPR, the CP and the
related development regulations serve to preclude urban or suburban land uses in the
vicinity of the MPR, the land at the site in question is better suited for an MPR than for the
commercial harvesting of timber or agricultural production, the MPR plan is and will be
consistent with all GMA-derived development regulations relating to GMA critical areas
and all on-site and off-site infrastructure and service impacts have been fully considered
and will be mitigated as the MPR is implemented first through a development agreement,
intemal zoning map and internal zoning code, then through plat and permit review and
possible issuance of permits and, with all the prior items accomplished, finally with the
Step 5: The Board entered an affirmative statement that consistency with the Jefferson
County Comprehensive Plan, specifically Land Use Policies24.l-24.13, has been achieved
by the applicant, as each of the pertinent criteria are met by this proposal. By way of
example only, the Board's affirmative finding that the site of the proposed MPR is better
suited to become an MPR than it is to be the site of a commercial timber harvest serves to
satisfu the condition laid out in the CP at LNP 24.4, found at p. 3-65 of the CP. The area is
5
zoned Rural Residential and not Commercial Forest under the Growth Management Act,
and therefore this finding is not required within the proposal.
35. Step 6: The Board entered an affirmative statement that consistency with the Brinnon Sub-
Area Plan, adopted on May 1,2002, specifically Goals 1.0 and Policies 1.1-1.3, is
achieved, as each of the pertinent criteria are met by this proposal.
36. Step 7: With respect to JCC 18.15.126, the Board affirmed that only a Comprehensive
Plan amendment application was under consideration, and that the development agreement
and zoning code guiding MPR projects will come before it in a subsequent process after
the adoption of this CP amendment. A subsequent development agreement and zoning
code shall be consistent with this CP amendment. This criterion applies to each of the
following code references contained within Step 7.
37. With respect to JCC 18.15.025 and JCC l8.l5.l l5 on land use districts, the Board
concluded that new zoning code language will be developed at a later phase, describing a
second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR
currently designated under the CP.
38. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on
purpose and intent, and consistency with RCW 36.70A.360. A new MPR is thus
appropriate at this location.
39. The Board further determined that in accordance with JCC 18.15.123, a subsequent
development agreement and zoning code will ensure consistency with said section.
40. The Board affirmed that the provisions of JCC 18.15.129 are applicable to this proposal,
pertaining to the nature of the application as a Type V legislative process, and include a
draft master plan (summarized in the FEIS), a site-specific CP amendment, and require a
development agreement at a later phase in the process.
41. The Board affirmed that decision-making authority is granted to the Board under JCC
18.15.132, after ensuring the veracity of the planning commission process, and after
reviewing its recommendations. A development agreement and zoning code will be
developed in a subsequent phase.
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42. With respect to 18.15.135, the Board concluded that the application to develop will take
place at project-level phases subject to the development agreement and zoning code,
consistent with this approval of the CP amendment.
43. The Board determined that 18,15.138 shall be amended atalater date to include revisions
and/or additions to Title 17, in order to establish a zoning code for the Brinnon MPR. This
shall be accomplished through a Type V legislative process.
44. Step 8: With respect to the directives set fonh in RCW 36.70, the Planning Enabling Act,
the Board concludes that all steps in the process were conducted properly, including the
application submittal; the public process, review, and recommendations by the Planning
Commission; the public process conducted by the Board; its own findings; and its position
as the sole decision-making authority wtrereby the Planning Commission's
recommendation is advisory only and the final determination always rests with the Board.
45. Steps 9-14: The Board determined that the procedural requirements of JCC Section
18.45.080(2)(c), in which for all adopted amendments the Board shall develop findings
and conclusions which consider the growth management indicators set forth in a) JCC
Section 18.45.050(4Xb) (i) through (vii, and b) items (i) through (iii) in JCC Section
18.45.080(1)(b), have been met. Findings and growth management indicators are further
explained below.
46. SEPA mitigations called out in Chapter 5 of the FEIS shall be adhered to through
development of a zoning code, development agreement, and any permit applications.
47 . Further conditions of approval are identified in item # 63 (below). The Board directed
staff to prepare this ordinance, provide for legal review, and prepare a record identiffing
all components of this CP application process.
48. Further, the Board voted unanimously to amend the CP.
49. JCC Section 18,45.080(l)(c), which contains eight criteria from which the Board must
generate findings, is applicable only to site-specific Comprehensive Plan amendments.
50. Inquiry into the growth management indicators referenced above was begun for the 2007
Docket through the DCD integrated Staff Report and SEPA Addendum of September 5,
2007. The Board's findings and conclusions with respect to the growth management
7
51.
52.
53.
54
55
56
57
indicators are augmented by the September 5, 2007 staff findings and conclusions, except
when and as noted below.
With respect to JCC Section 18.45.050(4XbXi), which asks whether assumptions regarding
growth and development have changed since the initial CP adoption, the Board concludes
that census data indicates that the population growth rate in this county has slowed in the
last two to four years, and is slower than projected.
