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Enclosure 3 "SEP A CHECKLIST"
to Marrowstone Island Permit
This project is SEPA exempt per WAC 197-11-800 (23). I have included a copy in this
enclosure. I also included an e-mail that was sent to your office. If you read the chapter she is
talking about,it has to do with the DOH review of our engineer report which is currently being
evaluated at DOH and therefore should not affect the timing of your review. However, to get
pass all this, I have done a SEP A checklist for this project and I have determined this project to
be DNS. I will make my recommendation to the BOC at their next meeting (4 May 2005), and
will forward to you the next day.
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Chapter 197 -11-800 WAC - Th,-shington State Legislature
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(17) Information collection and research. Basic data collection, research,
resource evaluation, requests for proposals (RFPs), and the conceptual planning of
proposals shall be exempt. These may be strictly for information-gathering, or as pqrt
of a study leading to a proposal that has not yet been approved, adopted or funded~
this exemption does not include any agency action that commits the agency to .
proceed with such a proposal. (Also see WAC 1!:a::::ll:0IQ,) J
(18) Acceptance of filings. The acceptance by an agency of any document or
thing required or authorized by law to be filed with the agency and for which the
agency has no discretionary power to refuse acceptance shall be exempt. No license
shall be considered exempt by virtue of this subsection,
(19) Procedural actions. The proposal or adoption of legislation, rules,
regulations, resolutions or ordinances, or of any plan or program relating solely to
governmental procedures, and containing no substantive standards respecting use or
modification of the environment shall be exempt. Agency SEPA procedures shall be
exempt.
(20) Building codes. The adoption by ordinance of all codes as required by the
state Building Code Act (chapter 1~2J RCW),
(21) Adoption of noise ordinances. The adoption by counties/cities of
resolutions, ordinances, rules or regulations concerned with the control of noise which
do not differ from regulations adopted by the department of ecology under chapter
ZQ,:LOZ RCW, When a county/city proposes a noise resolution, ordinance, rule or
regulation, a portion of which differs from the applicable state regulations (and thus
requires approvalof the department of ecology under RCW IQ,lQZ,QQQ(4)) , SEPA
compliance may be limited to those items which differ from state regulations,
(22) Review and comment actions. Any activity where one agency reviews or
comments upon the actions of another agency or another department within an
agency shall be exempt.
(23) Utilities. The utility-related actions listed below shaH be exempt, except for
installation, construction, or alteration on lands covered by water, The exemption
includes installation and construction, relocation when required by other governmental
bodies, repair, replacement, maintenance, operation or alteration that does not
change the action from an exempt class,
(a) All communications lines, including cable TV, but not including communication
towers or relay stations,
(b) All storm water, water and sewer facilities, lines, equipment, hookups or
appurtenances including, utiiizing or related to lines eight inches or less in diameter,
(c) All electric facilities, lines, equipment or appurtenances, not including
substations, with an associated voltage of 55,000 volts or less; and the overbuilding of
existing distribution lines (55,000 volts or less) with transmission lines (more than
55,000 volts); and the undergrounding of all electric facilities, lines, equipment or
appurtenances,
(d) All natural gas distribution (as opposed to transmission) lines and necessary
appurtenant facilities ~md hookups,
(e) All developments within the confines of any existing electric substation,
reservoir, pump station or well: Provided, That additional appropriations of water are
not exempted by this subsection,
(1) Periodic use of chemical or mechanical means to maintain a utility or
transportation right of way in its design condition: Provided, That chemicals used are
approved by the Washingtofl ~~ d~artment of agriculture and applied by licensed
personnel. This exemption ~\i.It~t 13l>iffiM the use of chemicals within watersheds
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http://www.leg . wa. gOY /W A C/indeX.c . ion= 197 -11-800&fuseaction=section
Page 6 of 8
4/14/2005
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James parker
From: Stacie Hoskins [shoskins@co,jefferson,wa,us]
Sent: Monday, April 25, 2005 9:21 AM
To: bill graham; James parker
Subject: FW: PUD waterline construction
-----Original Message-----
From: Jim Pearson
Sent: Monday, April 25, 20059:17 AM
To: Stacie Hoskins
Cc: Bruce Laurie
Subject: FW: PUD waterline construction
The WAC refers to "new rights-of-way", not easements, There are no new rights-of-way proposed on
Marrowstone Island, The PUD has a franchise to put its lines in County rights-of-way,
Jim
Note that WAC 197-11-845 (3) and (5) refer to actions by the State DSHs, not Jefferson County. It would be their
call whether any of this requires SEPA review,
-----Original Message-----
From: Stacie Hoskins
Sent: Monday, April 25, 2005 7:47 AM
To: 'Nancy Dorgan'
Cc: Jim Pearson; Terry Duff; Susan Porto
Subject: RE: PUD waterline construction
Hi Nancy,
Thank you for sharing your research. I'll talk to Public Works regarding the utility easements and
get back to you.
