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HomeMy WebLinkAbout115Neighborhood Water Supply Plan - Page 1 6/26/17 (This version has edits made by Michelle Farfan and Susan Porto. Additional comments will be forthcoming from Environmental Health) PLEASANT HARBOR NEIGHBORHOOD WATER SUPPLY PLAN June 21, 2017 Formatted: Left Formatted: Font: 12 pt 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. ............................................................................................................. 4 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. ............................................................................................ 5 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. ............................................................................................... 6 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. ....................................................................... 7 3 Compliance Required with All Applicable Federal, State and Local Standards and Requirements for a Public Water System. ................................................................... 8 Neighborhood Water Supply Plan - Page 3 a. Compliance Required. ...................................................................................... 8 b. Operating Permit for Public Water System Required. ..................................... 8 c. Continuing Compliance with Operating Permit Required. .............................. 8 d. Compliance with Ownership or Operation Requirements Contained in RCW 70.119A.060(2). ....................................................................................................... 8 4 Compliance with All Requirements of the Permit, the Ordinance, and the Seawater Intrusion Policy. ........................................................................................... 8 5 Compliance with Groundwater Monitoring Plan Requirements. ......................... 9 6 Compliance with Condition 63(p) of the Ordinance. ........................................... 9 a. Required Coordination. .................................................................................... 9 b. Reserve Areas Required. .................................................................................. 9 c. Replacement Water Required for Affected Neighboring Wells. ...................... 9 7 Mitigation Measures for Impacts to the Pleasant Harbor Wells. ....................... 10 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.4 b. Black Point. “Black Point” means the Black Point area in Brinnon, Washington where the Developer’s Property is located. c. County. “County” means Jefferson County, a municipal corporation under the laws of the State of Washington. 1 Note: This system clearly is a Public Water System as defined in WAC 246-290-010(204) and WAC 246-290-020(1). 2 Note: This is all required by RCW 70.119A.060. 3 Note: This is from the original draft policy provided by Statesman. 4 See, for example: http://www.wawater.com/ccr/. Neighborhood Water Supply Plan - Page 5 d. County Board of Health. “County Board of Health” means the Jefferson County Board of Health for the State of Washington. e. Department. “Department” means the State of Washington Department of Health. f. Developer. “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 Environmental Health of the Jefferson County Public Health Department County Department of Environmental Health or 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. 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. l. Neighboring Well. “Neighboring Well” means any municipal or individual water supply well on Black Point that is not located on the Developer’s Property. Neighboring Wells include the Pleasant Tides Wells (defined below). Formatted: Strikethrough Commented [MF1]: .. Formatted: Strikethrough Neighborhood Water Supply Plan - Page 6 m. Ordinance. “Ordinance” means Jefferson County Ordinance 01-0128-08. n. 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. 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-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). 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 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. Neighborhood Water Supply Plan - Page 7 v. 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). w. Regulation. “Regulation” means Ch. 246-290, WAC. x. 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. y. 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.5 z. Seawater Intrusion Policy. “Seawater Intrusion Policy” means the Jefferson County Seawater Intrusion Policy contained in JCC 18.22.130(8). aa. SIPZ. “SPIPZ” 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. 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). 5 See: http://www.doh.wa.gov/Portals/1/Documents/4200/SMA_List.pdf. Neighborhood Water Supply Plan - Page 8 3 Compliance Required with All Applicable Federal, State and Local Standards and Requirements for a Public Water System. a. Compliance Required. Pursuant to RCW 70.119A.110 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 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 70.119A.060. b. Operating Permit for Public Water System 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 70.119A.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 70.119A.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 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 Formatted: Strikethrough Neighborhood Water Supply Plan - Page 9 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. 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 concurrence of the Department, Ecology and the Environmental Health Director. 6 Compliance with Condition 63(p) of the Ordinance. a. Required Coordination. 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 or individual 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 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. Formatted: Strikethrough Neighborhood Water Supply Plan - Page 10 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 in any Neighboring Wells, shows 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 6 . (SIGNATURES FOLLOW ON NEXT PAGE) Neighborhood Water Supply Plan - Page 11 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: ___________________________