With respect to JCC Section 18.45,050(4)(bxii), which asks whether the capacity of the
County to provide adequate services has diminished or increased, the Board concludes that
this CP amendment as conditioned will not impact the ability of the County to provide
services.
With respect to JCC Section 18.45.050(4xb)(iii), which asks if sufficient urban land is or
has been designated within the County, the Board concludes that this proposal may
constitute additional urban lands (as allowed under RCW 36.70A.360) to the Jefferson
County Comprehensive Plan amendments made effective by adoption of this Ordinance.
With respect to JCC Section 18.45.050(a)@)(iv), which asks if any of the assumptions on
which the initial CP was based have become invalid, the Board concludes that the
assumptions upon which the CP is based have generally not changed.
With respect to JCC Section 18.45.050(a)(b)(v), which asks if any of the countywide
attitudes upon which the CP was based have changed, the Board concludes that the
countywide attitudes have not generally changed since this CP amendment was submitted.
With respect to JCC Section 18.45.050(a)@)(vi), which asks if there has been a change in
circumstance that may dictate the need for an amendment, the Board concludes that a
conceptual Brinnon MPR was identified in the Brinnon Sub-Area Plan adopted into the
County's CP on May 1, 2002, and that there have not been any overarching or countywide
changes in circumstances that would dictate or require a shift in the policies reflected in
the CP with respect to MPR designations.
With respect to JCC Section 18.45.050(a)@)(vii), which asks if inconsistencies have arisen
between the CP, the GMA and the Countywide Planning Policies, the Board concludes that
these amendments do not reflect any such inconsistency, since a variety of rural residential
densities is maintained even after adoption of this CP amendment.
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58. Pursuant to JCC Sections 18.45.080(2)(c) and 18.45.080(lxb), the Board finds that:
(1) Circumstances related to the proposed amendment and/or the area in which it is
located have not substantially changed since the adoption of the Jefferson County
Comprehensive Plan.
(2) The assumptions upon which the Jefferson County Comprehensive Plan is based
continue to be valid.
(3) Based upon public testimony, the proposed amendment may reflect current widely
held values of the residents of Jefferson County.
59, In addition to the required findings set forth in JCC Section 18.45.080(1Xb), in order to
recommend approval of a formal site-specific proposal to amend the Comprehensive Plan,
the Board must also make eight (8) findings as specified in Section 18.45.080(1)(cXi)
through (viii).
60. Pursuant to JCC Section 18.45.080(1)(c), the Board enters the following findings:
(i) The proposed site-specific amendment meets concrurency requirements for
transportation and does not adversely affect adopted level of service standards for other
public facilities and services (e.g., sheriff, fire, and emergency medical services, parks,
fire flow, and general govemmental services).
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan.
(iii) The proposed site-specific amendment will not result in probable significant
adverse impacts to the countyos transportation network, capital facilities, utilities,
parks, and environmental features that cannot be mitigated, and will not place
uncompensated burdens upon existing or planned service capabilities.
(iv) The subject parcel is physically suitable for the requested land use designation and
the anticipated land use development, including but not limited to the following:
a. Access
b. Provision of utilities; and
c. Compatibility with existing and planned surrounding land uses.
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61.
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63
(v) The proposed site-specific amendment will not create a pressure to change the land
use designation of other properties, unless the change of land use designation for other
properties is in the long-term best interests of the county as a whole.
(vi) The proposed site-specific amendment does not materially affect the land use and
population growth projections that are the basis of the Comprehensive Plan.
(vii) If within an unincorporated urban growth area (UGA), the proposed site-specific
amendment does not materially affect the adequacy or availability of urban facilities
and services to the immediate area and the overall UGA.
(viii) The proposed amendment is consistent with the Growth Management Act (Chapter
36.70A RCW), the Countywide Planning Policy for Jefferson County, applicable inter-
jurisdictional policies and agreements, and local, state and federal laws.
Master Planned Resorts are governed under a distinct statutory provision within the GMA.
They are not Rural Lands, and thus are not Limited Areas of More Intensive Rural
Development (LAMIRDs). Instead, RCW 36.70A.360 provides that new MPRs "...may
constitute urban growth outside of urban growth areas as limited by this section."
MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for
a Master Planned Resort (lvIPR) designation. (See Exhibit A for the complete legal
description and Exhibit B for a map.)
