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Home My WebLink AboutLog028 e e Enclosure 7 "Supporting Documentation" to Marrowstone Island Permit '.' LOG EEM._ ,t't ~ rr,~__- f I ~ ~j~::tr~r:" f _O-L--- ~ fC;t'~~ '~,fi _~..",;_"^.~ 03/25/2005 11:33 FAX 360 417 1408 e WSDOT PA MAINTENANCE 1iJ00l e ~ ~tI Washington State Department of Transportation Facsimile Transmittal ~ for Pickup I (360} 417-1408 eOMlllIONTS ::r~ - , d.. ~ f\J"f1q ~ I-..s r,AJ e- o/t) * c;! e>~ I'~.j 1-..,.,10/ ~ NOTICE: Some fax machines produce copies on thermal paper. The im.age produced is highly unstable and will deteriorate significantly in' a. few years. This record should be copied on a plain paper copier prior to filing as a record. DOT FQm1 "fCO.D5D I!I' R..i_ &184 I O'~',C'TErvl ..-, ,j # ---=~of~ 03/25/2005 11:34 FAX 360 417 1408 e WSDOT FA MAINTENANCE ~- .....i....~.i...::-...._.. ' ...1410..02... .......)... ,../'-:,. --~._-~.. ", " "~-.,"- I I I, i -----, ,; Attention Access Permit Applicant: Due to recent changes in: the e!l.v1rOD111entallaws, it is necessary for the Washington State Deparb.uemt ofTrallsportation (WSDOT)to require proof that the applicant for an Access Pen:ni.t has received thE: appropriate permits for the insta.ll.a1:ion of a culvert within WSDOT's rights of way. If the c'Luvert will be placed il) a. channelized stream running along WSDOT's right of way, the following agencies will need to be contacted: . Wnshington Department ,of Fish and Wildlife (WDFW) Permit required: Hydraulics proj ect Approval (HP A) Contact: ivVDFW Region 6 48 Dev~hire Road Montcsano~ W A 98563 (360) 249-4628 S-62- t~ ShuX ~ l\1- \j'e.{f ~u~ 96t\ C)r,:,-~'J...& \N'p.. qg~lk >bO 4ll-,' 5?6~ Ask to be put in conta.ct with the Local Area Habitat Biologist for the area you are in. ( lSe.1\~. - tklTJ I 'IV' QO_c5s (Y..s< =" i.., i\.. (. (; ,~I)..."f)J..." OJv... ".J:J 1.R!""~c.>lrJ cYJJy ., ~,' ,-t. o.fJ.,. · (.h.. C!.O IrvIoO' 'tI , ~ ,sA((PA App~~-= US .Army Corps of Engineers Seattle District Corps of Engineers Regulatory Brench, Ci:NWS-OD-RG ATTN: "person's name/file number, if applicable" Post Office Box: 3755 Seattle, Washington 98124-3755 (?..c6) (206) 764-3495 _ ~~ ~-<J~;/l _ . Washington State Department of Ecology Northwest Regional Office (for Kitsap County only) 3190 160tn Ave SE .3191 Belle:vue, W A 98008 42~-649-7000 \fe.$Slc'~ tJ~~ \ ~.' -~~".~:' ." Li \ ~,~- S$2f ~'."."..' ~,. N~ ov,~,~ . {~-' 8 'tv . _ ...- . 9-~ \. {{ J,,/\..;V, Southwest Regional Office (for Clallam, Grays Haroor{ Jefferson, Mason, F'ierce, and Thurston counties) PO Box 47775 Olympia,WA 98504 360-407-6300 . Local County Office - Permit Division Ifthe oulvert will be placed in a ditch where the water will eventual1y flow to a creek, stream, river, wetland, or salt water (refened to as Wat~.s ofrhe US) the following agency willl1eed to be contacted: c: ~.2- v #_L~TEM Pa~le~ '-~ .of 10 03/25/2005 11:35 FAX 360 417 1408 e WSDOT PA MAINTENANCE - e J I I Approximate Milt!o.~t: Access Permit Applicant's name and address: State Route: Agency Contact Infol'mation: e Washington Department ofFish and Wildlife Name and Phone Number of Person Contacted: Hydraulic Project Application (rIP A) Pemnt Required? . U.S. Army Corps of Engineers Name and Phone Number of Person Contacted: u.s..Army Corps of Engineers Permit required? If so, what type of permit? . Washington State Department of Ecology Name and Phone Number of Person Contacted: Washington State Depaliment of Ecology Permit required? If so, what type of permit? · Local County Office Name and Phone Number of Person Contacted: A:ny County permits requited? Ifso, whatt)pe of permit. III 004 If a permit is required, please provide a copy of the permit with your application for an Access Permit. LOG 'TE~Jl " ~i ff~iL-of-L; 03/25/2005 11:34 FAX 360 417 1408 e WSDOT PA MAINTENANCE e · US Army Corp of En~ineers See above for mailing address and phone llumbers. It is recommended tha.t you take pictures to submit to the Corps of Engineers to expedite their detemlination of whether Or Dot they have jurisdiction over the culvert placement Only the Corps of Engineers can make tbis decision. If a culvert or fill material 'Will be placed ill a. sWaD::I.py area (wetland), the following agency will need to be contacted: . US Army Corp of Engineers See a.bove for mailing address and phone numbers. . Washington State Depa:rtment of Ecology See above for mailing address and phone numbers. Attached is a form you will need to fill out prior to being issue the Access Permit. Also attached is S01116 information regarding the Corps of Engineers jurisdiction over ditches. Please wJ.derstand the reason this information is being requested is 10 insure that work done within the States right of way meets the legal requirements we are requlred to follow. i, {"r.G \.'rEM ~ JF"\,>-:":l.....;::;, c.