HomeMy WebLinkAbout113Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Attachments:
Philip Hunsucker <PHunsucker@cojefferson.wa.us>
Friday, June 23, 2017 1:00 PM
Susan Porto
Patty Charnas; Stuart Whitford; Michelle Farfan
RE: Draft Neighborhood Water Policy for Pleasant Harbor MPR - ATTORNEY-CUENT
COMMUNICATION
2017 06 23 Neighborhood Water Supply Program - PAO DRAFT.docx
Susan
Thanks for sending this on to me. Consistent with my call with you on 6/2/77,1 have re-written the policy so that
the policy does not conflict with federal and state law for public water supply systems. Under state law, the State
Department of Health is the primary regulator of municipal water in the
State. See: http://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater. However, sometimes the State
Board of Health, the County Board of Health and the County Public Health Officer have roles,
It is apparent that the Developer wrote the initial draft without the assistance of a person experienced in water
system creation and compliance because:
The initial draft had the Department of Ecology as the involved regulator for drinking water, when
Ecology's role relates to the water rights permit requirements and groundwater protection.
The initial draft makes no mention of the Federal Safe Drinking Water Act which drives all the drinking
water standards in the United States.
The initial draft presumes the Developer can force a settlement between private parties and Ecology.
I could go on, butyou getthe point.
Basically, the developer needs to set up a water company, following state law. Then, that water company does
what a water company is required to do under federal, state and local law to provide safe drinking water. There
are requirements on top of the state law requirements in Condition 63[p) of County Ordinance 01-0128-08.
The changes required make it clear to the developer and the public that ultimately will review this policy that the
developer will do all the things required to purvey municipal water in the State of Washington and in Jefferson
County.
I am sending this to Stuart Whitford as well because I think regulatory compliance for the County on safe drinking
water is in Environmental Health's bailiwick and the director should sign off on the final policy for the County. If
that is not correct, please let me know.
We are due to send our re-draft to the Developer on Monday, 6/26/17 . I realize this is short notice, so please do
what you can to provide input as soon as possible.
Given the shortness of time, Iikely, we will provide this draft to the developer, stating that that Environmental
Health still needs to review this draft, which was revised, in part to address comments sent by your department to
DCD,
Thanks.
a
a
a
Philip
1
Philip C. Hunsucker
f efferson County Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecutor's Office
P.O. Box 1220,PortTownsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
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 exemptfrom production to the requester according to state low, including RCW 42.56 and
other state laws,
From: Michelle Farfan
Sent: Tuesday, June 73,20L7 1-:08 PM
To: Philip Hu nsucker <PH unsucker@co.jefferson.wa.us>
Subject: FW: Draft Neighborhood Water Policy for Pleasant Harbor MPR
Hi Philip
Here's Susan Porto's comments regarding the Neighborhood Water Policy. Susan Porto is on vacation and will return on
6lLs.
May need a phone conversation with Susan...
Michelle Farfan
Associate Planner, Pleasant Harbor 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 @co. 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.
From : Susa n Po rto Ima ilto :SPorto @co. iefferso n.wa. us]
Sent: Thursday, April 27,2077 5:23 PM
To: Scott.Pollock@DOH.WA.GOV
Cc: Michelle Farfan <MFarfan@co.iefferson.wa.us>; Walker, Teresa (DOH) <Teresa.Walker@DOH.WA.GOV>
Subject: FW: Draft Neighborhood Water Policy for Pleasant Harbor MPR
Scott,
My comment to the Planning Departments request for review are attached. Per our conversation today, please review
and comment not. Read message below regarding the grammar/spelling issues....
2
Specifically I am questioning the source water protection area for the Pleasant Tides water system and the planned
development in that area.
Thanks,
Susan
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CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain
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recipient,pleasecontactthesenderbyreply e-mail anddestroyall copiesoftheoriginal message.
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Alle-mail senttothisaddresshasbeenreceivedbythe JeffersonCountye-mail systemandisthereforesubjectto thePublicRecordsAct,astate
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: Susan Porto
Sent: Wednesday, April 26, 2017 4:1.6PM
To: M ichelle Fa rfa n < M Fa rfan @co.iefferson.wa. us>
Cc: Stua rt Wh itfo rd <SWh itford @ co. iefferso n.wa. us>
Subject: RE: Draft Neighborhood Water Policy for Pleasant Harbor MPR
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
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www 4ef f er s o wc o r,twtgT wbLLch e aLth. o r g
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. lf youarenot theintended
recipient,pleasecontactthesenderbyreply e-mailanddestroyall copiesoftheoriginal 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 42.55. 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 42.55.
3
From: Michelle Farfan
Sent: Tuesday, March 74,2017 10:36 AM
To: Susan Porto <SPorto@co. iefferson.wa.us>
Cc: Stua rt Wh itfo rd <SWh itford @ co. iefferso 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
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
31,20L7. 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:360-379-4457
mfa rfa n @co. 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 42.55 and other state laws.
