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STATE OF WASHINGTON
County of Jefferson
In the Matter of a Moratorium
With respect to locating Asphalt Batch
Plants in Special Aquifer Protection Zones
And Wellhead Protection Areas
Resolution No. 63-01
WHEREAS, RCW 36.70A.170 mandates that local governments
planning pursuant to the Growth Management Act, such as Jefferson County, shall
designate critical areas; and
WHEREAS, RCW 36.70.060 mandates that local governments planning
pursuant to the Growth Management Act, such as Jefferson County, shall protect critical
areas; and
WHEREAS, Jefferson County adopted in August 1998 its Comprehensive
Plan pursuant to the Growth Management Act; and
WHEREAS, Jefferson County adopted by Ordinance No. 11-1218-00 a
Unified Development Code (or "the UDC") on December 18,2000, representing and
constituting a unified set of development regulations intended to implement the goals and
policies of the County's Comprehensive Plan and the 13 planning goals of the Growth
Management Act; and
WHEREAS, a State Wellhead Protection Program is described and
defined in Chapter 246-290 of the Washington Administrative Code with the State
Department of Health (DOH) being the State agency responsible for development and
implementation of the program, including determining the scope and boundaries of these
Wellhead Protection Areas; and
WHEREAS, Special Aquifer Protection Areas are designated by the State
Department of Ecology pursuant to Washington Administrative Code Section 173-200
and such Areas do exist in the unincorporated sections of this County; and
WHEREAS, any region of the unincorporated County that is designated a
Wellhead Protection Area is automatically also designated as one type of a Special
Resolution No. 6'3...01
Resolution re: A Moratorium with respect to locating Asphalt Batch Plants in Special Aquifer Protection
Zones and Wellhead Protection Areas, Page 2
Aquifer Recharge Protection Area (or "a SARPA") pursuant to UDC Section 3.6.5(a) (3);
and
WHEREAS, the UDC, at Section 3.6.5(3)(c) prohibits certain land use
activities in any region of the unincorporated County that is designated a SARP A; and
WHEREAS, the UDC Section 3,6.5(3)(c)(1)(ii) makes reference to
asphalt batch plants and states they are not considered a high impact land use in the
context of the UDC and thus are not a universally prohibited land use activity within any
SARP A; and
WHEREAS, the City of Port Townsend ("Port Townsend") filed a
Petition For Review with the Western Washington Growth Management Hearing Board
alleging that the UDC, specifically Section 3.6.5 entitled "Critical Aquifer Recharge
Areas" is not compliant with the Growth Management Act and certain provisions of this
County's Comprehensive Plan; and
WHEREAS, the Petition For Review filed by Port Townsend alleges that
the UDC fails to provide adequate protection standards for certain critical aquifer
recharge areas in alleged violation of at least one Goal of this County's Comprehensive
Plan, specifically because the UDC does not universally prohibit asphalt batch plants in
Wellhead Protection Areas and/or other Critical Aquifer Recharge Areas; and
WHEREAS, employees of Port Townsend expressed in November 2000
to the City their concern that asphalt batch plants represented an environmental hazard
when and if they are or were located or installed at a location that is also located within
any Wellhead Protection Areas located within Jefferson County; and
WHEREAS, Jefferson County and Port Townsend have undertaken and
completed negotiations to resolve the issues raised by Port Townsend's Petition For
Review and have agreed that there should not be a need for recourse to a full-blown and
time-consuming Hearing on the Merits before the Western Washington Growth
Management Hearings Board; and
WHEREAS, Jefferson County adopts this Resolution as part of its good-
faith efforts to resolve the issues raised by Port Townsend's Petition For Review; and
Resolutìon No, 133.,..01
<
Resolution re: A Moratorium with respect to locating A<;phalt Batch Plants in Special Aquifer Protection
Zones and Wellhead Protection Areas. Page 3
WHEREAS, the Board of County Commissioners find that the adoption
of this Resolution serves to promote the health, safety and welfare of the citizens of this
County,
NOW, THEREFORE, BE IT RESOL VED by the County Commissioners
for Jefferson County as follows:
That from this date forward and for a period of six months asphalt batch
plants shall be and hereby are a prohibited land use activity or use in any
Special Aquifer Protection Areas [as designated by the Washington State
Department of Ecology] and any Wellhead Protection Areas [as
designated by the Washington State Department of Health] that may be or
are located within the unincorporated portions of Jefferson County.
<-~"ëõ'''::', Approved and signed this
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day of July, 2001
Lorna Delaney, CMC
Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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