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HomeMy WebLinkAboutM020695 ij,-'1iIjl~i,_ :;~®2iW ..·.!.i.:.i.I...e.:.'.:....n.,i.l.i.:.¡:.l.l.'rf.l...l.:.~.i.i.!.:ti.l..~.i.l.t.:,.·'."".0'[""'·"£·.';""·.."l,.l.=.·..¡.b¡li.¡.··.·.S·~.t.r...~.··.I.j...:.¡.¡.I.....¡...¡.¡,..lillll~1Ir!!'~1WI····'m .. :!I!!!!!!!::::¡::!¡:¡!!:,::.;:}:::;::;:;:::;:'·:·:::::::.:::.::.,. . ~ .?··\:m00:.;;:¡.·~.:~~~~~::::::::::::;:::.:~I~r=:I~iiill;~i:i:ii:i¡i¡i¡i¡i¡i¡;¡¡::%:::::::::: ..... .........:. ...........::...... MINUTES WEEK OF FEBRUARY 6, 1995 The meeting was called to order by Commissioner Robert Hinton in the absence of Chairman Glen Huntingford. Commissioner Richard W ojt was present. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the minutes of January 9, 17, and 23, 1995 as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. HoteVMotel Voucher and Certification; 1995: Emergency Shelter Grants Program for Clallam/Jefferson Community Action Council, Inc.; State Department of Community, Trade and Economic Development: This voucher and certification is for additional funding for the emergency shelter grant program, Ernie Reid of Clallam/Jefferson 00mmunity Action Council reported. Commissioner W ojt moved to approve and sign the voucher and certification as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. GMA Update: Public Services Director Gary Rowe reviewed the schedule of upcoming meetings. The staff is developing answers to the questions that have been asked at the Board's community meetings over the last several months. The answers will be sent out to the communities. There was a meeting with the City Planning staff last week regarding the Glen Cove study area and there will be some items on the GMA Steering Committee's next agenda regarding that area. They have also been working on updating the population forecasts. Commissioner W ojt asked if a schedule has been developed to identify what needs to be done to have the Comprehensive Plan completed by July? Gary Rowe reported that there has been a schedule developed and it is continually revised as necessary. The goal is to have the draft " ~'2t, t~ì1'54 ."'.:';,..': _',1.-', ...... ..,:::ffff1;fff ..:::ffffrif\~~t~~~~~~: Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . plan completed by June. There will be a public process for adoption of th~ Plan as well as to update the required ordinances once the draft is done. Commissioner Hinton asked the status of the economic development element? Gary Rowe reported that the EDC is prepared to develop this element and a committee will be set up to help them with that task. PUBLIC COMMENT PERIOD: The following items were discussed: The need for a greater effort from the County to meet the deadlines for Growth Management planning; the lack of a clear commitment from the Board regarding the GMA work deadlines; the work by people volunteering on the various committees for GMA planning and how much time they have contributed and can contribute to this process; the work the Planning Commission is doing to assure that ordinances are done in such a way that they won't be appealed; and the request sent to the County's Tourism Coordinating Committee to include a representative from the Jefferson County Historical Society. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner W ojt moved to approve and adopt all of the items on the consent agenda as submitted after Gary Rowe updated the Board on the status of the West End drop box site and the part time employee wage rates. Commissioner Hinton seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 7-95 re: In the Matter of Increasing the Revolving Fund Amount for the Jefferson County Fair 2. AGREEMENT re: Extending Temporary Help for an Additional 90 days; Larry Lammers 3. AGREEMENT re: 1995 Community Services Grant Funding; Continued Availability and Use of the Port Townsend Community Center; Port Townsend Senior Association 4. CONTRACT re: Professional Services for 1995; Public Defense Conflict Case Services; Davies and Jones, Attorneys at Law 5. Application for 1995 Dance License; Hadlock House; Port Hadlock 6. Application for 1995 Dance License; Port Ludlow Resort; Port Ludlow 7. Application for 1995 Dance License; Old Alcohol Plant Lodge; Port Hadlock 8. Application for Assistance from the Veteran's Assistance Fund; VFW Post #3213 for $375.00 9. Request for Payment of First Quarter Allocation, $6,250; Jefferson County Historical Society 10. LEASE AGREEMENT re: Solid Waste Drop Box Site; West End of Jefferson County; Marvin Kelly 11. Final Subdivision Approval; O'Flying Short Plat, #SP21-91; 4.6 Acre Parcel into 4 lots; Located in Brinnon off of Highway 101; R.E. Duppenthaler 12. Setting Part-time Employee Wage Rates for 1995; Recreation Department 13. Setting Part-time Employee Wage Rates for 1995; Public Works Department 14. CONTRACT re: Increase in Funding of the Student Assistance Program; Substance Abuse Intervention; Educational Services District (ESD) 114 "Þ . .e. 21 rac! 155 ..... ······1....