HomeMy WebLinkAbout101 92
JEFFERSON COUNTY, WASHINGTON
RESOLUTION NO.
101-92
A RESOLUTION of the Board of County Commissioners of
Jefferson County, Washington, employing attorneys to act
as bond counsel in connection with the issuance of the
County's bonds and notes.
';0.
WHEREAS, it is deemed necessary and in the. best interests of
...
the County and its inhabitants that the County from time to time
issue and sell its bonds and bond anticipation notes for proper
County purposes; and
WHEREAS, it is deemed necessary and advisable that attorneys
who are skilled in such matters be employed as bond counsel to
participate with the County Prosecuting Attorney in drafting the
resolutions and other documents necessary for the issuance and sale
of such bonds or notes, that firm to furnish its legal opinion on
the validity of those bonds and notes at the time of their issuance
and sale; and
WHEREAS, the law firm of Foster Pepper & Shefelman of Seattle,
Washington, is skilled in providing legal advice with respect to
governmental financing of this type, and the legal opinions of that
firm
are
nationally
recognized
by
investors
in
municipal
securities; and
WHEREAS, it is deemed in the best interests of the County that
counsel experienced in such matters be retained to provide special
counsel services; and
WHEREAS, RCW 36.32.300 requires for that employment a written
contract between the County's legislative authority and special
counsel to be executed by the parties and approved by the presiding
superior court judge of the County;
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"
BE
IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON, as follows:
section 1.
The law firm of Foster Pepper & Shefelman of
Seattle, Washington, is employed by the County as bond counsel to
participate with the County Prosecuting Attorney in drafting the
resolutions
and
other
documents
required
by
the
County
in
connection with the issuance and sale of its bonds (the "Bonds")
and bond anticipation notes (the "Notes"), that firm to furnish its
.
legal opinion on the validity of the Bonds and Notes and the tax
exemption of the interest thereon at the time of the delivery
thereof to the purchasers thereof.
Included in the services to be
rendered by that law firm is participation in the drafting of all
resolutions and other documents necessary through the issuance and
sale of the Bonds or Notes and the furnishing of an approving legal
opinion on the validity of the Bonds or Notes at the time of the
delivery thereof to the purchaser, but there shall not be included
the drafting or review for accuracy of any official statement,
offering circular or other sales material relating to the issuance
of the Bonds and Notes prepared by the County or its financial
advisor or otherwise used in connection with such Bonds or Notes,
except with respect to the accuracy and completeness of the
description of the Bonds or Notes and resolutions authorizing those
obligations.
Section 2.
The County shall pay Foster Pepper & Shefelman as
compensation for its services to be rendered as aforesaid in
accordance with the following schedule:
Amount of Issue
Fee
$100,000 or less
$2,000
$2,000 plus $3 per $1,000, or
any portion thereof, issued in
excess of $100,000
$100,001 to $1,000,000
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18 ¡'A~
°100t1
Amount of Issue
Fee
$1,000,001 to $5,000,000
$4,700 plus $1.50 per $1,000,
or any portion thereof, issued
in excess of $1 million
$5,000,001 to $10,000,000
$10,700 plus $1 per $1,000, or
any portion thereof, issued in
excess of $5 million
$10,000,001 and up
$14,700 plus $.50 per $1,000,
for general obligation bonds
($.60 per $1,000 for revenue
bonds) or any portion thereof,
issued in exçess of $10 million
The following adjustments shall be made in the above schedule under
the following circumstances: (1) The fee for refunding issues shall
be the amount calculated according to the schedule times 1.3;
(2) the
fee
for bond anticipation notes shall be the amount
calculated according to the schedule times
.75,
and if bond
anticipation notes are rolled over, the fee will be one-half the
fee charged for the original issue of bond anticipation notes; and
( 3) the amount of
$300
will
be added
for
each RID
or ULID
transcript reviewed by Counselor $1,250 for each set of RID or
ULID formation and assessment confirmation documents prepared by
Counsel.
Counsel
also
shall
be
reimbursed
for
any
actual
out-of-pocket expenses, such as travel, document production and
reproduction, and communications, incurred by it in rendering its
services.
The payment of the fee is contingent on the successful
delivery of the Bonds or Notes.
Section 3.
The County shall furnish Foster Pepper & Shefelman
a
complete
certified
transcript
of
all
proceedings
had >-. in
connection with the issuance of the Bonds or Notes in order to
enable that firm to furnish its approving opinion on the validity
thereof at the time of the sale and delivery of the Bonds or Notes.
The County also shall cause the purchaser of the Bonds or Notes to
furnish to bond counsel before final printing and circulation
54539.1
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thereof any proposed official statement, underwriting circular or
bond prospectus,
for review of the accuracy of any statement
relative to the services of bond counsel and to the description of
the Bonds and Notes and laws relating thereto.
section 4.
In the event that the Prosecuting Attorney or
Board of County commissioners shall request in writing that Foster
Pepper & Shefelman perform other legal services relating to the
issuance and sale of
such Bonds or Notes,
the County shall
compensate that firm at an hourly rate of not to exceed $160 per
hour (based on that firm's billing rates for lawyers' time) for
such services actually performed, plus its out-of-pocket expenses.
other conditions
f or the
furnishing of such
services may be
arranged between that firm and the Prosecuting Attorney.
If as a
part of such other legal services the firm agrees to perform a "due
diligence" review of any official statement, offering circular,
bond prospectus or other sales material, the furnishing of the
firm's legal opinion provided for in Section 1 shall be conditioned
on its satisfaction of the sufficiency of such statement, circular,
prospectus or other material.
section 5.
The terms of this resolution shall be effective
for a period of two years from its adoption and shall apply to any
bond, note or other obligation issue, the sale of which has been
authorized during that two-year period.
The services of Foster
Pepper & Shefelman shall continue with respect to other bond or
note issues for which that firm previously has been retained but
the fees for such services shall be based on the applicable
retainer resolution adopted by tile Board of County Commissioners.
Section 6.
Any actions previously taken by officers or
employees of the County and consistent with the provisions of this
resolution are ratified and confirmed.
54539.1
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_tO1.0
ADOPTED by the Board of County Commissioners of Jefferson
:f6.. -. -/)- /}
County, Washington, this /11 day of (J (1J M~
1992, at a regular open public meeting thereof.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
-. Clerk of the 'Board
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/':.?!JIIII'lSSljner. '7~...
( ,/ ., ) (1t;; , /
APPROVED AS TO FORM:
----8 C'
~_.-..= ---,'
Prosecuting Attorney
Id.-I/
I
, 1992
We accept employment as bond counsel in accordance with the
provision of the foregoing resolution.
FOSTER PEPPER & SHEFELMAN
The foregoing contract is approved this
~A.U.~tA(' , 1992.