In consideration of the public interest, and pursuant to the authority that is granted the
County legislative authority under SEPA by RCW 43.21C.060, WAC 197-11-660 and
Jefferson County Code 18.40.770,the Board enters certain of the following conditions for
approval of the CP amendment MLA06-87, recognizing that certain of the conditions
listed here are imposed not in reliance upon SEPA but instead pursuant to the Board's
general police power as a legislative body [arising from Article XI, $ 1l of the State
Constitution and RCW 36.32.120(7)], panicularly conditions d, e, f, g, v, x, aa and bb:
a) Any analysis of environmental impacts is to be based on science and data pertinent to
the Brinnon site. This includes rainfall projections, runoff projections, and potential
impacts on Hood Canal.
l0
b) All applications will be given an automatic SEPA threshold determination of
Determination of Significance (DS) at the project level except where the SEPA-
responsible official determines that the application results in only minor construction.
c) The project developer will be required to negotiate memoranda of understanding
(MOLD or memoranda of agreement (MOA) to provide needed support for the Brinnon
school, fire district, Emergency Medical Services (EMS), housing, police, public
health, parks and recreation, and transit prior to approval of the development
agreement. Such agreements will be encouraged specifically between the developer
and the Pleasant Tides Yacht Club, and with the Slip owner's Association regarding
marina use, costs, dock access, loading and unloading, and parking.
d) A list of required amenities shall be in the development agreement along with
conditions for public access.
e) Statesman shall advertise and give written notice at libraries and post offices in East
Jefferson County and recruit locally to fill opportunities for contracting and
employment, and will prefer local applicants provided they are qualified, available, and
competitive in terms of pricing.
f) Statesman will prioritize the sourcing of construction materials from within Jefferson
County.
g) The developer shall commission a study of the number ofjobs expected to be created
as a direct or indirect result of the MPR that earn 80% or less of the Brinnon area
average median income (AMI). The developer shall provide affordable housing (e.g.,
no more than30o/o of household income) for the Brinnon MPR workers roughly
proportional to the number ofjobs created that earn 80% or less of the Brinnon area
AMI. The developer may satisry this condition through dedication of land, payment of
in lieu fee, or onsite housing development.
h) The possible ecological impact of the development's water plan that alters kettles for
use as water storage must be examined, and possibly one kettle preserved.
i) Any study done at the project level pursuant to SEPA (RCW 43.21C) shall include a
distinct report by a mutually chosen environmental scientist on the impacts to the
hydrology and hydrogeology of the MPR location of the developer's intention to use
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one of the existing kettles for water storage. Said report shall be peer-reviewed by a
second scientist mutually chosen by the developer and the county. The developer will
bear the financial cost of these reports.
j) Tribes should be consulted regarding cultural resources, and possibly one kettle
preserved as a culfural resource.
k) As a condition of development approval, prior to the issuance of any shoreline permit
or approval of any preliminary plat, there shall be executed or recorded with the
County Auditor a document reflecting the developer's written understanding with and
among the following: Jefferson County, local tribes, and the Department of
Archaeology and Historical Preservation, that includes a cultural resources
management plan to assure archaeological investigations and systematic monitoring of
the subject property prior to issuing permits; and during construction to maintain site
integrity, provide procedures regarding future ground-disturbing activity, assure
traditional tribal access to cultural properties and activities, and to provide for
community educati on opportunities.
D A wildlife management plan focused on non-lethal strategies shall be developed in the
public interest in consultation with the Department of Fish and Wildlife and local
tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub-
Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the
potential for vehicle collisions on U.S. Highway 101, to reduce the conflicts resulting
from wildlife foraging on high-value landscaping and attraction to fresh water sources,
to reduce the dangers to predators attracted to the area by prey or habitat, and to reduce
any danger to humans.
m) No deforestation or grading will be permitted prior to establishing adequate water
rights and an adequate water supply.
n) Approval of a Class A Water System by the Washinglon Department of Health, and
approval of a Water Rights Certificate by the Department of Ecology shall be required
prior to applying for any Jefferson County permits for plats or any new development.
o) Detailed review is needed at the project-level SEPA analysis to ensure that water
quantity and water quality issues are addressed. The estimated potable water use is
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based on a daily residential demand used to establish the Equivalent Residential Units
(ERU) for the development using a standard of 175 gallons per day (gpd). The goal of
the development is 70 gpd. All calculations for water use at any stage shall be based on
the standard of 175 gpd.
p) A Neighborhood Water Policy shall be established that requires Statesman to provide
access to the water system by any neighboring parcels if saltwater intrusion becomes an
issue for neighboring wells on Black Point, and reserve areas for additional recharge
wells will be included in case wells fail, are periodically inoperable, or cause
mounding.
q) 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.