- 0 ~ rt" a,,~~:;'.;,~p,._,~J.,,/---- 141003 e e i I The Corps of Engineer's Seattle District recently posted the follov4ing statement on their website as part of an agreement to settle a Notice of Intent to Sue from the National Wildlife Federation. All Corps of Engineers Districts in the Northwestern Division that are also within the jurisdiction of the Ninth Circuit Court of Appeals are subject to this agreement. This includes the Montana regulatory program within the Omaha District. Weview Headwaters, Inc. v. Talent Irrigation District, 243 F.3d 526 (9th Cir. 2001) as binding on the U.S. Army Corps of Engineers, Northwestern Division, in the geographic jurisdiction of the U,S, Court of Appeals for the Ninth Circuit. In that case, the court held that irrigation canals that receive water from natural streams and lakes, and divert water to streams and creeks, are connected as "tributaries" to those other waters, The Ninth Circuit further held that a "stream which contributes its flow to a larger stream or other body of water is a tributary. . . . As tributaries, the canals are 'waters of the United States,' and are subject to the CWA and its permit requirement." Headwaters, 243 F.3d at 533. Moreover, the court held that, "Even tributaries that flow intermittently are 'waters ofthe United States.'" Id, at 534. Corps of Engineers regulations at 33 C.F.R. ~ 328.3(a)(5) assert CWA jurisdiction over all tributaries to other jurisdictional waters of the United States. In factual situations where the Headwaters precedent applies, it would supercede any contrary conclusion that might be drawn from previous Corps of Engineers policy statements regarding ditches, Questions regarding implementation of the Talent decision in Montana may be directed to the Helena Regulatory Office at (406) 441-1375. fTE.M :~ 6,. H.'/). 3 e DI-D. p,.J9.1J], Pow. dMIA " e STATE OF WASHINGTON County of Jefferson In the matter of a Establishing a Policy Regarding Public Water Supply for Marrowstone Island RESOLUTION NO. 13-03 WHEREAS, the Board of County Commissioners for Jefferson County, Washington (the BOCC), in their role as the legislatUre for Jefferson County makes the following fmdings. WHEREAS, Jefferson County's Unified Development Code was adopted in December 2000; and WHEREAS, the Shine Community Action Council and Olympic Environmental Council appealed the UDC on grounds that it did not provide sufficient protection from seawater intrusion; and WHEREAS, theW estern Washington Growth Management Hearings Board upheld the appeal by Shine Community Action Council and Olympic Environmental Council, and ordered Jefferson County to designate seawater intrusion areas and adopt protection standards to prevent aquifer degradation by seawater intrusion; and WHEREAS, Jefferson County amended the UDC and adopted the Coastal Seawater Intrusion Policy to comply with the Hearings Board ruling; and WHEREAS, in December, 2002, the Western Washington Growth Management Hearings Board ruled that the amended UDC and Coastal Seawater Intrusion Policy was not sufficient in protecting aquifers; and WHEREAS in the order, the W estern Washington Growth Management Hearings Board identified Marrowstonelsland as-an area needing additional protections for groundwater quality; and WHEREi1.S, regardipg Marrowstone Island, the Western Washington Growth Management Hearings Board order requires Jefferson County within 90 days to adopt more stringent protection standards or a development moratorium using groundwater; and "'TEi\! I, IV! -~-,~- .2( , _""1-of.b-. It e Resolution No. 13-03 re: Establishing a Policy regarding a Public WorkiSupply for Marrowstone Island I WHEREAS, the Jefferson Comprehensive Plan includes Goal El'!JG 3.0 states, . ..Ensure a sustainable and safe water supply as a critical necessity for residential, economic, and environmental needs;" and WHEREAS, the Jefferson Comprehensive Plan policy ENP 13.5 states, '"Encourage the use of community water systems to serve new shoreline development" which also applies to islands like Marrowstone Island; and WHEREAS, Action Item 8. in the Environment Chapter ofthe Jefferson Comprehensive Plan states that Jefferson County shall, "Work with purveyors to promote the use of unaffected upland water sources and other alternative supplies, where appropriate, to supply new and existing development in affected areas; and WHEREAS, the Jefferson Comprehensive Plan policy ENP 3.3 states, "Preserve and protect both existing and future water supplies, and encourage activities which utilize alternative water sources that are compatible with environmental