~hI\ ~
artner
~~
day of
P si ing Judge of the Superior
Court of the state of Washington in
and for Jefferson County
54539.1
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JE~~~-Ra!:4~~~T~Qr~
, ENVIRONMENTAL CHECKLIST n 1/;°'; ., ".',
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The State Environmental Policy Act (SEPA), RCH 43.21C, requires all governmental agencies to consider the environmhnta1 impacts
of a proposal before making decisions. An envil'onmental impact statement (ErS) must be prepared for all proposals with probable
significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help
you and the agency identify impacts from your proposal; reduce or avoid impacts from the proposal, if it can be done; and help
the agency decide whether an ErS is required.
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ADDRESS: lIC ¡/¡¡ ilf~
TELEPHONE: (home) 71 /;: /;;;2. -s, c-?
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AUTHORIZED REPR ENTATIVE/CONTACf;
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PROPONENT:
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TELEPHONE: (home)
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ADDRESS:
(business)
DIRECTIONS
This checklist asks you to .describe some basic information about your proposal. The
questions apply to the entire proposal, including those phased over a period of time
or on separate parcels of land.
Answer each question accurately and completely to avoid unnecessary delays in
processing this checklist. If you do npt know an answer, write "unknown," or if a
question does not apply, write "not appJicable."
Answers to some questions may require special expertise or technJcal assistance from
qualified persons. The cost of obtaining such information is the responsibility of the
proponent.
Attach any additional information (reports, studies, maps, illustrations, leases, permits,
etc.) that may further describe the proposal or be required by Jefferson County.
Contact the Jefferson County Planning and Building Department for assistance in
completing the checklist and for information on the administrative procedures for its
processing.
PLEASE PRINT IN INK OR TYPE EACH ANSWER.
"EVALUATION."
DO NOT WRITE IN THE AREA DESIGNATED
PROPOSAL
AND
PROPERTY
DESCRIPTION
PROPOSED PROJECT DESCRIPTION (include all factors that will give an accurate
understanding of its scope and purpose):
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ð? -r# f{CL'){~ I!t/Í,Y ,.t) ( Æ(;;;r - ___k /?;; J-- _~-14I!oJ/ .iJ ~ L '/c' J,j , .-
¿AI/£. J /-í///V{'; 1<>. 7:i£ ~;c>({'/¡(j.fS7' ø/ ./'l¿,{,1'-!;4.ur
/¡}¡-Æ:¡5ð¿: 7Jí;.,4c..;/" :-;;;:;4c'r) ;/A/7ê) ~~:. /4 r;--- lie!;'/[ j}J¿(![LS
,¡¿"ð~ .ßÆ{;( /J!f/J 774c ,r~'6fJ¡(Æ.:'Tr/ é?/ÆJGL1L ,/~/í((/L V
/)t-u r'ú- L ¡tUc;,. >' I
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18 ¡.~~,: 00 1234
'. ,
PROPERTY AND ARiA PESCRIPTION:
Á)i> /!/),e~?f> f-kr
Address: /tJ7$ /11IK-'i/ j(þ ø,l" ,/d ¿'7õ/iJ ¿AKE
Legal (from property tax statement): Lot: J - ;6 Block:
/' ) /Ad~ /: ' 6"t?z IS Lf()t;I:5
Subdivision: {---tl¿7b,A, t~*L kÇ/747:ES Tax Parcel: 5(JZ I L(()O (
Quarter Sections: ¿PI.~ ~C"--;DÆ/ '¡¿J / ¿ ~'f. t-v
9 S» Range:;;:? tJ
£~ rll- r£ S
Section: J ç
,
Tax Number: ~- 6-
Township:
477fl+-J ([ f)
f50 Ik¡;:l~
Ý)14lÆ~IðN') -'/'5 /óu_¿JtÙ i~Ctt:..¡{~,.J
. / - ,
and extent of land area to be
accurate understanding of the
Land Area (dimensions):
Describe the location, physical characteristics,
affected; include all factors that will give an
property and its environment:
SCHEDULE (beginning and ending dates of the proposal, including phases):
~
!J,r; L- (
(j 11
t
I
/sv
,
1JÆ:c:
?ç;z
.
OVERALL PLAN (describe future additions, expansions, or related activities or plans by
others that may affect the proposal):
/ZøA.-/
?EttIMIN4P'/
fJll}-Æ/ -.
:!)/i/15/t:JV ..£ 'I ;2 I
REQUIRED APPROVALS (all local, state, and federal approvals required for the completions
of this proposal and if any approvals are pending that are related to the proposal):
/{,~æl<Ít1/¿,
%Ií~
4T
a£77?/'Jt~ ,4l--L- ,¿p'j>/.}¡t-Nt-S Þ?Æ( JLlr¡(t{¡J 4/
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lÎir (jud'/; ß//¡,J"i n,r/Jf ß dCPCP- f ,
, /
,//j/",/ 5vðr/iyí £/0;1 'lr~1
ENVIRONMENTAL DATA (any existing or proposed environmental information such as
studies or documents related to the proposal):
¡i~/Ûr -- .---
-2-
..
VOL
18 r~Ç,Ç 00 1-235
r
ENVIRONMENTAL
COMMENTS
EVALUATION
EARTH
1.
Check the item that describes the site:
0 flat ffrolling 0 hilly 0 steep slopes
0 mountainous fð other:~r,ttlr¿:-£. 4L£"¡::>~}:;
What is the steepest slope on the site? Identify the
approximate percent of the slope: :::;;z 4, ? e
V' (
2.
3.
What general types of soils are found on the site
(sand, gravel, peat, muck)? If you know the
classification of agricultural soils, specify them and
note a~.prim. e farmland: ~4A)¡) ¿Þ£'4¿J/t. L-.- . /1'!flC¡-<' .fPpdN/)
t -/) NI/ ; ,
I
C--'J,-V,i£ J
4.
Are there surface indications or a history of
unstable soils in the immediate vicinity? If so,
describe them: Å )0
,
5.
,
Describe the purpose, type, and approximate
quantities of any filling or grading proposed.
. Identify the source of the fill: 1/ ¿LÆ ÇS ¡< JJt; Ü)I¿~
gtL c,¿?4()£:¿J /,1//0 ~¿'¿'L-' ,{/Æt:.CÆ éS:<;4+'-Y
1 .
6.
Could erosion occur as a result of clearing,
constru~or use? If so, generally describe it:
, /1..!t.:)r /J/'-6,ð.4Ót...1'i..--
- . .
7.
About what percent of the site would be covered with
impervious surfaces after construction of the
project (that is, asphalt or bui~din s)? ~ ..- /(;< 57... fiítl(".
.¡jJ, '.{ .e-, Lie: ., . 'ðlr . .
Describe proposed measures to reduce or control
erosion or other impacts to the earth, .f any:
¿ÆÆ.Oi/l..)C;, 7?!ìL Je.-I/vc..- U.~jo'~"c- C¿J"u7:ê()(-,--
.'Íc.. ¡,(LI/tt-~íS w , .e4-Ss. >.£~tJ,~<.- -,J (l..R.í1"t-IZlf1Jc..