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.
s) The developer must ensure that natural greenbelts will be maintained on U.S. Highway
l0l and as appropriate on the shoreline. Statesman shall record a conservation
easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot
riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature
trees between U.S. Highway 101 and the Maritime Village, wetlands, 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
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easements to include removing, when appropriate, naturally fallen trees, and replanting
to retain a natural visual separation of the development from Highway 101,
0 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 fully mitigate any changes arising from the resort, and related to
Pleasant Harbor or the Maritime Village.
u) In keeping with the MPR designation as located in a setting of natural amenities, and in
order to satisff the requirements of the Shoreline Master Program (JCC
18.15.135(l),(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 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.
v) In keeping with an 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 away that they will blend into the
terrain and landscape with park-like greenbelts between the buildings.
w) 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., l0 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.
t4
x) 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."
y) 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.
z) Statesman shall use the International Dark Sky Association (IDA) ZoneB-l standards
for the MPR. These standards are recommended for "areas with intrinsically dark
landscapes" such as national parks, areas of outstanding nafural beauty, or residential
areas where inhabitants have expressed a desire that all light trespass be limited.
aa) 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 the ratio of 65Yo
to 35o/o of rental and time-shares to permanent residences per JCC 18.15.123(2).
bb) Verification of the ability to provide adequate electrical power shall be obtained from
the Mason County Public Utility District.
cc) Statesman Corporation shall collaborate with the Climate Action Committee (CAC) to
calculate greenhouse gas emissions (GHGs) associated with the MPR, and identiff
techniques to mitigate such emissions through sequestration and/or other acceptable
methods.
dd) Statesman Corporation is encouraged to work with community apprentice groups to
identiff and advertise job opportunities for local students.
15
NOW, THEREFORE, BE IT ORDAII\IED as follows:
Section One: Under MLA06-87 [Statesman], the map of Comprehensive Land Use Designations
is hereby amended to reflect that the parcels of property located in Brinnon, Washington, and
found in the legal description (see Exhibit A to this Ordinance) accompanying this CP
application, shall be given in their entirety an underlying land use designation of Master Planned
Resort.
Section Two: The Comprehensive Plan narrative on page 3-23 would be amended to add
language below the last paragraph that would read:
Early in 2008, J€fferson County designated a new Master
Planned Resort (MPR) in Brinnon. The new Master Planned
Resort is 256 acres in size and includes the Pleasant
Harbor and Black Point areas. The Marina area is
existlng and would be further developed to incl-ude
additional commercial and residential uses such as
townhouses and villas. The Black Point area of the new
resort would include new facilities such as a golf
course, a restaurant, a resort center, townhouses,
vi11as, staff housing, and a communlty center. The
overall resi-dential construction would not exceed 890
total units.
S ection Three: If any section of this Ordinance is deemed either non-compliant or invalid
pursuant to the Growth Management Act, then the development regulations and/or underlying
zoning designations applicable to that parcel or parcels prior to adoption of the non-compliant or
invalid section of this Ordinance shall be applicable to that parcel or parcels.
Section Four: If any section of this Ordinance is deemed either non-compliant or invalid pursuant
to the Growth Management Act, such a finding of non-compliance or invalidity shall not nullifr
or invalidate any other section of this Ordinance.
Section Five: The map and legal description are hereby incorporated by attachment.
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Section Six: In consideration of the weather emergency situations of December 2007 , and within
the overall public interest, the Board extended the decision date on these CP amendments to
January 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the
MPR for Black Point met the legislative intent of Resolution 113-07 as the decision date for the
legislative decision. This Ordinance becomes effective on the date it is executed.
APPROVED AND ADOPTED this 2Bth day of Januar5z 2008
JEFFERSON COUNTY BOARD OF COMMISSIONERS
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ATTEST;
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CMC
Deputy Clerk of the Board
Approved as to form:
David Alvarez, Deputy C
3)zala
Attomey
Austin
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I
Exhibit.A. Ondinance No. 01-0128-08
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101,
and together with DNR leased tidelands supporting the Pleasant Harbor Marina.
PARCEL A:
The Northeaar L/4 of Ehs Souch'rcat t/q of gccEion 15, Township 25
NorE,hl R{rng€ 2 slaet,, W.M., X.n ,Jafferaon County, WashingBon;
"OGETEER
WITH a perpet,ual non-exclugive%ssem€nE f,or road anduEillcy purposeEr througtr, acroeo and over che followlng deecribed
proPerey 3
Baginnlng at che SoutsheasE cotrnetr of ehe souEhwest 1,/4 of Ehe
NorEhweats l/4 of eald Sestsion 15rthence run weet, along the 3ouEh line of eaid Eouthwest L/4 of,
Ehe NorElrwesE 1,/4, approximaEely 175 feeg t,o the Souuherly lineof Black Point eourty R.oad;
chence NorEheasEerly, along eatd Southcrly 1lne, to a point 30
feeE NorEh of Eald gouth line wherr measured aL rlghE anglee;thence BaaE, parallel Eo sald SouE.h line, eo Ehe Eact line ofeald Sout,heresE, 1/4 of the Nort,hrreet, 1.,/4,'
Ehence goul;h 30 feet t.o Ehe polnE of beglnning;
A!iID over and acrosa Ehe Weet 30 f,eot of, tlrg SouEh 30 teet of,
Governroent l;ots 4 In eaid Sectlon 15,
SlEuaE.e in Ehe County of 'Jeffcrson, St,atse of Waghlngt,on,
PARCEL B:
The East L/2 of Ehe NorthwesE 1,,/4 of ghe SouEhweet 7/4 ot. Section
15, Townehip 25 NorEh, Range 2 !{est, W,M,, in Jefferson eounEy,
WaohingEon;
EXCUPT EhaC parclan tharsof,, lying wLEhin a strip of land
conveyed tso Ehe Steuo of Wa6h1ngE,on, for gtate Road No. 9,
Duckabush Rlver-Norr,h Seqrion, by dccd datscd Augrust 28. 1933, and
recorded under Auditor's F1Ie No. ?081?, recordB of Jefferson
Count,y, Washiflgton.