Regarding the airport wells, I see two cases for the airport:
USR04-00076, pending
USR04-00077, active
Susan Porto from Environmental Health may be able to answer any questions you have for that
project.
Talk to you later,
Stacie
-----Original Message-----
From: Nancy Dorgan [mailto:ndorgan@waypt.com]
Sent: Sunday, April 24, 2005 7:45 AM
To: Stacie Hoskins
Subject: Re: PUD waterline construction
LOG ITE~A
Stacie, # 2..Y
Page 3 _ ot.~
4/28/2005
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Checking the WAC's below (aod attached), I learned below that the 1,000+ SEP A req4..,eo/ applies onl1 tJ 1/
extensions in new rights of way. I don't know whether that is the case on Marrowstone gcoulafl'ttelLfr9!ll the b/w .'//
line drawing you left for me at DCD on Friday, so please make a note on the highlightetlc:opylreqHestedibn;ny--ue.w
utility easements be~g propose~. Never1?e~ess, WAC 197-11-845 requires SEPA review for Water Syste1llPla~... ....c.. '.". . .
amendments for "major" extensIOns of eXlstmg systems. The Marrowstone system was not part of the recent DOH~._____i.V'
approval of the PUD's WSP and will have to be an approved amendment. It is fair to say that the proposed --
Marrowstone extension is "major", thus requiring a both a WSP amendment and relevant SEPA analysis.
(3) The approval of engineering reports or plans and specifications under
WAC 248-54-085 and 248-54-095, for all surface water source development, all
water system storage facilities greater than one-half million gallons, new
transmission lines longer than one thousand feet located in new rights of way
and major extensions to existing water distribution systems.
(5) The approval of an application for any system of sewerage and/or water
general plan or amendments under RCW 36.94.100.
Would you also let me know whether the PUD has submitted a permit application yet for the treatment facility for the
proposed airport well(s)? I saw some PUDIPort correspondence that said it was pending. Giving the absence of DOE
approval of that well for either a transfer or new water right, it seemed a bit premature, but oh, well, ....
Thanks,
Nancy
----- Original Message -----
From: Stacie Hoskins
To: Nancy Dorgan
Sent: Friday, April 22, 2005 11: 13 AM
Subject: RE: PUD waterline construction
Hi Nancy,
I haven't seen the limit to the SEPA exemption of 1,000 feet. Would you mind directing me
to its' location?
My initial review was that if the water lines are proposed adjacent to the roadway above
Ordinary High Water Mark, then the project is exempt from SEPA per WAC 197-11-800(23)
(b) as follows:
(23) Utilities. The utility-related actions listed below shall be exempt, except for
installation, construction, or alteration on lands covered by water. The exemption
includes installation and construction, relocation when required by other
governmental bodies, repair, replacement, maintenance, operation or alteration that
does not change the action from an exempt class.
(b) All storm water, water and sewer facilities, lines, equipment, hookups or
appurtenances including, utilizing or related to lines eight inches or less in diameter.
4/28/2005
WAC 197-11-756 Lands covered by water. "Lands covered by water" means
lands underlying the water areas of the state below the ordinary high water mark,
including salt waters, tidal waters, estuarine waters, natural water courses, lakes,
ponds, artificially impounded waters, marshes, and swamps. Certain categorical
exemptions do not apply to lands covered by water, as specified in Part Nine. (Part
Nine lists the Catelc(!)@J f~ions-SLH)
p~ge~~ot ~ "
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Thank you for your time Nancy,
Stacie L. Hoskins
Associate Planner, DRD
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, W A 98368
Phone 360-379-4463
Fax 360-379-4451
shoskins@co.jefferson.wa.us
-----Original Message-----
From: Stacie Hoskins
Sent: Friday, April 22, 2005 8:46 AM
To: 'Nancy Dorgan'
Subject: RE: PUD waterline construction
I left it in the front pick up basket with your name on it.