AJ / ¡. Ire-, t{,S Æcc.Æ.S-S ¡I-'- 1£'" /f.111JA--~ 4NY
¡Cl!.otlON P£o$c.-LM..S AIRIA..J(... tNl!Jl.- 6t¿ p./u>1V :<:k.r-" t.V/¡:4(~tc.. tJ~~5 cr! H4VL
AtU oAJ ~.,-£ /tUSPf..¡;."-/DN v.)1L.L {Jl. ¡vIA-iJIL fÕ oi!Þr-l/,4.J' sf ¡lÐ4-J> f/' !i!oSIf:>N
9. What types of emissions to the air, if any, would-;;fC(..l~ I r-Y 4to.,eIt£.I'11..€ ^-'"r-,
result from the proposal during construction and
when the project is completed (dust, car òdors,
industrial wood smoke)? Generally describe and give ,¡:
approximate quantities, if known: ~OÆ)';'Tl2t( cí7 oAJ ¡Ç CU-( I p~ éX' 1f4UÇr¡
1;/~¡~~~~~~)ÓI)~l--~:lK ~/Li'S ~/£
8.
10.
Are there any off-site sources of emissions or odors
that may affect your proposal? If so, generally
describe them: Nð
,
-3-
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18 ¡'M;~ 00
.1-236
.,
11.
12.
13.
EVALUATION
Describe proposed measures to reduce or control
emissions or other impacts to the air, if any:
¡1/ ¿} A-/ ~
WATER
Surface Water
Is there any surface water body on or in the
immediate vicinity of the site, including year-round
or seasonal streams, salt waters, lakes, ponds, and
wetlands? If yes, describe the type and provide
names. If appropr... iate, state what strea..m pr river it f,
flows into: oDfJ /! ~ t/¿;/6/J W.£--- ?-,k--7 ?,,/,<J7X~
" 6t( CJ.;é>/U tC PÖ AJ P .
ibM)) /
Will the project require any work over, in, or
adjacent to the described waters (within 200 feet)?
If yes, describe the work and attach available plan 3:
póSSI gL-Y , Pé..-4.A./S 7Ò ßOL-LO'-'<./' ¡L>ö
-¡Jk t1Jif~ iÞo~ I ~ W ( l- c.... l! tfé:. i>k. ~ { o~J'Vt ILl>
wortK
(Y I\J ð ~ Nit 4-,(
14. , Estimate the amount of fill and dredge material that
would be placed or removed from the surface waters
or wetlands and indicate the area of the site that
would be affected. Identify the source of the fill
material: /l/ðA.J~
.
15.
Will the proposal require surface water withdrawals
or diversions? Give a general description and
identify the purpose and approximate quantities, if
known : Nt>
.
16.
Does the proposal lie within a lOa-year flood plain?
If so, note the location on the site plan: /f/D
17.
Does the proposal involve any discharges of waste
materials to surface waters? If so, describe the
type of waste and anticipated volume of discharge:
A/ð
.
Ground Water
18.
Will ground water be withdrawn or will water be
discharged to ground water? Give a general
~~~~~~~i:t: q:;~iti~~:ni~f:now~~ßourposf ~f7Í(}3tL C;Æ¡{J77l<)
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: Val
18 ¡'~(" 001.237
. .
EVALUATION
Describe the waste material that would be discharged
into the ground from septic tanks or other sources,
~ if any (domestic sewage; industrial wastes and
chemicals contained; agricultural wastes). Describe
the general size of the system; the number of such
systems; the number of houses to be served, if
applicable, or the number of animals or humans the
system(s) is expected to serve: fJbfl1Æ <;(7 L J)R.J1¡).);:::1 It: L 1/ 5
I G.,
I
19.
Water Run-Off
(including storm water)
20.
21.
Could waste materials enter ground or surface
waters? If so, generally describe how: A J ()
. -
22.
Describe proposed measures to reduce or control
surface, ground, and run-off water impacts, if any:
/l1Jßft-
.
PLANTS
23.
Check the types of vegetation found on the site:
J fJ1.4-J( ) ¿? J
¡&( .v 0 ¡;I-¡ p/¡t1t J?AL-
e t?t:-¿/(("/'" ICI
I ¡)ftJIJc.r, 4t..-
Deciduous tree: ø. alder ø )1\aple 0 aspen
,Ø other: ú.;UK./fÆ);'U~ _¿!()-¡¿I Ol.t.~ /l}JVrtt..£4<-
Evergreen tree: LQffir (j cedar ø pine
ifother: /1'/'o<' JP{ UX-~ ....
c;ð Shrubs p Grass 0 Pasture 0 Crop/Grain
Wet Soil Plants: 0 cattail 0 buttercup
0 bulrush 0 skunk cabbage
0 other: IVÆ.tÇ, fJd("I~/I)7 t\Jt:p~#f~o~~U MJ; o~~~:þ:~.LS
wa~r :;~:::s: 0 ~~t~~O eelgrass 0 milfoil þ/tJt.Æ I!. ~ tV4-r~.1?.... \
~ / ðf.f. -rílrr... pRo Þ,lRT"()
Other: ' .
24.
What kind and amount of vegeta,n would be removed
or altered? t/Æ/L,V ~/7Ít-L 7.Rpll/)~ (' b/HLl}lrtJ C,.
ç /.r?{ S
25.
List threatened or endangered specJes known to be
on or near the site: . £( ;AJ¡.('AJDW;t!
-5-
VOL
18 f^~£ 00
tJ ~(p ~í4-7Ío-..1
.1238
26.
27.
28.
29.
-
ANIMALS
Check any birds and animals that been observed on
or near the site or are known to be on or near the
site:
Birds: 0 hawk 0 heron 0 ea)Jle ß songbirds
ç:cr other: /f A.J K¡t/ðtV A/
Mammals: g deer 0 bea:t' 0 elk 0 beaver
j21 other': ./J-¡/¥~ ~;i!.
Fish: 0 bass 0 sálmon 0 trout 0 herhng
0 shellfish 0 other: t/,ul<>t/ð'w-J
List any threatened or enp¡mg;ered species to be on
or near the site: t/fi/,Afif2¿)¡J
Is the site part of a migration route? If so, how?
/I/O
30.
Describe proposed measures to preserve or enhance
wildlife, if any: Aßo k /f/ 77A/~
, ,
ENERGY AND NATURAL RESOURCES
31.
What kinds of energy (electric, natural gas, oil, wood
stove, solar) would be used to meet the completed
project's energy needs? Describe whether it would
be used for heating, manufacturing, e c.: fi l-It.ú..,-Je/C-I fy)
5~1I i..J.l 'l¡2t>P4AJ I.,,)CJ¿I/) Ò i- ~
32.
