HomeMy WebLinkAbout111Neighborhood Water Supply Plan - Page 1
PLEASANT HARBOR NEIGHBORHOOD
WATER SUPPLY PLAN
June 21, 2017
Neighborhood Water Supply Plan - Page 2
Table of Contents
1 Purposes of this Policy. ........................................................................................ 4
2 Definitions. ........................................................................................................... 4
a. Baseline Standard. ............................................................................................ 4
b. Black Point. ...................................................................................................... 4
c. County. ............................................................................................................. 5
d. County Board of Health. ................................................................................... 5
e. Department. ...................................................................................................... 5
f. Developer. ........................................................................................................ 5
g. Developer’s Property. ....................................................................................... 5
h. Ecology. ............................................................................................................ 5
i. Environmental Health Director. ....................................................................... 5
j. Groundwater Monitoring Plan. ......................................................................... 5
k. High Risk SIPZ. ................................................................................................ 5
l. Neighboring Well. ............................................................................................ 6
m. Ordinance. ..................................................................................................... 6
n. Permit. .............................................................................................................. 6
o. Pleasant Harbor Water System. ........................................................................ 6
p. Pleasant Harbor Wells. ..................................................................................... 6
q. Pleasant Tides Water Co-Op. ........................................................................... 6
r. Pleasant Tides Operator. ................................................................................... 6
s. Pleasant Tides Wells. ........................................................................................ 6
t. Policy. ............................................................................................................... 6
u. Potential Threat. ............................................................................................... 7
v. Public Water System. ....................................................................................... 7
w. Regulation. .................................................................................................... 7
x. Safe Drinking Water Act. ................................................................................. 7
y. Satellite System Management Agency. ............................................................ 7
z. Seawater Intrusion Policy. ................................................................................ 7
aa. SIPZ. ............................................................................................................. 7
bb. State Board of Health. ................................................................................... 7
cc. Well Construction Standards. ....................................................................... 8
3 Compliance Required with All Applicable Federal, State and Local Standards and
Requirements for a Public Water System. ................. Error! Bookmark not defined.
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a. Compliance Required. .................................... Error! Bookmark not defined.
b. Operating Permit for Public Water System Required.Error! Bookmark not
defined.
c. Continuing Compliance with Operating Permit Required.Error! Bookmark
not defined.
d. Compliance with Ownership or Operation Requirements Contained in RCW
70.119A.060(2). ..................................................... Error! Bookmark not defined.
4 Compliance with All Requirements of the Permit, the Ordinance, and the
Seawater Intrusion Policy. ........................................................................................... 8
5 Compliance with Groundwater Monitoring Plan Requirements. ......................... 8
6 Compliance with Condition 63(p) of the Ordinance. ........................................... 8
a. Required Coordination. .................................................................................... 8
b. Reserve Areas Required. .................................................................................. 9
c. Replacement Water Required for Affected Neighboring Wells. ...................... 9
7 Mitigation Measures for Impacts to the Pleasant Harbor Wells. ................ Error!
Bookmark not defined.
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1 Purposes of this Policy.
The Developer (defined below) proposes to operate a Public Water System (defined
below) at the Developer’s Property (defined below).
The purposes of this Pleasant Harbor Neighborhood Water Policy (this Policy) are to:
(a) Fulfill the requirements of paragraph 63(p) of the Ordinance;
(b) Assure that the Developer and the Pleasant Harbor Water System (defined below)
take investigative or corrective action necessary to assure that its groundwater wells
do not cause saltwater intrusion and compromise the safety and reliability of the
underlying aquifer;
(c) Establish monitoring and mitigation measures that meet and exceed the
requirements for municipal water supply well installation or operation in a High Risk
SIPZ (as defined below), even though the Developer’s Property (defined below) is not
located in a High Risk SIPZ since the Developer made this commitment to assure its
neighbors and the County (defined below) that the aquifer beneath the Developer’s
Property is used wisely and is protected from salt water intrusion.
2 Definitions.
a. Baseline Standard.
“Baseline Standard” means: (i) for the Pleasant Tides Wells, the average of the
results for the constituents measured and reported in the last three annual reports
filed by the Pleasant Tides Operator (defined below) prior to the start of construction
at the Developer’s Property;[1] and, (ii) for individual wells, obtain approval from
Ecology and the Director of DCD (in consultation with the Environmental Health
Director) for sampling at least one individual well located waterward of the
Developer’s Property in each direction to the East and South of the Developer’s
Property. Then, the Developer shall provide to Ecology and the Director of DCD the
results from samples from the selected individual wells not less than 30 days prior to
the start of construction. Prior to construction, the Developer also shall provide
Ecology and DCD copies of the last three annual reports filed by the Pleasant Tides
Operator.
b. Black Point.