protection, in accordance with state and federal laws regulating alternative water uses;" and WHEREAS, the Jefferson Comprehensive Plan Utility Policy UTP 5.1 states. '"The creation and the extension of public water supply systems outside Urban Growth Areas shall be consistent with the rural densities specific in the Land Use Element, and shall be fmanced entirely by the benefited properties and not the general rate payer;" and WHEREAS, the Jefferson Comprehensive Plan Utility Policy UTP 5.6 states, ..Routinely review the Critical Areas Ordinance and current data to identify and improve processes that will reduce the risk of salt water intrusion;" and WHEREAS, the Jefferson Comprehensive Plan Utility Policy UTP 5.8 states, "Work with purveyors to promote the use of unaffected upland water sources and other alternative supplies, where appropriate, to supply new and existing development in affected areas;" and WHEREAS, the State Department of Ecology interprets existing water law to indicate that use of a rainwater catchments system to provide drinking water for a residence requires a surface water right for appropriation of that water; and WHEREAS, currently applications for surface water rights generally take more than 10 years before they are processed., and therefore dependence on rainwater collection systems is not a viable solution for development; and Page 2 e e Resolution No. 13-03 re: Establishing a Policy regarding a Public Work $upply for - ;', ..... Marrowstone Island WHEREAS, other possible alternative water supplies include desalination and trucking water, both of which are energy intensive and expensive, and thus conflict with other environmental objectives; and WHEREAS, the Jefferson County PUD #1 has been petitioned to form a Local Utility District providing public water supply to Marrowstone Island; and WHEREAS, the Jefferson County PUD #1 sent out an initial survey to get feedback on a proposed public water system; and WHEREAS, based on the survey, the Jefferson County PUD will be following the requirements ofRCW 35.44.090 and RCW 54.16.140; and WHEREAS, with the development of a public water supply system to deliver water to Marrowstone Island the County will meet the requirement of the hearings board order by protecting aquifer quality from further degradation by seawater intrusion through the development impacts regulated by Jefferson County under the Growth Management Act. THEREFORE, BE IT RESOLVED by the Board of Jefferson County Commissioners that Jefferson County: I. Supports the formation of a rural public water supply system consistent with the rural densities as identified in UTP 5.1 for Marrowstone Island as the long-term solution for water quality degradation caused by seawater intrusion on Marrowstone Island. 2. Shall require all new development requiring potable water on Marrowstone Island permitted by Jefferson County to use the public water supply source. 3, States that actions undertaken by it in cooperation with the Public Utility District No.1 of Jefferson County from this point should reflect that long-term goal for providing public water to Marrowstone Island. 4. Recognizes that any action by the County or other agencies that could prevent, limit or restrict the development of public water on Marrowstone Island shall be and is in conflict with this resolution. 5, In order that public health and environmental quality are protected, urges the cooperation of local and state agencies so that the public water supply should be approved within approximately 18-24 months from the date of this resolution. ."T. E~.~ J.,. v. '2-[_ _ ~..- .................'"......... f u "......,.. _.O~ Page 3 e e "- ...- ----,.~ Resolution No. 13-03 re: Establishing a Policy regarding a Public Work SUpp'y Marrowstone Island i 6. Acknowledges that failing to meet the objective of providing public 'fatertq Marrowstone Island within a reasonable timeframe could subject Jefferson' County to further review by and or be in conflict with the two Orders from the Western Washington Growth Management Hearings Board. 7. Acknowledges that although compliance with the Hearings Board orders may represent an unfunded mandate, Jefferson County intends to comply to the best of the County's ability. ~_.... . SEAL: " . , r 0 " \. ., . \ of .. ~ 1,~. 'J " ., ~ ... """:, t" \ , .' " , ~ l' .J.'- 04 . .' , f ~ .\~ . f : P . .,,' , ,I' /> " : ", '\ I / : ~ I . . I ' ;. : ,g. ~ to .-. ,.-I ' ATTEST . I' '.._ &~ ;;:h~aMhJ Lorna L. Delaney, c'~---- - - . d- . Clerk of the Board APPROVED AS TO FORM 2) ) '& )0 3 ~~~~e}~&~~?J rrEM iX. - ..~.,~- f l "'^."...".-~ '0 0 ...LS?~- ~ JEFFERSON COUNTY BOARD OF COMMISSIONER A5L~ Dan Titterness, Ch . ~gting or , Wendi H. Wrinkle, Member Page 4