Sit,uaue ln Ehe CounE,y of rTefferaon, 6bata of WaehingEon.
99999 -97 7 4 II-ECAL 1 3 889965. I
PARCEL C:
Those portions of SecElons 15 and 22, both in Township 25 Noruh,
Range 2 WesE, W.M., ,lef ferson County, Waehl.ngton, deperibed as
follows:
The Souuhwest L/4 ot t,he Sout,heast, l/{ and Government IroE 7 of
said SecElon 15, and Government, Ilots 2 and 3 oE said SecLion 22;
EXCEPT uhoae BorEions ehereof Lying East of, the WesU line of Ehe
EasE 595.00 feet of said Southwegu L/4 of che Southeast,:./n, aud
East of the Southerly prolongation of said WesE Ilne;
AIJSO EXCEPT Ehat portion of t.he West 100.00 feet of said
Government Lot 7, lying Southerly of Ehe Noruh 539,0C feet
lhereof.
TOGETIIER I,IITH tidelande of the Second Clase, ae conveyed by che
SEace of Washington, sltuate in front of, adjacent to and
abuttlng upon the ltest :"/2 in width of said Governrnent IJot 2, ln
said Section 22.
Sit,uate in the Counuy of 'Jeffercon, State of WaahingEon.
PARCEI, D:
Thau porgion of ehe NorthwegE 1,/4 of the SouEheasL l/4 in Seccion
15, Townshi-p 25 North, Range 2 !{est W.M., Iying SouEherly of Ehe
elack Point, aoad as conveyed to 'Jefferson County by deed trecorded
under Audrf,or's Fl}e Nos 223427, recordE of Eaid Countryi
EXCEPT that porElon deseribed ae follows:
That port,ion of Ehe Northlre8t, 1/4 of t,he SoutheasE Ll4 of SecLion
15, Townehlp 25 NorEh, Range 2 WesE, W,M,, described as followe:
Beglnnlng at the polnt, of inuersect{on of Eh€ EaBE line of the
Nort,hwest L/4 of t,he Souuheast l/4 and the SouEherly rnargin ofthe B1ack Polnt Road;
thenee $oueh along Ehe sald EasE L1ne, a distance of, 300 feet;
Ehence l4eer 350 feet;
Ehence North to che PolnL of lntereeetion wlUh. Ehe SouEherly
margln of E.he B1ack Point. Road;
Ehence EaBt,er1y along sald Southerly margin Eo the Point af
Beginnlng.
Situat,e in Lhe CounEy of ,Jefferson, State of I{ashingt.on.
99999 -97 7 4 lLEGAL I 3 8 E9965. I
FARCEL E:
ThaE porcion of Ehe SouLhwesE 1/4 of the NorthweeE l/tl of Sectiorr
l-5, Townshlp ?5 Nort,h, Range 3 West,, W.M.. as followa:
A strlp of land 250 feeu wide }ying Eascerly of and parallell to
rhc Sout,heasEerly rlghe-of-way of StaEe Htghway I0L;
EXCEPI. th6 right of way for Black Polnt, Road as conveyed to
,fetf,ereon County by deed recorded under Audltsor'a Fl].e No. 223421
and 410339, recordg of .Ieffcreon County, Wa8hington.
ALSO EXCEPTING THEREFROM t,he Eollowing deacrlbed Eract;
neglnning at E,he souEhweat corner of, GovernmenE t oE 3,'
thence tl6rth a8' 23' 0? n weslE 308 .14 f eeE co Ehe SouEheaetarlyrighL-of -way of gtat,e Highway No. I01, arrd t,he TRI,S POINT oF
BEGINNING;thence SouEhwesleuly along sald Highway. 117 feeE,
chence SouEh 88'23' o?u Easb, to a poinL 1?5 feet wesE of uhe
hlgh Eide line;
Ehence Northeaetarly fo a point. on the NorEh line of uhe
Souuhwest l/4 of uhe tlorchweEe 1/4, 100 feeE weuE o.f satd hlgh
Eide Iine;
rhence North 88 " 23',O?{ ?IaBE to the rRIIE POrNT oF BESTNNINO of
this exception.