Would the project affect the potential use of solar
energy by adjacent properties? If so, generally
describe the affect: .Nû
33.
What kinds of energy conservation features are
included in the plans of this proposal? List other
proposed measures to reduce or control energy
impacts, if any: ¡l'C/ð,A/£-
ENVIRONMENTAL HEALTH
34.
Are there any environmental health hazards,
including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? If so, describe
the hazards: A/I)
,
-6-
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18 ¡f.r,r 00 1239
EVALUATION
~
. .
35.
36.
37.
EVALUATION
Describe special emergency services that might be
required: .t1J{J¡r).f.---
~ '
Describe proposed measures to reduce or control
environmental health hazards, if any: .I1/tJAJ£--
NOISE
What types of noise exist in the area that may
affect your project (traffic, equipment, operations)?
/l/o¡tl¡(., -rõ ç:;/1Æ4~ ð¡t::~. ';M/ ÓCc.4-;1/o Æ#t:-
é-# /
38.
What types and levels of noise would be created by
or associated with the project on a short-term or a
long-term basis (construction, traffic, operation)?
Indicat what hours noise would come from this site:
I rr11Æ/Jr' ð,l()5-r~u.t. Tíólù
r '172. l4 I C r~~ ~ ¡()t...Æ 'r, brV
39. . Describe proposed measures to reduce or control
noise impacts, if any: /l /l1/f/Æ---.
,
LAND AND SHORELINE USE
40.
What is the current use of the site and adjacent
properties? i:!- - i:;;:: ~Æ,uÆf(.4L IÁ.~ (;.... 'ZON-E:
Jt}-f) ~ 4-;- 71. I -r, MÆ- J?« £...4<... Pfi.S/t;.AJ4 7/~
, . .
41.
Has the site been used for agriculture?
describe the use: ,AI 0
If so,
42.
Describe any structures on the site:
/2){)P~
43.
'Will any structures be demolished?
structures? /L/l)
.
If so, what
44.
What is the current comprehensive plan or community
development plan designation of the site? Identify
theplan: N¿?;tJL..
45.
If applicable, what is the curren~~_M~gr
Program designation of the site? ~ç
---- .
46.
~ I J/ ~
¡Vl) (,é)D~K {A.)/LL ßÆ.. P( I(¡C{)ÆM (i)
ff¡J t/ ¡(IV 1/1 f(þ /Ù M (. AJ 'Í /1-U- Y S/iAJ !:.I rl LJ It:-
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. (Ulc..r 07 ~--rIiÆ.1' f>A-~TS.y:.
ON (;J ~ ~
A-~fi4 $ If> 1Jd?'
~ c> -.r <t '-v:)
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18 :,~r:- 00
1.240
47.
48.
49.
50.
51.
EVALUATION
Approximately how many people would reside or work
in the completed project? /? /",íft--f I ,-,I,¿ S -
( I
Approximately how many people would the completed
project displace? A/ð~
.
Describe proposed measures to avoid or reduce
djsplacement impacts, if any: /J/t'>Y ~
Describe proposed measures to ensure the proposal
is compatible with existing and projected land uses
and plans, if any: /L/ðA-J£-
HOUSING
Approximately how many units would be provided, if
any? Indicate whether the housing is high, middle,
or low income: /(P ~ //nij"æ:-g I /VII p1Je L
52. Approximately how many units, if any, would be.
. :~~~~~~~~diow I~~~::~. w~~h~ ¿he ~W4g is high,
. /~
53.
Describe proposed measures to reduce or control
housing impacts, if any: "Il/ðßtf-
AESTHETICS
54.
What is the tallest height of any proposed
structure(s), not including antennas? What is the
principal exterior 7i1ding material(s) proposed?
.. ;:;:< c:; 7ðÆ. j/ j/( )0 Ò n -
/
55.
What views in the immediate vicinity would be altered
or obstructed? /!/¿I#É-
56.
Describe proposed measures to reduce or control
aesthetic impacts, if any: e../')¿/ ¡;,;U4,t/ -r-:ç
LIGHT AND GLARE
57.
What type
produce?
occur?
58.
Could light or glare from the finished project be a
safety hazard or interfere with views?
A/{)
-8-
..
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1,1 R . H'" 00 :124. 1
'>.j r "Ù~
I
, }
,
. .
59. What existing off-site sources of light or glare may
affect your proposal? N(}?J~
~
60.
61.
62.
Describe proposed measures to reduce or control
light and glare impacts, if any: / )¿¡...v£"'-
,
RECREATION
What designated and informal recreational
opportunities are in the immediate vicinity?
:lh71~ ~ éP Ãu A/IV ¿IV 6:, ,}orõCP I' -u~
l
Would the proposed project displace any existing
recreational uses? If so, describe the displacement:
/[/6
y
63. Describe the proposed measures to reduce or control
impacts on recreation, including recreational
, opportunities to be provided by the project or
proponent, if any: 1.Jt.'/M L-
;I'
64.
HISTORICAL AND CULTURAL PRESERVATION
Are there any places or objects listed on or
proposed for national, state, or local preservation
registers known to be on or next to the site? If so,
generally describe them: /l/Ò
.
65.
Generally describe any landmarks or evidence of
historic, cultural, archaeological, or scientific
importance known to be on or next to the site:
A/ c?"v Æ--
,
66.
Describe proposed measures to reduce or control
impacts, if any: )( ý'ð¡t/~ -
TRANSPORTATION
67.
Identify public streets and highways serving the
site and describe the proposed access to the
existing street sy~m. Show O,n the site plan.
/}LK ~ ;t?D4/J
68.
Is the site currently served by public transit? If
no, what is the approximate distance to the nearest
transit,stop? AJO
.
-9-
" !
18 r.~Gf 00
,~Ol
:124'2
EVALUATION
, ¡
69.
70.
71.
72.
73.
74.
75.
EVALUATION
How many parking spaces would the completed project
have? How m~ would the project eliminat~ . '
/)t! /I,tU11 /-¿:,'p' .Jill j}/(/I ,{)t-(4--L- 7 ~t{ S
Will the proposal require any new roads, streets, or
improvements to existing roads or streets, not
including driveways? If so, generally describe them,
ipdicating whether they are public or private:
!JR.¡ t./4-rL f)¡£.{ l/ IG~
.
Will the project use water, rail, or air
transportation, or occur in the immediate vicinity of
these facilities? If so, generally describe the use:
»0. NO
. /
How many vehicular trips per day would be generated
by the completed project? If known, indicate whenC~ /AfG. c/
peak volumes would occur: fiÆ:>/tJFiJf/f') &e?/Mb
Øtl Æ I A.J Co fJ41/ ð /3- Æ V,,!,..v//v""C.?
.
,Describe proposed measures to reduce or control.
transportation impacts, if any: "A/ð ;"CJ L
PUBLIC SERVICES
Would the project result in an increased need for
public services (fire protection, police protection,
health care, schools)? If so, generally describe the
results: AID
.