“Black Point” means the Black Point area in Brinnon, Washington where the
Developer’s Property is located.
[1] See, for example: http://www.wawater.com/ccr/.
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c. County.
“County” means Jefferson County, a municipal corporation under the laws of the State
of Washington.
d. County Board of Health.
“County Board of Health” means the Jefferson County Board of Health .
e. DCD.
“DCD” means the Jefferson County Department of Community Development.
f. Department.
“Department” means the State of Washington Department of Health.
g. Developer.
“Developer” means Pleasant Harbor Marina and Golf Resort, LLP, a Washington
limited liability partnership, and any successor or assign.
h. Developer’s Property.
“Developer’s Property” means the master planned resort proposed by the Developer
that is the subject of the Ordinance.
i. Ecology.
“Ecology” means the State of Washington Department of Ecology.
j. Environmental Health Director.
“Environmental Health Director” means the Director of Environmental Health Section
of the Jefferson County Public Health Department or it’s designee.
k. Groundwater Monitoring Plan.
“Groundwater Monitoring Plan” means the Revised Pleasant Harbor Groundwater
Monitoring Plan prepared by Subsurface Group, LLC dated February 22, 2010,
attached as Appendix A, as is now in effect or as may be amended with the
concurrence of the Department, Ecology and the Director of DCD in consultation with
the Environmental Health Director.
l. High Risk SIPZ.
“High Risk SIPZ” means a SIPZ where areas within 1,000 feet of a groundwater
source with a history of chloride analyses over 200 mg/L.
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m. Neighboring Well.
“Neighboring Well” means any municipal, community or individual water supply well
on Black Point that is not located on the Developer’s Property, but is located between
the Developer’s Property and Hood Canal and that exists as of the effective date of
the Development Agreement. Neighboring Wells include the Pleasant Tides Wells
(defined below).
n. Ordinance.
“Ordinance” means Jefferson County Ordinance 01-0128-08.
o. Permit.
“Permit” means the permit issued by Ecology on June 16, 2010 under Application
Number G2-30436, attached as Appendix B, as is now in effect or as may be amended.
p. Pleasant Harbor Water System.
“Pleasant Harbor Water System” means the proposed Public Water System for the
Developer’s Property.
q. Pleasant Harbor Wells.
“Pleasant Harbor Wells” means the water supply wells in the Pleasant Harbor Water
System.
r. Pleasant Tides Water Co-Op.
“Pleasant Tides Water Co-Op” means the holder of the ground water permits issued
by Ecology under applications G2-21134C (Black Point Water Co Inc), G2-2363C
(Black Point Water Co Inc) and G2-27964 (Pleasant Harbor Beach Tract).
s. Pleasant Tides Operator.
“Pleasant Tides Operator” means Washington Water Service Company, P.O. Box 336,
Gig Harbor, Washington 98335-0336, Phone: (253) 851-4060, or any subsequent
Satellite System Management Agency operating the Pleasant Tides Wells.
t. Pleasant Tides Wells.
“Pleasant Tides Wells” means the Pleasant Tides Co-Op’s municipal water supply
wells at Black Point.
u. Policy.
“Policy” means this Neighborhood Water Supply Policy.
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v. Potential Threat.
“Potential Threat” means increasing levels of chlorides as demonstrated by data
collected and analyzed from groundwater pursuant to the standards required by the
Regulation when: (i) chloride in such well exceeds Baseline Standard by 15%,
resulting in chloride levels above 200 mg/l; or, (ii) chloride levels increase by 30%,
resulting in levels above 100 mg/l over a 12-month period.
w. Public Water System.
“Public Water System” means a public water system as defined in WAC 246-290-
010(204) and WAC 246-290-020(1).
x. Regulation.
“Regulation” means Ch. 246-290, WAC.
y. Safe Drinking Water Act.
“Safe Drinking Water Act” means the Federal Safe Drinking Water Act, 42 U.S.C.
§300f et seq. as is now in effect or as may be amended and any regulations that
implements it.
z. Satellite System Management Agency.
Satellite System Management Agency means a satellite system management agency
established under RCW 70.116.134 that meets all the requirements of Ch. 246-295,
WAC and is on the Department’s Office of Drinking Water’s List of Approved
Satellite Management Agencies for Jefferson County.1
aa. Seawater Intrusion Policy.