SiEuate ln the county of Jefferson, st.at€ of waahlngron,
PARCEL F:
Lot 1 of WaEertouch shorE Plae, as reeorded in Vo1une 2 of ShortPLacs, pages ?05 and 206, recorde of rleff,erson County,
WashingLon, being a portlon of SeeEion 15, Townahip 25 North,
Range 2 WeaE, 9l .M,, .Tefferson CounEy, I*Iaehj,ngCon.
SitsuaEe in che County of Jef,ferson, StaEe of, WashingLon..
PARCEI; G I
LoE, 2 of WarerEoueh short PlaE, ei8 trecorded in Volume 2 sf, ShcruPlatss. pages 2O5 and 206, reeorde of .Tefferson County,washingt.on, belng a porElon of seeElon 15, townshlp 25 North,
Range 2 WeBtr, W.M., ,Ieffsrson Counuy, wrBhington.
SiEuabe ln Ehe County of Jefferson, State of T{ashingEon.
99999 -97 7 4 /LEGAL I 3 889965. I
FARCBLT H r
LoE,3 of ?IaEert,ouch 6hort PLaE, as rrcorded in Volume 2 of ShorEPlabs, pageB Zas and 206t records of 'Jefferson County,
[']ashlngton, being a portion of sectlon 15, Township 25 North,
Range 2 west, !0.1'1,, Jeffereon CounEy, }laehingLon.
Situate in Ehe County of .Iefferson, 6EaEe of lfashington.
PARCEI.T I:
Lot. 1., PleasauE, Harbor Marlna Short Pl.at, as per plat recorded ln
Volume 2 of Short Plate, pages 221 Eo 223 and Emended in volurne
3 of Short PlaE.s, pages I to 10, recorde of ,f,efferson County,
washington, EXCEPT thau porElon of lot, L described aa follows:
That porbion of GovernmenE lrot 3 abuLting 2nd c1ass t,ldelands in
Section 15, Township 25 Nort,h. Range 2 tlest , W,14. , ,Ief fergon
CounEy, l{ashlngton, being more parE,icularly deecribed ae follows r
Commencing aE Ehe Nofth L/4 corner of Sect,ion 15, Tovnship 25
NorLh, Range 2 WgsE, W.M., rfeffereon County, WaehingEon;
thence South 88- 13' 42" East, along the NorEh 1lne of said
SecLion 15 for a di8tance of 364.50 feet, Eo the point of
beglnning;
thence continuing Soueh 88o 13' 42n Ease 238.?5 feet, to Ehe llne
of mean high ride;
t.hence south et'iz,o0.. t{esE along Ehe Llne of mean hlgh Eide
34,78 feeE;
Ehence North +00 4L, 5{}' ulest alorg Ehe llne of mean high Eide
3.31 feet;
Ehence SouE,h 62o 36, X9,,Wegt along che line of mean hlgh tide
25.83 feeE,; -
chence SouEh 870 5{' 35,t West 155,65 feet;
thence North 21' 2!' 05,r tiesb 43 . OO f eeE to Ehe point of
beginning,
AND AL,SO EXCEPTING Second Claes Eideland as conveyed by the St,at,eof WashingEon. in front of, adjacent go and abutflng Ehe abovedeeeribed excepE,ed uplands.
Situate in Ehe County of lIef ferson, Seate of WaehlngEon.
99999 -97'1 4tLEcAL t 3 889965. I
PARCEL J: SOZtazorA
IJoE 2, PleaeanE Harbor Marlna ShorE, P1aL, aE Per plaL rccorded in
Volume 2 of Short. PlaEs, paSIeE 221 through 223, and amend€d ln
Volume 3 of Short F1ats, pagreB I through 10, recorda of ,.fefferaon
CounLy, Waahingion.
TOGEIHER WITH second claae tidelande, rE eeDweyad by the StaEe ofliaehington, sltuate 1n (ront, of, adlacenE Eo and abuCCing
Ehereon.
Sltuate in the County of 'Jefterdon, gEatG of WaEhlrrgton.
PARCET.. K: EoZ I {leo glooxt
Thoee port,lons of E,he Sout,hweac L/4 of the souE,heasE t/4 ofgectlon 15, and Government l,ou 2 of Secuiot't 22, bot,h in Tot'rnshtp25 North, Rangc 2 Weet, Sl,M., tTefferson Countsy, Washlngton,deecrtbed ae foLlows:
Tlre BaeE 345.00 feet, of, said Southweat L/4 of tha SoutheaaE 1/4,
aE m€asutred along bhe NorEh llnq Ehereof ..