Describe proposed measures to reduce or control
direct impacts on public services, if any: .A/c> A...J L
UTILITIES
76.
Check which utilities are currently available at the
site:
0 water gelectricity 0 natural gas
ø refuse service ()" telephone 0 septic system
0 sanitary sewer bother:
77.
Describe the utilities that are proposed for the
project, the utility providing the service, and the
general construction activities on the site or in the
immediate vicinity that might be needed: tV.4-r~ ~
ACKNOWLEDq'EMENT
I acknowledge that all information provided in this checklist and all attached material is true and correct to the best of my
knowledge. I understand the lead agency is relying on this information to make its decision. In addition, I understand that
review under SEPA does not constitute approval of a proposal; compliance with local, state, and federal regulations applicable
to the proposal shall constitute approval. (Check with appropriate agencies to determine what approvals are required.) SErA
approval is based on e information I have_;~v ed. If found inaccurate, approval could be withdrawn.
J~~/9- c¡¡
(date)
-10-
.
YOL
18 ¡!.~.: 00
1243
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JEFFERSON COUNTY
PLANNING AND BUILDING DEPARTMENT
P.O. Box 1220
Port Townsend, Washington 98368
Planning (206) 385-9140
Building (206) 385-9141
FAX (206) 385-9357
,"
JEFFERSON COUNTY COURTHOUSE
Craig Ward, Director
MODIFIED MITIGATED
DETERMINATION OF NON-SIGNIFICANCE
AND LEAD AGENCY STATUS
DATE:
September 29, 1992
PROPONENT:
Sam Boling
PROPOSAL:
Development of an 80 acre parcel into a 16-1ot large lot
subdivision, Fulton Lake Estates. The parcels would be
between 2.88 acres and 6.88 acres in size. The proposal
includes construction of approximately 1,900 feet of
access roads and cul-de-sacs to Jefferson' County
standards.
In order to meet the Jefferson County Large Lot
Subdivision Guidelines, the applicant is required to
place 10.5 acres in open space. This has been done by
placing proposed Lots 2 and 4 in open space. The
Jefferson County Subdivision Ordinance allows subdivision
of open space areas by means of long platting. The
applicant has proposed to long plat Lots 2 and 4 which
are currently designated as open space. Assuming that
these lots are resubdivided into 4 lots each, this would
create a total of 22 lots.
PROJECT LOCATION: The proposal site adjoins the Black Point County
Road approximately 1/2 mile easterly of the State Highway 101/Black
Point County Road intersection. The proposal site is a portion of
the North Half of the Southeast Quarter and a portion of Government
Lot 5 in section 15, Township 25 North, Range 2 West, W.M.
MITIGATION MEASURES:
1. In order to avoid significant impacts related to storm water
runoff and soil erosion, construction of roadways, cul-de-
sacs, and utilities on the site shall be consistent with the
erosion and sedimentation control plan submitted with the
proposal and approved by the Jefferson County Public Works
Department.
In order to avoid significant impacts related to storm water
runoff and soil erosion, all areas of exposed soils shall be
2.
, VOl.
18 rMF 00
:1244 .
3.
4.
5.
seeded or otherwise revegetated as soon as practicable after
construction and prior to final plat approval.
In order to avoid significant impacts to wetlands functions
and values, all development proposals on lots which adjoin
Fulton Lake, its outlet channel, or the south lobe fresh water
wetland, including applications for residential building
permits, shall include an erosion and sedimentation coptrol
plan which meets the requirements of the Jefferson County
Public Works Department.
In order to avoid significant impacts to wildlife habitat and
to wetlands functions and values, an undisturbed 100 foot wide
buffer shall be preserved around the wetlands of Fulton Lake,
its outlet channel, and the south lobe fresh water wetlands.
No clearing, grading, filling, timber harvest, or development
shall be conducted within these wetlands or within 100 feet
measured horizontally from the wetland boundary as located in
the field by Myers Biodynamics Inc. Exception is made for the
area northerly of the Fulton Lake outlet channel on Lot 6
where the buffer shall extend from the wetland boundary to the
top of the slope. Exception shall be allowed for clearing and
constructing a 6 foot wide path for non-motorized use only to
and along the wetland boundary on each lot that adjoins Fulton
Lake, its outlet channel, or the south lobe fresh water
wetland. Exception shall also be allowed to place a waterline
in the existing road way that separates Fulton Lake from the
south lobe wetland.
In order to avoid significant impacts to wetlands functions
and values, the boundary of the 100 foot buffer around the
wetlands of Fulton Lake, its outlet channel, and the south
lobe shall be located and clearly and permanently marked in
the field by a licensed land surveyor. The location of the
boundary of this buffer shall be depicted on the Final Plat
of Fulton Lake Estates Division 1.
In order to comply with the terms of Forest Practice Permit
09-14687 and to avoid significant impacts to wetlands
functions and values and to wildlife habitat, the area within
50 feet of the westerly boundary of the south lobe of the
Fulton Lake wetland and the southerly boundary of the Fulton
Lake outlet channel wetland shall be replanted with native
coniferous and deciduous trees.
In order to ensure compliance with the preceeding mitigation
conditions, the following notices shall be placed on the final
plat:
No filling or development shall be conducted within the
wetlands of Fulton Lake, its outlet channel, or its south
fresh water lobe.
6.
7.
A wetland protection buffer has been established .around
Fulton Lake, its outlet channel, and their associated
wetlands. This buffer is depicted on this plat. No
clearing, grading, filling, timber harvest, fire wood
cutting, or development shall be conducted within this
area. Exception shall be allowed for clearing and
'.'
18 í t~,: 001245
..YOL
8.
9.
10.
11.
constructing a 6 foot wide path for non-motorized use
only to and along the wetland boundary on each lot that
adjoins Fulton Lake, its outlet channel, or their
associated wetlands.
Development within 200 feet of the ordinary high water
mark of Fulton Lake or its outlet channel or wi thin their
associated wetlands is subject to prior review. and
approval by Jefferson County to ensure consistency with
the Jefferson-Port Townsend Shoreline Management Master
Program. Purchasers should contact the Jefferson County
Planning and Building Department for further information.
All applications for development proposals including
building permits for single family residences and
appurtenant structures on lots which adjoin Fulton Lake,
its outlet channel, or their associated wetlands, shall
include an erosion and sedimentation control plan which
meets the requirements of the Jefferson County Public
Works Department. Purchasers should contact the Jefferson
County Public Works Department for further information.
In order to avoid significant impacts to wildlife habitat and
wetlands functions and values, prior to final plat approval
the applicant shall place a protective covenant on the deed
requiring compliance with the wetlands protection mitigating
measures of this Mitigated Determination of Non-significance.