Regards,
Stacie L. Hoskins
Associate Planner, DRD
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, W A 98368
Phone 360-379-4463
Fax 360-379-4451
shoskins@co.jefferson.wa.us
-----Original Message-----
From: Nancy Dorgan [mailto:ndorgan@waypt.com]
Sent: Friday, April 22, 2005 8:41 AM
To: Stacie Hoskins
Subject: PUD waterline construction
Hi Stacey,
Thanks for your phone message yesterday while I was out. Yes, I would appreciate getting a copy of
the PUD's draft proposal line-drawing submitted during their pre-app conference with you. That
should at least identify the proposed location and extend of construction, which is the information
I'm looking for. I am concerned that the PUD appears to be planning construction for more than
1,000 ft of pipe which exceeds the SEPA exemption criteria. Also, if the waterline is in fact for the
new Marrowstone system, DOH has not approved that system as part of the recently approved Water
System Plan. According to DOH, to build the Marrowstone system, the PUD will be required to
amend their WSP and do so under the SEP A process, but they are saying that is not necessary and
seem to be moving ahead with permits. With all the other Marrowstone issues, I guess this is going
to be another one.
4/28/2005
I'll swing by later toqay~d pick '!.E the copy out front if that is OK.
Thanks very much LuG ITeM
# ~Y.
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Chapter 197-11-845 WAC - ~ashington State Legislature
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TITLES >>WAC 197 TITLE >>WAC 197 -11 CHAPTER ~ Pril
:!J!7-11-84Q << 197-11-845 >>~ \IV
WAC 197-11-845 Department of social and health services. All actions under
programs administered by the department of social and health services as of
December 12,1975, are exempted, except the following:
(1) The adoption or amendment by the department of any regulations incorporating
general standards for issuance of licenses authorizing the possession, use and
transfer of radioactive source material under RCW 70,98,080, except that the
issuance, revocation or suspension of individual licenses thereto shall be exempt.
However, licenses to operate low level burial facilities or licenses to operate or expand
beyond design capacity, mineral processing facilities or their tailings areas whose
products or byproducts have concentrations of naturally occurring radioactive
materials in excess of exempt concentrations, as specified in WAC 402:20:25Q, shall
not be exempt.
(2) The approval of a comprehensive plan for public water supply systems
servicing one thousand or more units under WAC 246=54-Q65 ,
(3) The approval of engineering reports or plans and specifications under WAC
248-54-085 and 248-54-095, for all surface water source development, all water
system storage facilities greater than one-half million gallons, new transmission lines
longer than one thousand feet located in new rights of way and major extensions to
existing water distribution systems,
(4) The approval of an application for a certificate of need under RCW 70,36,t20
for construction of a new hospital or medical facility or for major additions to existing
service capacity of such institutions.
(5) The approval of an application for any system of sewerage and/or water
general plan or amendments under RCW36.94,lOO,
(6) The approval of any plans and specifications for new sewage treatment works
or major extensions to existing sewer treatment works submitted to the department
under WAC 248-92-040,
(7) The construction of any building, facility or other installation not exempt by
WAC 197:1J:800 for the purpose of housing department personnel, or fulfilling
statutorily directed or authorized functions (e,g., prisons),
(8) The approval of any final plans for construction of a nursing home pursuant to
WAC 248-14-100, construction of a private psychiatric hospital pursuant to WAC 248-
22-005 or construction of an alcoholism treatment center pursuant to WAC 248-22-
510.
[Statutory Authority: RC~.. 1C,110, 84-05-020 (Order DE 83-39), ~ 197-11-845, filed 2/10/84, effective
4/4/84,] LOG ITt:,IVI
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http://www.leg.wa.gov/W AC/index.cfm?section=197 -11-845&fuseaction=section
4/28/2005