TCGETHER t'll'fH thau portion of said GovernrnenE Lot 2 lying EasC of,lhe Sout,her).y prolongaElon of Eha West llnc of sald Ea€t 3{5.00feec;
SlEuatse in tshe CounEy of Jeff,ereon, Strabe of Waehtnguon.
pARCBL re: gozlf ar*1 Jos* P^F.{P6
Thoee porcions of. Ehe SouthwesU l/4 of Lhe SouLheaet !/4 ot
Sect,lon 15, and covernm€Dt IJct 2 of Sectiton 22, both 1n Townehip25 NoaEh, Range 2 West,, W.M., JeEferaon Cou.frE,y, waBhlngton,
deecrlbed ae follows:
The Ea6E 520.00 feeE legs ehe East 345.00 feec of said SouthwaeEL/4 of Ehe SouEheagt, l/4, aa meagured along che NorEh llne
Ehcreof
TOGETHER !,IITH thae port.ion of sald GovernmenE IJots 2 lying BaBCof the Southerly prolongatlon o! the weaL line of sald Earl
520.00 feeE and Wegt of the Boutherly prolongaEl,on of Ehe Ea6t,Ltne of sald EaeE 3{8.00 f,eet.
slEuaEe 1n Ehe County bt Jefferson, gteEe of tlaahlngtson.
99999 -9',1 7 4 lLEGAL I 3 889965. I
PARCETT M: f ozr{ S>ZZ Ch apu# f71e ''trcd
thoee porElone of the SouthwesL L/4 of the $out,heast L/4 ofBectton 15, and GovernrnBnt l,ot 2 of SecElon 22, both in Township25 Norlh;., :Range 2 .f.JesE,: W.M,,. Jefferson OCuEny, WaehingEon,deecrlbod:as followe; . ., , ,
The EasE 595.00 feeE less,Ehe Eaat 520.00 f,eet of eaid Southwestl/4 of, the southeJsc Ll4r dB measured along the NorEh 11nothereof.
TOGE'IHBR WITII that portion of said Governmcnt toE 2 lylng East ofthe Sout.herly prolongaEion of the WeEt, ltne of, eald BasE 595,00feet, and Weet of Ehe goutherly prolougatlon of, the EaEt llne ofsaid East 520. OO faet .
.
Sltsuate ln the CounE,y of ,leffergon, gEat,e of, WaEhingEon.
Parcel N: 502152017
Lot 4 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
99999 -g'.t 7 4 /LEGAL I 3 889965. I
Records exnmj.ned tso F€.lruary LO. 2(l()6. at 8:Oo A-M.
'-')',; 1.;: r; i: '.:ii,,. .., .,i: i rr. ll l:il, , :
ordinanceNumber: 01-0128-oB
Exhibit B
MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR
Brinnon MPR
BOCC Adopted Boundury
January 14,2008
DNR Lease
Legend
MPR Boundary &
x.s.
250 1,000 Feet
Figure 8
NOTICE OF ADOPTION BY THE
JEFFERSON COT NTY BOARD OF COMI/flSSIOI\IERS
OF COMPREHENSTYE PLAI\T AMENDMEI{TS
NOTICE IS HEREBY GIVEN that the Board of County Commissioners (BoCC) for Jefferson County
enacted Ordinance #[Replace with number] on January 28, 2008, thereby adopting the Brinnon MPR
Comprehensive Plan amendment associated with the 2007 Comprehensive Plan amendment cycle; the
decision having been made on January 14, 2008, following the schedule outlined in Resolution #113-07,
signed on December 10, 2007.
The Adopting Ordinance was enacted during the regular Consent Agenda at 9:30 AM in the BOCC
Chambers, Jefferson County Courthouse, l82l Jefferson St., Port Townsend. Following is a brief
description of this amendment to the Comprehensive Plan. This case has a Master Land Use Application
(MLA) file number for reference and is a site'specific amendment.
MLA06-87: The Statesman proposal was approved as revised with conditions, to amend the Jefferson
County Comprehensive Plan on pages 3-23 and 3-45. The comprehensive plan narrative on page 3-23
would be amended to add language below the last paragraph to read:
"Early in 2008, Jefferson County designated a new master planned resort (MPR) in Brinnon. The new
master planned resort is 256 acres in size and includes the Pleasant Harbor and Black Point areas. The
Marina area is existing and would be further developed to include additional commercial and residential
uses such as townhouses and villas. The Black Point area of the new resort would include new facilities
such as a golf course, a restaurant, a resort center, townhouses, villas, staff housing, and a community
center. The overall residential construction would not exceed 890 total units."
The comprehensive plan land use map desigrrations on page 345 for this area would be changed to reflect
a master planned resort as outlined in the November 27,2007 final environmental impact statement on
page l-4.
Five additional site-specific Comprehensive Plan Amendments for the 2007 amendment cycle are enacted in
a separate Adoption Ordinance.
Availability of Information: Copies of the adopted ordinance are available at the Jefferson County
Courthouse, l82l Jefferson St,, Port Townsend WA 98368, (360) 385-9100. A copy of the full text of
the ordinance will be mailed out upon request. Background information is available at the Dept. of
Community Development, 621 Sheridan Street, Port Townsend and on the DCD web pages:
www.cojefferson.wa.uVcommdevelopment. Contact Karen Barrows for more information: (360)3794482
or kbarrows@co jefferson.wa.us .