In order to avoid significant impacts to educational services
and meet the requirements of the Washington State Growth
Management Act, prior to final plat approval the proponent
shall enter into an agreement with Brinnon School District
verifying that appropriate provisions are made for schools and
schoolgrounds resulting from the development.
In order to avoid significant impacts to fire protection
services and meet the requirements of the Washington State
Growth Management Act, prior to final plat approval the
proponent shall enter into an agreement with Fire District
No.4 verifying that the fire district has the capability to
provide fire protection services to the development.
In order to avoid significant impacts to transit services and
meet the requirements of the Washington State Growth
Management Act, prior to final plat approval the proponent
shall enter into an agreement with Jefferson Transit verifying
that Jefferson Transit has the capability to provide public
transit service and transit stops resulting from the
development.
These mi tigation measures are intended to eliminate probable
significant environmental impacts identified by Jefferson County
during review of the Environmental Checklist submitted by the
proponent, from inspection of the site by Jefferson County Planning
and Building Department staff, and from public comments. These
impacts are to:
* Soils due to erosion of soils cleared during construction of
access roads, cul-de-sacs, and homesites;
..
18 rAri~ 001.24'6
", '
VOL
.; :.
* Water and wetlands due to clearing vegetation and construction
of impervious surfaces resulting in increased storm water runoff
containing contaminants and sediment;
* priority species of wildlife including .bald eagles, great blue
heron, and osprey due to clearing of perch trees and screening
vegetation adjoining Fulton Lake, its outlet channel, and
associated wetlands and also due to increased human disturbance to
both prioity species and their prey; ~
* Resources and ecology of the shoreline jurisdiction of Hood Canal
and its associated wetlands due to unregulated development within
the shoreline jurisdiction by subsequent purchasers;
* Jefferson Transit's capacity to provide transit services;
* Brinnon School District's capacity to provide educational
services;
* Fire District No. 4's capacity to provide fire protection
services.
County policies which address these impacts are contained in the
Jefferson County SEPA Implementing Ordinance, the Jefferson County
Subdivision Ordinance, and the Jefferson-Port Townsend Shoreline
Management Master Program.
NOTICE OF LEAD AGENCY: Jefferson County has determined that it is
the lead agency for the above-described proposal.
NOTICE OF NON-SIGNIFICANCE: Jefferson County has determined that
the above-described proposal conducted. in conformance with the
mitigation measures listed above would not have a probable
significant adverse impact on the environment, and an environmental
impact statement is not required under RCW 43.2lC.030(2) (c). This
decision was made after review of a completed environmental
checklist and other information on file with the Jefferson County
Planning and Building Department and an inspection of the site.
.~
COMMENT PERIOD: This modified determination is issued pursuant to
WAC 197-11-340(2) (f). It is based upon the lead agency's
consideration of comments submitted regarding the preliminary
mitigated determination of nQn~significance issued for the
~. -
" ,£{¡ .., .£c
~ C Ward, Director
Jefferson County Planning Department and
Building Department
c:
Washington State Department
Washington State Department
Washington State Department
Washington State Office
Preservation
Point No Point Treaty Council
Skokomish Tribe
Jefferson County Public Works
of Ecology
of wildlife
of Fisheries
of Archeology
and
Historic
Department
VOL
18 f^~: 00
1247
Jefferson County Health Department
Jefferson Transit
Brinnon School District
Jefferson County Fire District No.4
Admiralty Audubon Society
Olympic Environmental Council
Hood Canal Environmental Council
Pleasant Tides Property Owners Association
Port Townsend-Jefferson County Leader
Sam Boling
C:\SEPA\FultonLk.DNS
','~ '," ,.
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VOL
18 rM~ 00
~
~B
, ,,""1
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'.'.,"Y ,¡ n 1°92
',,';: U;] .,,)
NOTICE OF APPEAL
< ,,'1;. ...,'
The
South
County
Coordinating
Council,
through
its
designated representative, Brian Arthurs, herebyappeals'the
Modified Mitigated Determination of
Non-Significance dated
September 28, 1992 for the development of Fulton Lake Estates.
Because
the
proposed
mitigation
measures
do
not
assure
avoidance of significant adverse environmental
impacts,
an
environmental impact statement should be prepared.
Areas in
which significant impacts are expected to occur include the
following:
1.
WILDLIFE AND WETLANDS:
There is significant wildlife
use of the lake and the environs around the lake.
The 100 foot
buffer zone is
inadequate to avoid significant impacts to
wildlife which use a much broader zone around the lake.
Even
this 100 foot buffer zone is subject to exceptions pursuant to
the proposed mitigation conditions.
Further,
the proposed
buffer zone is inadequate because there would be almost no
notice to property owners of its existence and there is no
ready
mechanism
for
its
enforcement
by
the
county,
the
Department of Wildlife, or other interested parties.
2.
SURFACE WATER RUNOFF:
Surface water runoff
and
erosion throughout the development process will have probable
significant adverse impacts.
The County has assumed, without
any facts to support it, that the requirements of the Jefferson
1
.YOL
18 rf,~,~ 00 1.249
County Public Works Department will assure the absence of
significant impacts.
No analysis has been done of how those
requirements would be applied to this site.
Without such an
analysis,
the
staff
conclusion
that
there
will
not
be
significant impacts
is arbitrary and lacks support in" the
record.
3 .
CULTURAL RESOURCES:
The staff has ignored evidence
submitted by the Skokomish indian tribe that Fulton Lake holds
significant cultural importance for the Skokomish Tribe.
The
staff response to this issue refers to archeological resources.
The staff never addresses the evidence that the site possesses
cultural significance.
4.
ARCHEOLOGICAL RESOURCES:
Evidence suggests that the
Fulton Lake environs may have significant archeological value.
The staff acknowledges "the probable existence of archeological
resources" in the vicinity but then refuses to consider the
possibility that the archeological resources occur on this very
site.
5. LAND USE/OPEN SPACE: The proposal will cause a
dramatic change in land use and the loss of a great deal of
open space. What little open space is provided for within the
plat can itself be lost on re-subdivision.
The change in land
use and the loss of open space is itself a significant adverse
impact.
None of the proposed mitigation measures reduces the
loss of open space or change in land use.
2
VGI-
18 r MF 001250
6.
CUMULATIVE IMPACTS:
The staff analysis incorrectly
fails to consider the additional environmental impacts which
will result from the re-subdivision of the acreage nominally
placed in open space as part of this proposed plat.
The staff
recognizes that the County ordinance allows the resubdivision
0 f the
(temporary)
open space.
The developer has made no
promise (to our knowledge) that it will not quickly resubdivide
the (temporary) open space.
The assessment of environmental
impacts
should
take
into
account
the
probable
further
subdivision of the (temporary) open space.
Based on the foregoing, and upon a proper showing before
the County Commissioners, the Modified Mitigated Determination
of Non-Significance should be reversed,
a Determination of
Significance should be issued, and a full environmental impacts
statement ShOUld~ prepared.
