HomeMy WebLinkAboutstamped_042 Agency SEPA-Notice of Application CommentsFrom:ECY RE SWRO SEPA COORDINATOR
To:Shannen Cartmel
Cc:Rothwell, Rebecca (ECY); Rockett, Derek (ECY); Eakens, Jess C. (ECY); andrewlnordstrom@gmail.com
Subject:ECY SEPA 202104944 - Marrowstone Inn - Comments
Date:Monday, October 11, 2021 9:13:35 AM
Attachments:image001.png
202104944 ECY Comments.pdf
Importance:High
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Shannen Cartmel, Project Planner:
Thank you for the opportunity to comment on the Marrowstone Inn Project (Lead Agency File
No(s). MLA21-00080). Ecology’s comments are attached.
[ Statewide SEPA Register No. 202104944 ]
Have a great day,
Garret Peck
SEPA Coordinator | Southwest Regional Office
Desk: 360-407-6300 | Cell: 360-480-3300
Exhibit 42 - Page 1 of 9
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 Olympia, Washington 98504-7775 (360) 407-6300
711 for Washington Relay Service Persons with a speech disability can call 877-833-6341
October 11, 2021 Shannen Cartmel, Project Planner Jefferson County Community Development Department 621 Sheridan Street Port Townsend, WA 98368 Dear Shannen Cartmel: Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the Marrowstone Inn Project (MLA21-00080) located at 10 Beach Drive as proposed by Andrew Nordstrom. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): SHORELANDS & ENVIRONMENTAL ASSISTANCE: Rebecca Rothwell, Wetlands/Shorelands Specialist (360) 407-7273 The OHWM as shown on the site plan (Appendix E Proposed Expansions) may be waterward of actual ordinary high. In high-energy marine environments, the OHWM is coincident with the landward limit of persistent vegetation (WAC 173-22-030(5)(a)(i)). Aerial imagery shows the landward limit of persistent vegetation landward of the OHWM line as shown on the site plan. I am available to verify the OHWM onsite, so please let me know if I can be of assistance with this. Per JCC 18.25.270.4.c: "Buffers shall not extend across lawfully established paved roads or hardened surfaces to include areas which are functionally isolated from the shoreline or critical area." Any development proposed within the shoreline buffer in areas that are not functionally isolated per the above citation will require a shoreline variance. Based on my review of aerial imagery, some of the locations shown on the site plan do not appear to be functionally isolated by paved roads or hardened surfaces. The burden of proof is on the applicant to demonstrate the location and extent of lawfully established paved roads or hardened surfaces. All variance criteria in WAC 173-27-170 must be met in order for a variance to be approved. SOLID WASTE MANAGEMENT: Derek Rockett (360) 407-6287 All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from the local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department for proper management of these materials.
Exhibit 42 - Page 2 of 9
Shannen Cartmel
October 11, 2021
Page 2
WATER QUALITY/WATERSHED RESOURCES UNIT: Jessica Eakens (360) 407-0246 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices (including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including, but not limited to: temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s)) will be required to be submitted. For additional information on contaminated construction sites, please contact Carol Serdar at Carol.Serdar@ecy.wa.gov, or by phone at (360) 742-9751. Additionally, sites that discharge to segments of waterbodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorous, or to waterbodies covered by a TMDL may need to meet additional sampling and record keeping requirements. See condition S8 of the Construction Stormwater General Permit for a description of these requirements. To see if your site discharges to a TMDL or 303(d)-listed waterbody, use Ecology’s Water Quality Atlas at: https://fortress.wa.gov/ecy/waterqualityatlas/StartPage.aspx. The applicant may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ - Application. Construction
Exhibit 42 - Page 3 of 9
Shannen Cartmel
October 11, 2021
Page 3
site o perators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology’s comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (GMP:202104944) cc: Rebecca Rothwell, SEA Derek Rockett, SWM Jessica Eakens, WQ Andrew Nordstrom (Proponent)
Exhibit 42 - Page 4 of 9
From:Brian Tracer
To:Shannen Cartmel
Subject:RE: MLA21-00080 Notice of Application/SEPA
Date:Monday, September 20, 2021 9:23:32 AM
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Hi Shannen,
No comments other than ensuring all applicable laws, building codes, any other ordinance or
regulation are adhered to including but not limited to all applicable IFC regulations, addressing and
roadway standards.