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PLEASANT HARBOR NEIGHBORHOOD WATER SUPPLY PROGRAII
APPLICATION NO. G2AO€6
February 24,2010
The following four elements to protect existing water rights concern water right
application no. G2-30436:
1. Monitorino Proqram
This monitoring program meets and exceeds all requirements for a High Risk
SIPZ zone as defined by Jefferson County. Though Pleasant Harbor is not
located in a high-risk zone, the resort has committed these resources to assure
its neighbors and the County fftat the aquifer is being wisely used and protected
A copy of the Pleasant Harbor Groundwater Monitoring Plan, as revised
February, 2010, is attached and incorporated herein ('monitoring plan').
The following summarizes the monitoring program.
(a) Water quality samples will be collected on a quarterly basis.
(b) Flow meters willbe installed.
(c) Pleasant Harbor will have a very thorough network of monitoring
wells (8) which will be used to document draw down conditions in
the aquifer.
(d) The network will include monitoring aquifer salinity conditions on
one-half hour increments.
(e) The locations of Pleasant Harbor wells will be located over 1,000
feet fom any neighboring well or the shoreline.
(f) The existing well has supplied water at similar to proposed rates
with no adverse impacts (chlorides = 0).
(g) Hydrogeologic analysis is completed.
(h) Pleasant Harbor will route all site water into the aquifer in such a
manner that the aquifer will actually be receiving more water than
under existing natural conditions.
(i)This program will be continued for five years or until the resort has
achieved full build-out, whichever is longer.
2. Recharoe Areas. Pleasant Harbor will set aside recharge areas to
mitigate an impact scenario or provide access (connect) to neighboring paroels to
Neighborhood Watsr Supply Program - Page 1
the Pleasant Harbor water system in the event of a problem with increased
chlorides (we also have the option to drill them a new well). The identification of
an impact is already presented in the County's SIPZ program.
3. lnitlal Mitioation Measures. lf the monitoring program and evidence of
increased chlorides in neighboring wells show a probable salt water intrusion
impact on the wells ftom 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 adding points of withdrawal, in addition to recharge
as provided in paragraPh 2 above.
4. Water Supplv Replacement. ln Jefferson County's approval of the FEIS
completed for Pleasant Harbor, Jefferson County has included condition P, the
Neighborhood Water Policy, which requires Pleasant Harbor to provide access to
its water system by any neighboring parcels if salt water intrusion becomes an
issue for neighboring wells on Black Point. Statesman proposes to expand and
define the terms of this policy as a condition of the water rights, as follows.
lf the initial mitigation measures stated in paragraphs 2 and 3 above do not
correct or resolve the salt water impacts detected by the monitoring program,
Pleasant Harbor will offer at its cost sufficient mitigation and/or replacement
water for potable water for any existing home on a wellthat has an increase in
chloride levels as follows and under the following conditions:
(a) The neighboring resident's well is within the radius of influence of
the Pleasant Harbor wells. Until such time that Ecology has
sufficient evidence to delineate this area of influence, wells located
on the Black Point Peninsula in the same aquifer as Pleasant
Harbor's wells are covered by this neighborhood policy.
(b) The well owner provides conclusive evidence that, over a
statistically relevant period of time, chloride levels have increased
over chloride levels in the well prior to Pleasant Harbor's use of
groundwater, including but not limited to, evidence that the increase
in chloride levels is from the Pleasant Harbor groundwater use and
not from the construction of the well owner's well, and the data from
the monitoring program is consistent with the increase in chlorides.
As a default standard, Pleasant Harbor will provide an altemative
water supply if chlorides in a well exceed baseline (pre-Pleasant
Harbor groundwater use) by 15% that results in levels above 200
mg/l; or levels increase by 30o/o that results in levels above 100
mg/l over a 12-month period (250 mg/l is the SDWA standard).
(c) Pleasant Harbor has the right to request additional evidence from
the resident showing that the Pleasant Harbor groundwater
withdrawal is the cause of the increase in chlorides if the increase
Neighborhood Water Supply Program - Page 2
is isolated to one well, the increase is likely caused by another
problem, and the only reasonable water replacement is a new well
(d) The monitoring program will be continued for five years or until the
resort has achieved full build-out, whichever is longer. Afrer this
period, the leve! of monitoring may be decreased unless there is
significant data showing increased chlorides, and Ecology
determines the monitoring program must be continued.
(e) lf Pleasant Harbor provides replacement water from the Pleasant
Harbor system, it may apply for consolidation of the water rights
under RCW 90.44.105. The well owner will waive any claims
against Ecology or against Pleasant Harbor for any impairment of
the water right if Pleasant Harbor offers a reasonable alternative
source as provided above.
Neighborhood Water Supply Program - Page 3