“Seawater Intrusion Policy” means the Jefferson County Seawater Intrusion Policy
contained in JCC 18.22.130(8).
bb. SIPZ.
“SIPZ” means seawater intrusion protection zone, an area where aquifers and land
overlaying aquifers has some degree of vulnerability to seawater intrusion. See JCC
18.10.190.
cc. State Board of Health.
“State Board of Health” means the Board of Health for the State of Washington.
1 See: http://www.doh.wa.gov/Portals/1/Documents/4200/SMA_List.pdf.
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dd. Well Construction Standards.
“Well Construction Standards” means the minimum standards for construction and
maintenance of wells contained in Ch. 173-160, WAC, as it may be amended, and
JCC 18.22.(8).
3 Compliance with All Requirements of the Permit, the Ordinance, and the
Seawater Intrusion Policy.
The Developer shall comply with all requirements of the Permit, the Ordinance, and
the Seawater Intrusion Policy. Compliance with the Ordinance includes full
compliance with Condition 63(p) which states:
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.
For purposes of the Seawater Intrusion Policy, the Developer shall treat the
Developer’s Property as a High Risk SIPZ to provide the maximum protection of the
aquifer that can be required under the Seawater Intrusion Policy.
4 Compliance with Groundwater Monitoring Plan Requirements.
The Developer shall comply fully with the Groundwater Monitoring Plan, as
attached as Appendix A, as is now in effect or as may be amended with the
concurrence of the Department, Ecology and the Director of DCD in consultation
with the Environmental Health Director.
5 Compliance with Condition 63(p) of the Ordinance.
a. Required Consultation.
The Developer shall consult with the Department, Ecology, the Director of DCD in
consultation with the Environmental Health Director and the Pleasant Tides Operator
if groundwater data demonstrates a Potential Threat to any municipal, community or
individual water supply wells on the Developer’s Property or waterward of the
Developer’s Property. The Parties will attempt to determine the cause of the Potential
Threat and identify additional monitoring and mitigation measures if the Potential
Threat is the result of the Pleasant Harbor Wells.
b. Initial Mitigation Measures
In the event of a Potential Threat the Developer shall, after consultation required
in paragraph 5.a., pursue one of the following mitigation measures to address the
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Potential Threat: (1) construction of a recharge well(s); or (2) lowering pumping
rates and/or adding additional points of withdrawal (“Initial Mitigation
Measures”). The Developer may, in its sole discretion, forego the Initial
Mitigation Measures and provide a replacement water source for impacted
Neighboring Wells as specified in paragraph d of this section.
c. Reserve Areas Required.
The Developer shall reserve areas for recharge and/or additional water supply wells
for use if there is a Potential Threat to any Neighboring Wells.
d. Replacement Water Required for Affected Neighboring Wells.
If Initial Mitigation Measures do not address the Potential Threat the Developer shall
provide a replacement water source for affected Neighboring Wells if it the Potential
Threat is caused by the Pleasant Harbor Wells. The Developer, in its sole discretion
and at its sole cost, may: (a) Allow connection to the Pleasant Harbor Water System;
or, (b) drill a substitute water supply well to replace the affected Neighboring Well..
If the Pleasant Harbor Water System provides replacement water in response to a
Potential Threat, it may apply for consolidation of the water rights under RCW 90
44.105, decommission the affected Neighboring Well consistent with the
requirements of state and local law, at the sole cost of the Pleasant Harbor Water
System, and request that the owner of the affected Neighboring Well release any
claims against the Developer and the Pleasant Harbor Water System for any
impairment of the water right in exchange for providing replacement water.
7. Termination.
This Policy shall terminate under the following scenarios, whichever occurs later:
(a) Ten (10) years after the Resort has achieved full build-out and monitoring
required under applicable law and this Policy did not identify a Potential Threat; or
(b) five (5) years after a Potential Threat is addressed and available data
demonstrates that chlorides have stabilized.
(SIGNATURES FOLLOW ON NEXT PAGE)
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Approved By Jefferson County Board of Commissioners
______________________________
Kathleen Kler, Chair
Date__________________________
Approved By M. Garth Mann (President & CEO Statesman Group, LLC )
_______________________________
M. Garth Mann,
President & CEO Statesman Group, LLC
Date ___________________________
Approved as to Form:
By:
Philip C. Hunsucker,
Chief Civil Deputy
Prosecuting Attorney