·.. ....... ...... ........ ...... ......... ...... .......... ....... ........... ...... ........... ....... ........... ....... ........... ....... ..::::~rj~¡~¡jm¡¡j¡i¡¡;:::::::r~~~~~¡~¡~: Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AGREEMENT re: 1995 Indigent Defense Services for District and Superior Court; Clallam Jefferson Public Defender: Commissioner Wojt moved to approve this agreement for 1995 indigent defense services for the Superior and District Courts as submitted by the Clallam Jefferson Public Defender. Commissioner Hinton seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS DEPARTMENT Presentation of the H.J. Carroll Park Conceptual Plan: Rick Sepler, Madrona Planning, explained that his firm has worked with the Advisory Board to craft the conceptual plan for the H.J. Carroll Park. He then reviewed the conceptual plan (see microfilm record.) This plan assumes a long term process to implement the specific preferred alternative that is recommended by the Advisory Committee. More information is needed in the form of studies on some issues (stormwater and site reclamation), facilities costs, funding sources, and a phased implementation schedule. Commissioner Hinton asked how many parking spaces are planned? Rick Sepler reported that about 150 were discussed even though there are no specific parking space require- ments for a park. Bill Irwin then explained the interpretive center proposed to be built at the park by the Wild Olympic Salmon organization. Commissioner Hinton asked what kind of problem there could be if an organization such as Wild Olympic Salmon were allowed to have a facility at this park? Rick Sepler reported that the building would have to be donated to the County with a lease back provision for Wild Olympic Salmon. The Board would have the final determination on what types of projects will be included at the site. Commissioner W ojt asked about the reclamation of the site with regard to gravel extraction? Gary Rowe reported that the reclamation of the site would be done in phases. The Parks Advisory Board has reviewed the conceptual plan and recommends that the Board approve it, Rick Tollefson, Chairman of the Parks Advisory Committee reported. Commissioner Wojt moved to adopt the conceptual plan for the H.J. Carroll park as presented by the Advisory Committee. Commissioner Hinton seconded the motion which carried by a unanimous vote. Discussion of Project #CRI069 and Possible CZM 306A Grant Application; Construction on Larry Scott Memorial Park; Located Between Port of Port Townsend and Mill Road: ISTEA Coordinator Mium Rubin Crump reported that a grant application will be developed, with the Board's approval, for funds to begin construction of the first part of the trail from the Port of Port Townsend to the Port Townsend Paper Company mill site. ..va. 21 tACE156 ·....·s······.. ....... ...... ........ ....... ......... ...... .':':':':':':':':':' .:.:.:.:.:.:.; ........................ .............. ..:;::~~~~~~~~~~~;~t~t:::;/ttt: Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Board concurred that the Public Works Department staff proceed with developing the grant application. Applications (2) for Assistance from the Veterans Relief Fund: Commissioner W ojt moved to approve the two applications for assistance from the Veterans Relief Fund as submitted by VFW #4607 for $415.00 and VFW#10706 for $240.00. Commissioner Hinton seconded the motion which carried by a unanimous vote. HEARING re: Appeal of Final Mitigated Determination of Non- Significance; Valley View Long Plat, #SUB 94-0079; Subdivide 42 Acres into 14 Lots; Located Near Chimacum-Quilcene Road, Tarboo Creek; Phil Boling: Commissioner Hinton read the hearing procedures and asked the following questions: Q) Is there anyone in the audience who objects to the participation of any of the County Commissioners in these proceedings? A) No one objected. Q) Do any of the Commissioners have an interest in this property or issue? A) Both Board members answered no. Q) Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? A) Both Board members answered no. Q) Can you hear and consider this in a fair and objective manner? A) Both Board members answered yes. Q) Has any member of the Board engaged in communication outside this hearing with opponents or proponents on the issue to be heard? A) Both Board members answered no. Associate Planner Jim Pearson reviewed his February 6, 1995 memo (see microfilm record) regarding the project record for this Subdivision which includes a copy of the plat map. He then referred to the Memorandum in the record to the Responsible Official dated December 12, 1994, sections on earth (page 2), water (page 3), plants (page 4) and animals (page 5.) There are a variety of soils on the site. The slopes are less than 14% with the exception of one drainage area that runs through a deep ravene. The ravene is well vegetated. He explained that there are several drainages across the site and one is a type 4. This drainage carries more water than would typically come from a site like this and it is probably carrying water from the Center Road as well. The road through the site was constructed during the logging of the site and it hasn't been inspected or received any approvals from the County. There is evidence of sedimentation in ditches and culverts. The Public Works Department has made a site inspection of this plat and recommends that exposed soils be revegetated and that a erosion/sedimentation control plan be prepared for the proposal. There are mitigation measures in the final MDNS that require preparation of a drainage and stonnwater plan, implementation of erosion and sedimentation control measures and a notice is required on the plat noting that land disturbing activities not be undertaken unless there is prior review of a stonnwater management plan by the Department of Public Works. :-. 21··tAG~157 ..·..·1···....· ......... ...... ......... ....... ......... ...... ......... ....... ......... ...... ......... ....... ......... ...... .......... ....... ,.::;:::::;:::::::::;:;.;.;;.::::::::::;:: ....................... ........................ ........................ ......................... Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In addition to the two major drainages there are two smaller ones on the site. These drainages all flow off-site. There is type 4 stream that runs along the northerly boundary of the site which eventually flows into Tarboo Creek. The portion of the stream that flows into Tarboo Creek and Tarboo Creek itself are Type 3 streams. It is approximately 1,200 feet from the boundary of the site to the place where this stream becomes a Type 3 stream. The road on the site does cross the drainages. Jim Pearson continued by noting that this property was logged under a Forest Practices Pennit (#02-12-608). At that time the applicant indicated he did not wish to convert the property. When the subdivision application was submitted the Board declined to place a development moratorium on the site. The site is a Critical Area under the County's Critical Areas Ordinance because of the presence of Type 4 and 5 drainages on the site. No significant wildlife populations were identified on or immediately adjacent to the site. The following areas are being appealed by the Port Gamble S'Klallam Tribe, Jim Pearson reported: 1. 2. Insufficient information to evaluate the proposal. There is no storm water drainage or erosion control plans. The Public Works Department has reviewed the proposal and determined that preparation of those plans would be sufficient to mitigate significant impacts from this proposal. Mitigation #2 requires the preparation of a temporary erosion and sedimentation control plan to the standards of the Washington State Department of Ecology Storm- water Manual within 30 days of the final threshold detennination. There has been construction on the site which was not done with any review from the County Public Works Department. The width of the buffers around the Type 4 and 5 drainages. The buffers are 15 feet on each side of these streams which is consistent with the County's Critical Areas Ordinance. The proposed subdivision is a low intensity land use, and the buffers required by the CAO are 15 feet. The concern is that these buffers should be increased. There are four conditions (in the CAO) which may make it necessary to increase buffer width: · To maintain viable populations of existing species of anadromous fish. There are no such fish species in these drainages. The mitigation as proposed, the Planning staff believes, are sufficient to protect water quality. · The buffer widths may be increased if the habitat is used by species listed by the Department of Wildlife as a priority, endangered, threatened or sensitive species. None of those species have been identified on or immediately adjacent to this site. · The adjacent area is susceptible to severe landslide or erosion and erosion control measures will not effectively prevent adverse habitat and water quality impacts. The area has slopes not exceeding 14%, and the Public Works Department has reviewed this and feels that erosion control measures will be effective in preventing impacts to habitat and water quality. '. ~ 21 .r.tr.!158 ..... ······1· ...... ........ ...... ........ ....... ........ ........ ......... ........ .......... ....... ........... ....... ............ ....... ............ ...... ............ ....... ........... ....... .,::;:;:;:::;:;:::::::;:;::::::::::=:=:=:=:=::;:; Commissioners' Meeting Minutes: Week of Febl1lary 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · If the adjacent land has minimal vegetative cover, or slopes greater than 45%. This land does not have slopes greater than 45%. The merchantable timber has been removed fTom the site. The under story vegetation still remains on the site. Jim Pearson added that the staff memo has responses to all of the comments submitted by the Port Gamble S'Klallam Tribe. 3. Approval of the subdivision would result in significant impacts to rural and forestry resources. This proposal, Jim Pearson reported, is vested under the ordinances that were in place at the time the application was found to be substantially complete. This area is not designated as a forest land of long tenn commercial significance, so the policies in the Forest Lands Ordinance cannot be applied to it. 4. Approval of this project is not in compliance with the Growth Management Act. Again, Jim Pearson explained, the proposal is subject to review under the ordinances in place at the time the application was vested. It is not ap- propriate for the County to be imposing mitigation measures or requiring additional environmental review based on these issues. Commissioner Hinton asked what the reference to skid roads and the wetlands vegetation impacts due to compaction means? Jim Pearson answered that County's Critical Area Technician did an inspection of the site and detennined that the site was not characterized by wetland soils (hydric soils). He did notice an area where a logging road may have compacted the soils. Commissioner Wojt asked what stage of review this project is in? Jim Pearson reported that a preliminary threshold detennination was issued and that is what is being appealed. David Mann, Bricklin & Gendler Attorney's representing the Port Gamble S'Klallam Tribe, said that this is Jefferson County's opportunity to review, in a comprehensive manner, the environmental impacts of this proposal. He explained that the County has to carefully review and show that they have considered all of the impacts and if the Board can't find the infonnation to answer the questions, then the proposal must be sent back for more infonnation. There are three main issues: I) Insufficient infonnation relating to drainage and erosion relating to water quality and downstream fish habitat, 2) the impacts to water quality and downstream fish habitat fTom the buffers, and 3) the cumulative impact on rural resources. Peter Bahls, Port Gamble S'Klallam Tribe, was sworn in by the Commissioner Hinton. Mr. Bahls explained that he is the Habitat Biologist for the Tribe. He has worked for the Tribe and the Treaty Council for three years reviewing land use proposals, timber harvest plans and doing monitoring and research on salmon habitat in the upper Hood Canal watersheds. He has a Masters in Fisheries Science and Aquatic Ecology and a Bachelor's degree in Biology. He then submitted a package of infonnation and asked that the letter fTom the Tribe dated September 24, 1994 be added to the record (see microfilm record). Mr. Bahls then reviewed the letter outlining the history of the site. The parcel was clear cut ..... .VtL 21 f'ri~159 ···..··1·....·· ......... ...... ........ ....... ........ ....... ......... ........ ......... ...... ......... . ....... ........... ...... ...................... ............. ........... ....... ..;::::::::::::::::::::::::=:::::::::::::=:::::=: Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . in 1992 under a Class 3 Forest Practice permit. At that time Mr. Boling had an agreement with the Tribe that 25 foot, no cut, buffers would be left along Type 4 and 5 streams. Mr. Boling requested a waiver from the six year moratorium for development purposes. This 40 acres drains several tributaries down into the main stem of Tarboo Creek. Tarboo Creek is a very important salmon creek. The County has invested in restoration projects on Tarboo Creek. They are concerned that development of this property will cause stormwater and sediment impacts to Tarboo Creek. JellY Gorsline, representing the Port Gamble S'Klallam Tribe, was sworn in and said that he has 15 years experience with field and laboratory botany. For the past 5 years he has been doing site specific assessments of timber harvests for the Timber, Fish and Wildlife Committee. He has also