V/R
Brian
From: Shannen Cartmel <SCartmel@co.jefferson.wa.us>
Sent: Friday, September 10, 2021 3:32 PM
To: Rothwell, Rebecca (ECY) <rebs461@ECY.WA.GOV>; Sherrie Shold <SShold@co.jefferson.wa.us>;
Pinky Mingo <pmingo@co.jefferson.wa.us>; Scott Bancroft <Sbancroft@jeffpud.org>; Terry Duff
<TDuff@co.jefferson.wa.us>; John Fleming <JFleming@co.jefferson.wa.us>;
sepacenter@dnr.wa.gov; sepa@dahp.wa.gov; sepadesk@dfw.wa.gov; samg@portofpt.com;
greg@portofpt.com; eric@portofpt.com; Brian Tracer <btracer@ejfr.org>; bgraham@jeffpud.org;
dsarff@skokomish.org; Stormy Purser <thpo@pgst.nsn.us>; romac@pgst.nsn.us; crossi@pnptc.org;
sbruch@jamestowntribe.org; thpo@jamestowntribe.org; stodd@Suquamish.nsn.us; Jolivette,
Stephanie (DAHP) <stephanie.jolivette@dahp.wa.gov>; ngauthier@jeffersontransit.com
Cc: lleach@peninsuladailynews.com; jlester@ptleader.com; jmcmacken@peninsuladailynews.com;
jeffconews@peninsuladailynews.com
Subject: MLA21-00080 Notice of Application/SEPA
Good afternoon,
Please see the below notice of Type III Conditional Use, Shoreline Variance and SEPA. Due to the
delay in the email. The comment period has been extended until Monday, October 11, 2021.
All project documents are located here:
https://test.co.jefferson.wa.us/WebLinkExternal/0/fol/3249828/Row1.aspx
JEFFERSON COUNTY PUBLIC NOTICE OF TYPE III LAND USE APPLICATION,
SHORELINE VARIANCE, AND PENDING SEPA DETERMINATIONMLA21‑00080
APPLICANT:
ANDREW NORDSTROM
4014 HUNTS POINT RD
BELLEVUE WA 98004
Application Received Date: August 12, 2021
Exhibit 42 - Page 5 of 9
Application Complete Date: August 23, 2021
Application Notice Date: September 8, 2021
SITE ADDRESS AND PROJECT LOCATION: Parcel #'s: 921084010 and 921084011; S8 T29 R1E TAX NO. 10 (N300') and (LESS
N300'); 10 Beach Drive, Nordland, WA 98358.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
ZON2021-00049: SMALL SCALE TOURIST AND RECREATION CONDITIONAL USE PERMIT WITH MAJOR VARIANCE AND SEPA to
bring Marrowstone Inn into conformance as Rural Recreation Lodging and Cabins. The parcels are in total 8.3 acres and per
Jefferson County Code (JCC) 18.20.350(9)(a) requires a variance from the 10‑acre parcel requirement. Additionally, the
applicants are requesting a variance from JCC 18.20.350(9)(b), to allow more than the 6000 square feet of development for
10 acres to accommodate the existing 11 rental cabins totaling 9,097 SF with an additional assembly space, garage with
caretaker’s unit above, and three utility buildings totaling 4,459 SF (excluding the caretaker's residence). The property has
been continuously operated as a grandfathered, non‑conforming beach resort since the 1940s. Part of the proposal includes
renovating and improving the existing structures, upgrading the septic system to meet current commercial standards, the
addition of a sauna, improving existing paths onsite, the addition of more gravel parking, and two "glamping" tents on the
property.
SDP2021-00012: SHORELINE VARIANCE WITH SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT to remodel and renovate
existing non‑conforming cabins. The renovations mostly include lateral, landward development within the shoreline
jurisdiction. Waterward development includes supplying existing non‑conforming cabins 1‑4 with the required septic
transport lines. There are two wetlands on‑site, a category I marine wetland and a category IV wetland, with a 300‑foot and
40‑foot buffer, respectfully. The applicants are requesting an administrative buffer reduction of 25% per JCC 18.22.730 (9).
The entryway of Cabin 2 is proposed to be located waterward of the existing entryway, but will not be the most waterward
portion of the cabin and the entryway to cabin 3 will be relocated to the eastern side of the cabin, a lateral expansion that is
parallel to the shoreline of Oak Bay. The previous unpermitted expansion of a restroom in cabin 5, which the applicants have
requested to keep and upgrade is parallel to the shoreline of Kilisut Harbor and is necessary to provide restroom facilities for
the guests utilizing this cabin. Associated access road improvements and portions of the areas where sewer lines are
proposed are waterward of cabins 1‑4. The septic system has been designed to minimize land disturbance in association with
the onsite contours and conditions. The proposal is the most minimally invasive option to the shoreline and is required to
bring the property into compliance. The proposal is accompanied by a Shoreline, Wetland, Fish and Wildlife Habitat, and
FEMA Floodplain assessment prepared by Soundview Consultants.
COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS:
The application and any studies may be reviewed at the Jefferson County Department of Community Development. All
interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c)
receive a copy of the decision by submitting such written comment(s)/request(s) to the Jefferson County Department of
Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360)
379‑4450. Comments concerning this application should be submitted to the Department by 4:30 p.m. on October 11, 2021.
If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to
the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff
report.