Dated this ~ day of October, 1992.
Respectfully submitted,
---
By:
vid A. Brick in
WSBA No. 7583
Attorneys for South
County Coordinating Council
sccc\appeal
3
~
¡ot
18 ¡Af,Ç 00
:1251
BRICKLIN & GENDLER
ATTORNEYS-AT .LAw
SUITE 1015 FOURTH AND PIKE BUILDING
1424 FOURTH AVENUE
SEATTLE, WA 98101
,,---,', ,N,';'{
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DAVID A. BRICKUN
MICHAEL W. GENDLER
DAVID S. MANN
(206) 621-8868
FAX (206) 621-0512
October 21, 1992
Jefferson County
Board of Commissioners
P.O. Box 1220
Port Townsend, WA 98368
Re:
Appeal of Modified Mitigated Determination
of Non-Significance for Fulton Lake Estates
Dear Commissioners:
The above-referenced appeal was filed by our office on behalf
of Brian Arthurs and the South County Coordinating Council on
October 9, 1992. On October 14, 1992, we received a letter
from Jim Pearson indicating that the hearing would be conducted
on Monday, October 26 and that written testimony or
documentation should be submitted by October 22nd.
At the time that this letter arrived, I was on a week-long trip
to the east coast. When I returned to my office on October 19,
I learned of this hearing scheduled. Unfortunately, I have
another matter in a King County Superior Court case scheduled
for that same time. I contacted Mr. Pearson who advised that
because public notice had already been published, it would not
be possible for him to change the hearing date. He stated that
I should write you a letter requesting a change.
A change in the hearing date is necessary not only because of
my unavailability but because of the relatively short amount of
time given to the parties to prepare their presentations. We
are anticipating relying upon the expertise of several people
from different organizations and agencies. It is difficult for
us to coordinate their schedules in order for them to all be
available on such short notice.
My clients will be present at the time of the scheduled hearing
on October 26, even though I will not be able to attend. They
will again request that you continue the hearing to another
date so that their attorney and witnesses can be available.
'JOt
18 rA('~ 00 .1252
Jefferson County
Board of Commissioners
October 21, 1992
Page 2
In order to avoid inconvenience to other members of the public,
we would have no objection to the taking of testimony from the
public on October 26. We request that you do defer, however,
the taking of testimony from the staff or the proponent so that
my client's attorney and witnesses can be available to hear
that testimony.
Assuming that there is a continuance of at least part of the
hearing, we will endeavor to supply some written information in
advance of the new hearing date. .
Very truly yours,
BRICKLIN & GENDLER
QJÞ4~ ~ Wlß
David A. Bricklin
DAB/mby
cc:
James W. Pearson, Associate Planner
Brian Arthurs
'lot
18 r,~~: 00
1253
. \
~~
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Point No Point Treaty Council
Port Gamble S'Klallam . Lower Elwha Klallam . Jamestown Klallam . Skokomish
,
-,:" r)',
- ç';'"
v
Craig Ward
Planning Director
Jefferson county
P.o. Box 1220
Port Townsend, WA 98368
. .
oc.,. ~o b,~.,~' 9'S,f.!:92
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Dear Mr. Ward,
The Point No Point Treaty Council is appealing Sam Boling's Black
Point subdivision proposal to the Honorable Board of County
Commissioners. As this projects stands, we assert that there is a
probable chance that significant environmental impacts will
occur. We request that the SEPA determination by Jefferson County
should either be changed to a Determination of Significance or
the mitigation conditions should be substantially strengthened.
Specifically, we would like to discuss the following probable
significant impacts and requested relief.
1) Probable significant impacts to cultural and archeological
resources.
A professional archeological survey is warranted based on the
information provided in the MDNS. Two professional
archaeologists, one of whom contracts with Jefferson County,
recommended that a professional cultural resource assessment
should be conducted in the area prior to issuing development
permits based on their understanding of the probable cultural
significance of the site, including a map of a village site in
the area, heavy use of Hood Canal shorelines and spiritual
significance and legend associated with Fulton Lake. The
Skokomish Tribe also recommended a cultural assessment based on
their knowledge of the spiritual and cultural importance of
Fulton Lake area and past use of the Quatsop Point area as a
seasonal camp. Jefferson County, with limited cultural and
archeological expertise or knowledge, has used its own set of
criteria to determine that such recommendations are not to be
taken seriously and that survey work is not needed.
2) Probable significant impacts to wetlands and wetland wildlife
and fish resources.
Jefferson County is basing its wetland buffer recommendation on
Department of Ecology (DOE) minimum width of 100 feet fcœ a Class
II wetland. As explained in the attached letter from Mark
Bentley, DOE Wetlands Section, this buffer width does not take
Port Gamble S/Klallam Fisheri.esOffic~ ."31974 Little Boston Road. Kingston, Washington 98346 . (206) 297-4792
, ',IDe
18 fM,~ 00
1254
into account wildlife habitat considerations -- "If wildlife
habitat is an important wetland function, the Department of
wildlife recommends that in western Washington a 200 to 300 foot
buffer is necessary to retain wetland-dependent wildlife". The
..
Jefferson County MDNS staff report states that the Fulton LaKe
wetland system provides habitat for state and Federal threatened
(bald eagle) and state Monitor species (great blue heron and
osprey). Presence of these species alone supports a wider buffer
area to reduce disturbance and allow restoration of clear-cut and
disturbed areas. Additional considerations supporting a 300 foot
buffer width are detailed in the september 21 letter, attached.
3) Significant impacts of subdivision of 10.5 acre open space
into 8 lots.
The intent of the open space regulation in the subdivision
ordinance is to preserve open space for aesthetic, environmental
and cultural purposes. Under a loophole in the old ordinance,
Boling is proposing to subdivide the proposed open space. It is
unclear from the SEPA determination and staff reports whether the
this additional subdivision is included in the environmental
analysis. The SEPA determination should either state that the
open space will not be subdivided as one of the mitigation
conditions or that the cumulative impacts have been evaluated.
Sincerely,
)zh-~
Peter Bahls
Habitat Biologist
VOL
18 f~r~ 00
1255
~~
Point No Point Treaty Council
Port Gamble S'Klallam . Lower Elwha Klallam . Jamestown Klallam . Skokomish
September 21, 1992
Jim Pearson
Jefferson County
P.O. Box 1220
Port Townsend, WA 98368
;;
Dear Jim,
Regarding Boling's Blackpoint subdivision proposal, I talked to Sid
Brower, a wetlands specialist at DOE! - -, concerning the wetlands
buffer width issue. She stated that in general, the DOE Rating
system for wetlands is meant to include open water areas. This
addition to the estuarine wetlands acreage may increase the point
rating to a Class I wetlands. Also, according to DOE, even if the
wetlands is accurately rated as a Class II wetlands, the buffer
width of 100 feet is a minimum width recommendation. I think that
considerations unique to this wetland site merit additional
protection beyond the minimum recommended by DOE. These
considerations include --
1) use of the wetlands by state monitor species (osprey and blue
heron) and threatened species (eagle roosting site).