4
PLEASANT HARBOR NEIGHBORHOOD
WATER SUPPLY PLAN
June 21, 2017
Neighborhood Water Supply Plan - Page I
1
2
Table of Contents
Purposes of this Policy...
Definitions
Baseline Standard. ....
Black Point.
County.
County Board of Health.....
Department
Developer.
Developer's Property.
Ecology
Environmental Health Director.
Groundwater Monitoring Plan. ...
High Risk SIPZ.........
Neighboring Well
Ordinance.
Permit.
Pleasant Harbor Water System.
Pleasant Harbor Wells.
Pleasant Tides Water Co-Op.
Pleasant Tides Operator...
Pleasant Tides Wells........
Policy.
Potential Threat.
Public Water System.
Regulation
Safe Drinking Water Act. ...............
Satellite System Management Agency.
Seawater Intrusion Policy.
SIPZ.
State Board of Health..
Well Construction Standards. ....
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3 Compliance Required with All Applicable Federal, State and Local Standards and
Requirements for a Public Water System...... ........7
Neighborhood Water Supply Plan - Page 2
a. Compliance Required
b. Operating Permit for Public Water System Required.
c. Continuing Compliance with Operating Permit Required.
d. Compliance with Ownership or Operation Requirements Contained in RCW70.1194.060(2)........... .....................8
4 Compliance with All Requirements of the Permit, the Ordinance, and the
Seawater Intrusion Policy.
5 Compliance with Groundwater Monitoring Plan Requirements.....
6 Compliance with Condition 63(p) of the Ordinance.
a. Required Coordination. ............
b. Reserve Areas Required.
c. Replacement Water Required for Affected Neighboring Wells..
7 Mitigation Measures for Impacts to the Pleasant Harbor Wells. ....
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Neighborhood Water Supply Plan - Page 3
"County" means Jefferson County, a municipal corporation under the laws of the State
of Washington.
I Note: This system clearly is a Public Water System as defined in WAC 246-290-010(204) and WAC
246-290-020(t).
2 Note: This is all required by RCW 70.I 1o9A.060.
3 Note: This is from the original draft policy provided by Statesman.
a See, for exampl'e: http ://www.wawater. com/ccrl
Neighborhood Water Supply Plan - Page 4
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).1
The purposes of this Pleasant Harbor Neighborhood Water Policy (this Policy) are to:
(a) Assure safe and reliable public drinking water and to protect the public health;
(b) Assure that the Developer and the Pleasant Harbor Water System (defined below)
take whatever investigative or corrective action is necessary to assure that a safe and
reliable drinking water supply is continuously available to users;
(c) Ensure that the Developer and the Pleasant Harbor Water System comply with all
applicable standards and requirements for a public water system under applicable
federal, state and local laws;2 and,
(d) Meet and exceed all 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) actually 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.3
2 Definitions.
a. Baseline Standard.
"Baseline Standard" means 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.a
b. Black Point.
"Black Point" means the Black Point area in Brinnon, Washington where the
Developer's Property is located.
c. Countv.
d. County Board of Health.
"County Board of Health" means the Board of Health for the State of Washington.
e. Department.
"Department" means the State of Washington Department of Health.
f. Develooer.
"Developer" means Pleasant Harbor Marina and Golf Resort, LLP, a Washington
limited liability partnership, and any successor or assign.
g. Developer's Property.
"Developer's Property" means the master planned resort proposed by the Developer
that is the subject of the Ordinance.
h. Ecology.
"Ecology" means the State of Washington Department of Ecology.
i. Environmental Health Director.
"Environmental Health Director" means the Director of the County Department of
Environmental Health its designee.
j. 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 Environmental Health Director.
k. Hieh Risk SIPZ.
"High Risk SIPZ" means aSIPZ where areas within 1,000 feet of a groundwater
source with a history of chloride analyses over 200 mglL.
l. Neighboring Well.
"Neighboring Well" means any municipal water supply well on Black Point that is
not located on the Developer's Property. Neighboring Wells include the Pleasant
Tides Wells (defined below).
m. Ordinance.
"Ordinance" means Jefferson County Ordinance 0 1 -0 I 28-08.
Neighborhood Water Supply Plan - Page 5
n. Permit.
o'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.
o. Pleasant Harbor Water System.
"Pleasant Harbor Water System" means the proposed Public Water System for the
Developer's Property.
p. Pleasant Harbor Wells.
"Pleasant Harbor Wells" means the municipal water supply wells in the Pleasant
Harbor Water System.
q. Pleasant Tides Water Co-Oo.
"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) andG2-27964 (Pleasant Harbor Beach Tract).
r. 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.
s. Pleasant Tides Wells.
"Pleasant Tides Wells" means the Pleasant Tides Co-Op's municipal water supply
wells at Black Point.
t. Policy.
"Policy" means this Neighborhood Water Supply Policy.
u. Potential Threat.