done Riparian Function Assessments for the State Department of Natural Resources and for TFW. He has been serving on an aquatic/rip are an committee which is assisting DNR in its preparation of a habitat conservation plan for the Olympic Experimental State Forest. He submitted a letter written to Vale Case on February 10, and a summary of a literature review on the functions and values of riparean vegetation (see packet submitted by Peter Bahls attached). He then read from a portion of the letter to Vale Case which documents Forest Practice violations he observed on the site on January 29, following the timber harvest. He explained that DNR filed citations regarding these violations with the Prosecuting Attorney. Commissioner Wojt asked the outcome of these citations? Mr. Gorsline stated that Vale Case met with Mr. Boling's representative on the site and discussed rehabilitative measures which were then carried out to Vale Case's satisfaction. One citation was pursued by the DNR and later thrown out of Court by the Judge. There was evidence of scour and erosion on the site after harvest. Mr. Gorsline continued by stating that this area contains a portion of the head waters for Tarboo Creek. Tarboo Creek provides habitat for a Coho stock that belongs to a geo- graphically separate and reproductively isolated stock identified in the 1992 Salmon and Steelhead stock inventory referred to as the QuilcenelDabob Coho stock. This stock is listed in that report as depressed due to chronically low spawning populations. Fresh water habitat is essential for these stocks. He then defined the rip are an area as the zone of interaction between terrestrial and aquatic systems. The zone of influence for these interactions is approximately equivalent to the height of a native tree. Any tree that can reach that stream course or can provide organic debris (needles, twigs, etc.) is capable of influencing that stream system. Riparean vegetation plays an essential role in maintaining the aquatic habitat by providing critical ecological functions, including shade, hiding cover, and a supply of large woody debris. These riparean areas also provide high quality terrestrial habitat for close to 90% of wildlife species in western Washington, as well as providing travel routes for wildlife. The evolution of salmon habitat is linked to the developmentof the landscape, in particular, the formation of mature conifer forests. . His recommendation is to: restore the degraded buffers as recommended by County staff as follows - for the Type 4 stream the zone of influence (buffers) should be 100 feet and .. VOl 21 fAf¡~ 1Bn ..::/~:::1:11:::1::::Z::1:11111:: ....................... ....................... ........................ ........................ ......................... Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the Type 5 it should be 50 feet. He feels that under the CAO section on requiring larger buffers, subsection 1 applies due to the off site impacts to anadromous fish use. The other relevant section is subsection 4. There are very few trees or even understory left on the site. It's estimated that 90% of the riparean trees have been removed. He supports the staff recommendation that the site be restored by the planting of conifers. He disagrees with the 15 foot buffer widths and the number of trees they are recommending be planted. Commissioner Hinton asked what was done on the site to answer the forest practice pennit violations? Jeny Gorsline reported he believes that the stream course that was utilized for a skid road was reopened and the landowner revegetated the soils. Commissioner Hinton asked if the third alleged violation ever went to Court? J eny Gorsline reported that the violation went to Court and was dismissed by the Judge. Commissioner Hinton then asked how the alleged violations impacted Tarboo Creek? Jeny Gorsline answered that there was scouring and erosion and deposition into the channel and the channel was severely down cut through the bed material. There are potential impacts from this site, especially if 15 foot buffers are allowed. Peter Bahls then discussed the existing impacts and reviewed a letter from Randy Johnson ofFish and Wildlife (see microfilm record.) He then explained the pictures he submitted (see microfilm record): Photograph # 1: Shows a perc test hole filled with water to within 6 to 12 inches of the top. Although it had been nearly three weeks since the last major rain stonn, the water table appeared to be just a matter of inches below the ground surface Photograph #2 & 3: Shows ditches with ground water flowing in them along roads in the project. The two ditch lines are more than 200 feet in length and route large quantities of water and