2) WDW report "Buffer Needs of Wetland Wildlife" recommends a 200
foot minimum buffer width for non-intensive uses and 300 foot
buffer width for intensive uses. These buffer widths are based on
the habitat needs of wildlife (not DOE's speciality) as determined
from research studies. I've included a copy of the report that
documents the buffer widths used by individual species, buffer
ranges that extend to 700 feet for some species and commonly exceed
300 feet. The report specifically states that "wetlands with open
water components need larger buffers" and that "size is one of the
least determinants of wetland value and need for protection".
3) probable spiritual and cultural importance of this site to
native americans (as described in County MDNS) and greater
potential for protecting possible archeological remains with a
wider buffer around wetlands.
4) unique and irreplaceable ecological characteristics of the
Fulton Lake wetlands, particularily the occurrence of an estuarine
lake along Hood Canal.
Given the complexity and unique nature of this wetlands, :Us. Brower
agreed to send out a DOE wetlands biologist to run through their
rating system and provide buffer recommendations. She said that the
work would be completed during the next several weeks and before
October 16.
Sin~~~
Port Gamble S'Klallair; Fisheries Office. 31974 Little Boston Road. Kingston, Washington 98346
18 fMl 00 '~
" (206) 297-4792
- VOL
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Mail Stop PV-11 .
"'September 30, 1992
Olympia, Washington 98504-8711 . (206) 459-6000
Peter Bales
Point No Point Treaty Council
31974 Little Boston Road
Kingston, WA 98346
;,
RE:
Buffer recommendations for Category II salt marsh
Dear Mr. Bales:
Per your request of Cyd Brower, I am writing to summarize our comments
regarding buffers for wetlands. In particular, I will address our rationale
for buffers associated with Category II wetlands. Generally, we recommend a
100 to 200 foot buffer for a Category II wetland. In order to make an
accurate buffer width decision however, it is important to consider: the
existing wetland functions, values and sensitivity to disturbance; buffer
characteristics; land use impacts; and desired buffer functions. Although our
buffer range is generally based on land-use impacts (i.e., 100 feet for low
intensity and 200 feet for high intensity), this represents only one of the
four considerations to be made.
Once all of the buffer considerations have been addressed, specific buffer
width information can then be applied to a particular wetland. Ecology's
recent publication, Wetland Buffers: Use and Effectiveness, documents the best
scientific information available regarding buffers and should provide you with
some useful assistance. If wildlife habitat is an important wetland function,
the Department of Wildlife recommends that in western Washington a 200 to 300
foot buffer is necessary to, retain wetland-dependent wildlife. In your
situation, an accurate wildlife assessment would be beneficial t~' support the
position that the wetland is indeed an important wildlife area and would
justify the 200 foot buffer.
If you h<'lve :?DY adr;!i.riOT1Rl qt1E'st:ion:: 'ple;;.se feel. T;:f'.e tot;ont~c~ me at (206)
493 - 9262.
Sincerely,
/lJ-.~J- &/7/#PJ-
Mark Bentley /.
Wetlands Section
Shorelands and Coastal
Management Program
Zone
cc:
Cyd Brower
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Commissioners' Meeting Minutes: Week of November 16, 1992
Page: 10
directly to the County Commissioners. Financing of this position should be by the developers.
For this person, an initial predetermined fee should be collected and placed in a separate
account for each developer. Appropriate charges should then be made as they are incurred
by the monitor. This account would be replenished as needed by the developers. Obviously
the County is not funded to cover the cost of this on-going monitoring. Since each developer
stands to benefit from his developments, it is only logical they incur these costs as provided
for in WAC 197.11.660 and 197.11.708.
As a further guideline for consideration, we are attaching a draft of a position description
titled "Compliance Monitor" which we feel is absolutely essential. In working through the
EIS process, all of us, including County government and the developer have had to learn a
lot. To help in the learning process we've contacted another County and they gave
generously of their time and furnished us a complete set of their manuals and procedures to
environmental impact statements. The ideas contained above are reflective of their operating
procedures. Your serious consideration to our request, mainly the proper monitoring of the
EIS, is very much appreciated. When considering the consequences of not having a
monitoring system, it's possible effect on our fragile environment, and considering the
destruction that has already taken place, it is inconceivable that there not be stringent
monitoring systems."
Ann Quantock. President, Protect Ludlow Bay Committee, stated that she wants the
Commissioners to realize that this is a property rights issue. The property rights of many
small local landowners, lined up against the property rights of a large absentee owner. She
asked that the Commissioners consider the local property owners who are seriously effected
by the project that this large, absentee landowner is promoting. She added that she will
submit written comments that cover many issues and then reviewed two major issues:
Sewage Treatment Plant: The sewage treatment plant and its impact on water quality in
the bay is dismissed casually in these Environmental Impacts statements. It is a critical
piece of the cumulative impact assessment. In 1986, in an EIS prepared for the sewage
treatment plant, it was determined that there would be 640,000 gallons per day that this
plant could handle to service 1,868 hookups. The DOE and the County accepted the
certainty of overcapacity at full build out in July and August when 700,000 gallons per
day would be running through the treatment plant. The latest estimate by the developer
is that this plant could handle 2,100 hookups. When Pope Resources Vice-president,
David Cunningham, was asked about this at a meeting, he said that more hookups could
be accommodated by the plant because people are conserving water now. She asked if
the effort of people to conserve water is based on this year's drought or is it based on a
permanent change in people's behavior patterns? Is the developer running a campaign to
maintain decreased water use? No. Are all the new homes being built with water
conserving showerhead's, faucets, and toilets? No. The primary error is in calculating
sewer hookups on the basis of average use, not peak usage. Port Ludlow is a peak use
community. In the winter the rainbirds have flown to Arizona, the resort is deserted, the
bay is empty of boats. In the summertime, the rainbirds have come home with lots of
guests. The resort is popping, the marina is full of visiting boats. Add all of the summer
activity to a factor of the prevailing north wind which holds everything that floats to the
surface of the Bay in the Bay, and you are assuring that we have pollution in the
summertime. The problem is exacerbated by the number of plant malfunctions that occur
during the summer months, when the pressure on the treatment plant is at the peak.
She noted that she has a number of specific questions that should be answered before
development at Port Ludlow is continued:
How many hookups are actually proposed?
How many hookups does the hotel require? The developer has figured it for the
number of rooms in the hotel (35).
Do hotel rooms really equate to a family's use of water?
Does a family wash it's towels and sheets everyday?
Is the restaurant use the same as a family use?
Does the 2,100 hookups include the more than 700 lots in the north Bay
development that have been sold with a hookup guarantee but are not yet built on?
yat
18 UM 00
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