SEPA ENVIRONMENTAL REVIEW:
The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC) 197‑11‑355 is
being used. This may be the only opportunity to comment on the environmental impacts of the proposal. DCD reviewed the
proposal for probable adverse environmental impacts and expects to issue a DNS. This determination is based upon a review
of the SEPA Checklist, project submissions, and other available information. Additional conditions or mitigation measures may
be required under SEPA. The SEPA Official has determined that: This will be the only opportunity to make comments related
to SEPA. There will not be another comment period after the threshold (final) SEPA determination is made. If the threshold
determination is a Determination of Non‑Significance (DNS) or a Mitigated Determination of Non‑Significance (MDNS), parties
of record may appeal the decision to the Hearing Examiner within 14 days of the final Notice of Decision. A Determination of
Significance (DS) may not be appealed to the Hearing Examiner.
Exhibit 42 - Page 6 of 9
PUBLIC HEARING INFORMATION:
This is a Type III permit application that is subject to SEPA review. An open record hearing will be scheduled. Separate public
notice of the SEPA threshold (final) determination by the Administrator and the date of the hearing will be provided at least
15 days prior to the hearing. Appeals of the Administrator's threshold decision will be handled at the same hearing. A copy of
the staff report will be made available for inspection at no cost at least seven calendar days prior to such a hearing. The final
permit decision for this Type III permit application will be made by the Hearing Examiner. Decisions of the Hearing Examiner
may not be further appealed except to Superior Court.
APPEALS:
Appeals of SEPA decisions are described above in the SEPA Environmental Review section. The final permit decision for this
Type III permit application will be made by the Hearing Examiner. Decisions of the Hearing Examiner may not be further
appealed except to Superior Court.
Project Planner: Shannen Cartmel, 360‑379‑4450
Respectfully,
Shannen Cartmel
Lead Associate Planner
Jefferson County Community Development
scartmel@co.jefferson.wa.us
360-379-4454
***Email may be considered a public record subject to public disclosure under RCW
42.56***
Exhibit 42 - Page 7 of 9
From:Lauren Whybrew
To:Shannen Cartmel; andrewlnordstrom@gmail.com
Cc:Tony Gibson
Subject:ORCAA Comment on SEPA #202104944; File #MLA21-00080
Date:Tuesday, September 14, 2021 11:25:56 AM
Attachments:2021_0805_Marrowstone_SEPA_Checklist.pdf
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Greetings,
I recently reviewed an environmental checklist for the Marrowstone Inn Project
(attached). The project proposes remodeling the main lodge to include a commercial
kitchen for event purposes, remodeling and upgrading all of the existing cabins, the
mobile home and associated garage. Olympic Region Clean Air Agency (ORCAA)
has the following comments for the applicant:
ORCAA regulations require an asbestos survey for all demolition projects. Demolition
projects by definition also include renovations performed to load-bearing structural
members on the current building as part of a remodel. Prior to any demolition project,
the following must be completed:
1. A good faith asbestos survey must be conducted on the structure by a certified
Asbestos Hazardous Emergency Response Act (AHERA) building inspector;
2. If asbestos is found during the survey, an ORCAA Asbestos Removal
Notification must be completed and all asbestos containing material must be
properly removed prior to the demolition; and,
3. If the structure is 120 sq. ft. or greater, an ORCAA Demolition Notification must
be submitted regardless of the results of the asbestos survey. There is a
mandatory 14-day waiting period after ORCAA receives notification, so we
recommend the applicant complete the Demolition Notification promptly after
receiving the survey.
*These requirements are specific to ORCAA and are not synonymous with any city or
county permitting jurisdiction requirements
Helpful Links:
A list of certified asbestos contractors is available at https://www.orcaa.org/wp-
content/uploads/2020/01/Asbestos_Contractors_Jan2020.pdf
The Demolition Notification form is available at https://www.orcaa.org/asbestos-
demolition-programs/demolition-notification/
If applicable, the Contractor Asbestos Removal Application is available at
https://www.orcaa.org/asbestos-demolition-programs/contractor-asbestos/
Exhibit 42 - Page 8 of 9
If you have any questions or concerns regarding the process, please feel free
to contact Tony Gibson (cc’d) by email or by calling our main office at 360-539-
7610.
Thank you,
Please note: I am working from home until further notice. The best way to reach me is via
email.
Lauren Whybrew, Engineer I
Olympic Region Clean Air Agency - "Clean Air is Everyone's Business!"
2940 Limited Lane NW · Olympia WA 98502 · www.orcaa.org
(360) 539-7610 ext. 107 · 1-800-422-5623
Please take notice that any records or communications with ORCAA are subject to
public disclosure under the Public Records Act (RCW 42.56) unless exempt under
applicable law.
Please consider the environment before printing this email. Thank you.
Exhibit 42 - Page 9 of 9