sediment into type 4 and 5 streams which join to fonn a type 3, fish producing tributary of Tarboo Creek. Photograph #4: Shows an inadequate culvert and associated road and bank erosion that occurred when stream flow exceeded culvert capacity. Photograph #5: Shows the degraded rip are an zone remaining on the type 4 stream. More than 90% of the native vegetation volume of the rip are an zone was removed during the most recent logging operation on the site. Photograph #6: Shows the poor quality of rip are an zone remaining on a type 5 stream. Photograph #7: Shows chmmel erosion in a type 5 stream due to high seasonal runoff, lack of root strength along stream banks, and lack of large wood in the stream channel to fonn a stair stepped stream bed profile which stores sediment and dissipates stream energy. Fine sediment from bank erosion and channel down cutting can be expected to travel downstream and impact fish habitat and water quality . In summary, Mr. Bahls stated that large volumes of surface and ground water occur on the project site seasonally. Impacts to water quality and downstream fish habitat have ...... VI. 21 rA~.~lBl ····..8·..···.. ........ ...... ........ ....... ........ ...... ......... ....... .......... ....... .......... ....... ........... ....... .......... ....... .......... . ....... ........... ....... ,-::;=;=::;:;:;:::::;=::;:;:;:::::;:;:;:;:::;:;:" Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . occurred as a result of poor road building practices and logging of riparean vegetation. He recommended the following: 1) A preliminary stonnwater and erosion control plan be made available for review by all agencies with jurisdiction prior to SEP A detennination. The plan should include the locations and description of all streams, including accurate stream typing based on physical criteria. There are existing conditions on this sensitive site which he feels requires that a preliminary stonnwater plan be done before SEP A review. 2) Stream buffers should be widened to 50 feet on each side of all type 5 streams and 75 feet on both sides of all type 4 streams in accordance with WDFW Priority Habitat and Species recommendations and in consideration of existing impacts. Commissioner Hinton asked if there was any channelization or sedimentation in this area prior to the logging? Peter Bahls answered that the type 4 stream was actively eroding, even before the logging was done. There has been extensive erosion since then. There is potential that the stream channels will move side to side. Commissioner Wojt asked Mr. Bahls if he is asking that an EIS be required? Peter Bahls answered that the applicant, to do what they have requested, would have to provide a stonnwater plan and then go through the SEP A review again. David Mann stated that the County could scope an EIS to require what has been requested or they could require that the preliminary stonnwater plan be done and then have it reviewed. by the agencies before conditions are proposed for SEPA. Commissioner W ojt stated that if the stonnwater plan is required as a mitigation it would not be reviewed again by the agencies or the Tribe. Jim Pearson explained that the stonnwater plan is required to be developed using the standards in the State Department of Ecology's stonnwater manual. The discussion turned to what kind of protection would be required if a fish species was placed on the endangered species list. Jim Pearson added that if the Board required what is being requested by the Tribe, they would be saying they don't have sufficient infonnation to review the proposal. This would not be a mitigation measure, it would be a request for additional infonnation and would require that the threshold detennination not be made until that infonnation was submitted and reviewed. Commissioner W ojt asked how SEP A review is impacted by the ordinances the project is vested under? Jim Pearson reported that under the SEPA ordinance the County is required to review all projects to detennine if there are any significant impacts and if so, devise means for avoiding those impacts. Mitigation measures need to be based on adopted County policies. There are standards in the Critical Areas Ordinance for fish and wildlife habitat. Sam Boling asked with regard to the picture of the ditches, if the culverts were plugged? Peter Bahls stated that the culverts may have been plugged up which happens when the culverts aren't big enough. Sam Boling added tþat even huge culverts plug up sometimes. .. VOL 21 ur.~1B2 ..····1·..····· ....... ...... ................ ............. .':';':';':':':':'.. :.:.:.:.:.:.: .......... ...... ............ ....... ............ ....... ........... ........ .,::::::::::::::;:;:::::::::::::::::;=:=;:;=;=;:; . Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sam Boling then asked Peter Bahls if the Chinese company that clearcut hundreds of acres adjacent to this project were required to do any re-enhancement of the class 5 streams? He also asked who pays Mr. Bahls? Peter Bahls answered that the second question is not relevant. He tries to review all land use, forestry and subdivision applications to make sure they protect fish habitat. Steve Hayden, Olympic Environmental Council, was sworn in and said that he will be talking about this project in the context of the Growth Management Act. In August (1994) before this application was vested, the W estern Washington Growth Management Hearings Board ruled (on the County's Interim Urban Growth Areas Ordinance) that the County needed to define rural densities. The existing rural densities of one to one were not in compliance with the Growth Management Act. Under the Optimum Land Use Plan this property would have a one to one density. This application was vested on September 1, 1994 (Thursday) and the following Monday the County Commissioners issued a moratorium on further subdivisions outside of Port Townsend for 45 days pending the rewrite of the IUGA Ordinance to comply with the Hearings Board order. On December 14, 1994 the Hearings Board held a compliance hearing and found that the County had not complied with their order because they had not changed the rural densities in the rewritten IUGA ordinance. Because the County is opting to continue the community planning and Comprehensive Planning process to ultimately adopt rural densities, they are leaving the barn door open and subdivision applications are being submitted. If the County would apply the community planning recommendations in the interim, this subdivision would not be approved. The draft Quilcene Community Plan calls for one unit per five acres in rural areas, such as this. Because the County is ignoring the Hearings Board direction to adopt ordinances now that establish rural densities that will comply with GMA, Mr. Boling and the County are being put at risk if there is ever any litigation on this. Commissioner Wojt asked how Mr. Hayden views the vesting of this application fitting into Growth Management requirements? Steve Hayden answered that the Planning staff report basically dismisses the GMA concerns because they say the application was vested on September 1, 1994. He questioned whether the vesting of this application was correct. He suggested that the Board look at whether this application was complete at the time it was detennined to be vested. Sam Boling was sworn in. He stated that Phil Boling is his father. Right now there is a designation of non-significance for this project which is for 14 tracts on a 40 acre parcel. His understanding is that the Tribe is concerned about the sediment going into the creeks. Part of the DNS requires that trees be replanted around the Class 5 creeks which run three months out of the year. If this property is not subdivided, there won't be any planting on the creeks. Allowing the subdivision will help the reforestation of the riparian zones. He doesn't agree that 90% of the vegetation in the riparian zones is gone. It's hard to walk through the brush on this site. The discussion then turned to what issues are appropriate during the SEP A review and what issues are covered at the time of preliminary plat approval. The public testimony portion of the hearing was closed. The decision on this appeal was postponed to Monday February 13, 1995 at 10:35 a.m. ~:>-. . VŒ, 21 ~AGË163 ...."··a····· ...... .. .... ...... . ..... . . . . . . . . .. . . . ........... .... ......... .... ........ . . .... ......... .. .... .......... ..... ......... ... .... ......... . ..... 0'::;:;:;:;:;:;:;:::::::;:;:::;:;:;:::;:;:;:;:;:: , . Commissioners' Meeting Minutes: Week of February 6, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The meeting was recessed at the conclusion of the hearing and reconvened on Tuesday morning at 11 :00 a.m. Commissioners Hinton and W ojt were present. Chainnan Huntingford was not present. The Board met with managers !Tom the State Department of Ecology, Southwest Regional Section for a discussion of DOE programs and County concerns. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: _(Excused Absence) Glen Huntingford, Chainnan ... VOl 21 fAr.~1B4 ............. ..... . ..... ...... . ..... ....... .. ..... . . . . . . .. ... ..... ". ........ .. ..... ........ " ...... ......... .- ..... ......... .. ...... ......... .. ...... .......... .. ..... ......... ..... .......... . ...... ....................... ........................ ........................ .........................