"Potential Threat" means increasing levels of chlorides as demonstrated by data
collected and arrulyzed from groundwater pursuant to the standards required by the
Regulation when: (i) chloride in such well exceeds Baseline Standard by l5oh,
resulting in chloride levels above 200 mgfl; or, (ii) chloride levels increase by 30Yo,
resulting in levels above 100 mg/l over a l2-month period.
v. Public Water Svstem.
"Public Water System" means a public water system as defined in WAC 246-290-
010(204) and WAC 246-290-020(t).
Neighborhood Water Supply Plan - Page 6
w. Resulation.
"Regulation" means Ch. 246-290, WAC.
x. Safe 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.
v Satellite System Manaeement Agencv.
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.s
z. Seawater Intrusion Policy.
"Seawater Intrusion Policy" means the Jefferson County Seawater Intrusion Policy
contained in JCC 18.22.130(8).
aa. SIPZ.
"SPIZ" means seawater intrusion protection zone) an area where aquifers and land
overlaying aquifers has some degree of vulnerability to seawater intrusion. See JCC
I 8.10. l 90.
bb. State Board of Health.
"State Board of Health" means the Board of Health for the State of Washington.
cc. 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).
aJ Compliance Required with All Applicable Federal" State and Local
Standards and Requirements for a Public Water System.
a. Compliance Required.
Pursuant to RCW 70.1 19A.1 10 and this Policy, the Developer and the Pleasant Harbor
Water System shall comply with all applicable standards and requirements for a public
water system, including: (i) the Safe Drinking Water Act; (ii) state law (including the
5 See: http://www.doh.wa.eov/Portals/1 /Documents/4200/SMA-List.pdf.
Neighborhood Water Supply Plan - Page 7
Regulation); (iii) rules adopted by the Department, by the State Board of Health or the
County Board of Health; and, (iv) local laws (including the Ordinance). Such
compliance specifically includes compliance with RCW 70.1194.060.
b. Operatine Permit for Public Water Svstem Required.
Pursuant to RCW 70.119A.110, the Developer will apply for and obtain an operating
permit for a public water system for the Pleasant Harbor Water System.
c. Continuing Compliance with Operating Permit Required.
Pursuant to RCW 70.119,4..110, upon issuance of an operating permit from the
Department, the Pleasant Harbor Water System shall meet or exceed the continuing
requirements for an operating permit for a public water system.
d. Compliance with Ownership or Operation Requirements Contained in RCW
70.119A.060(2).
The Developer and the Pleasant Harbor Water System shall ensure that pursuant to
RCW 70.1194.060(2), the Pleasant Harbor Water System: (i) Is owned or operated
by a Satellite System Management Agency and the satellite system management
system complies with financial viability requirements of the department; or, (ii)
Obtain a determination from the Department and the County Board of Health that a
Satellite System Management Agency is not available, but that the Pleasant Harbor
Water System has sufficient management and financial resources to provide safe and
reliable service.
4 Compliance with All Requirements ofthe Permi t, 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.
Neighborhood Water Supply Plan - Page 8
5 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
concurence of the Department, Ecology and the Environmental Health Director.
6 Compliauqq
a. RequiredCoordination.
The Developer shall coordinate with the Department, Ecology, the Environmental
Health Director and the Pleasant Tides Operator if there is groundwater data that
demonstrates a Potential Threat to any municipal water supply wells at Black Point,
whether on the Developer's Property or not.
b. Reserve Areas Required.
The Developer shall reserve areas for additional municipal water supply wells to be
included if, any Neighboring Wells fail, become periodically inoperable, or cause
mounding.
c. Replacement Water Required for Affected Neighboring Wells.
If saltwater intrusion presents a Potential Threat to any municipal water supply wells
in Neighboring Wells, the Developer shall, at the option of the owner of the affected
Neighboring Well: (a) Allow connection to the Pleasant Harbor Water System; or,
(b) Drill a substitute municipal water supply well pursuant to the Well Construction
Standards.
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, close 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 Mitigation Measures for Impacts to the Pleasant Harbor Wells.
If either: (a) The Groundwater Monitoring Plan; or, (b) Data collected in accordance
with the Regulation shows increased chlorides any Neighboring Wells, show a
probable salt water intrusion impact on the Pleasant Harbor Wells from withdrawal
of groundwater from the Pleasant Harbor Wells, the Pleasant Harbor Water System
shall implement a plan approved by the Department and the Environmental Health
Director to mitigate or minimize such impact including considering lower pumping
rates, adding points of withdrawal or both, in addition to the requirements of Section
5..
Neighborhood Water Supply Plan - Page 9
(STGNATURES FOLLOW ON NEXT PAGE)
Neighborhood Water Supply Plan - Page l0
PLEASANT HARBOR MARINA AND GOLF RESORT, LLP
M. Garth Mann,
Title:
Pleasant Harbor Marina and Golf Resort, LLP
Date:
Approved By Jefferson County Environmental Health:
Stuart Whitford,
Jefferson County Environmental Health Director
Date
Neighborhood Water Supply Plan - Page I I