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206-5298.
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GERALD STEEL PE
ATTORNEY -AT-LAW
2545 NE 95th STREET
SEATTLE,VVA 98115
TeVfax (206) 529-8373
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JUN2 0 2005
FAX TRANSMITTAL MEMO
DATE: June 20,2005
TOTAL PAGES (including cover sheet): 3
ORIGINALS WILL FOLLOW.
TO:
FAX NUMBER:
Stacie Hoskins
360.379.4451
FROM: Gerald Steel
CASE NAME:
Comments on Land Use Application MLA05-00276
COMMENTS:
LOG 'TEM
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06/20/2005 13:50
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GERALD STEEL, PE
ATTORNEY-AT-LAW
2545 NE 95"h STREET
SEATTLE, WA 98115
Tel/fax (206) 529-8373
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Faxed to 360.379.4451
June 20, 2005
Stacie Hoskins
Jefferson County Community Development
621 Sheridan Street
Port Townsend, W A 98368
RE: Land Use Application MLA05-00276
Involving pun #1 providing water service to Marrowstone Island
Dear Ms. Hoskins:
I make these comments on behalf of Ray Harker and Conserve Water First. I have done a
preliminary analysis ofthe SEP A status for PUD #1 providing water service to Marrowstone
Island. First, with regard to the instant permit applications, the June 8, 2003 published Notice
of Application states that the proposal is exempt from review under SEP A citing to WAC 197-
11-800(23)(b). While this subsection allows a categorical exception for water facilities with
pipelines 811 or less in diameter, WAC 197-11-800(23) does not allow this exemption when
there is "installation, construction, or alteration on lands covered by water." The term "lands
covered by water" is defined in WAC 197-11-756 to include lands underlying waters below
the ordinary high water mark. The ordinary high water mark is generally defined as:
"Ordinary high-water mark" means the mark on the shores
of all waters, which will be found by examining the beds and
banks and ascertaining where the presence and action ofwaters
are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from that of
the abutting upland, in respect to vegetation: Provided, That in
any area where the ordinary high-water mark cannot be found,
the ordinary high-water mark adjoining saltwater shall be the
line of mean high tide and the ordinary high-water mark
adjoining freshwater shall be the line of mean high-water.
WAC 222-16-010.
The proposed project intends to construct, install, and alter the lands covered by water in
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Therefore, under SEP A, the parts of the project that construct, install, or alter lands covered
by water in roadside ditches are not categorically exempt. The.fu11 project is composed of
such segments that are not categorically exempt along with other segments that may be found
categorically exempt. Under WAC 197-11-305(1)(b) a project cannot be found categorically
exempt when it includes segments that are not categorically exempt. Therefore, the Notice of
Application errs when it states that the proposal is exempt from review under SEP A. SEP A
rules are to be liberally construed to favor protection of the environment. See Eastlake Com.
Coun. v. Roanoke Assoc., 82 Wnold 475,490,513 Pold 36 (1973).
There is another reason that the project should not be categorically exempt. Pursuant to the
current adopted Coordinated Water System Plan maps approved by the County and by the
State Department of Health, Marrowstone Island is an unserved area not to be served by PUD
#1 or any other Class A water system provider. Before the Coordinated Water System Plan
maps can be updated by the County and by the State Department of Health to allow PUD # 1
to have authority to provide water service to Marrowstone Island, it will be necessary to do a
threshold determination. It would be appropriate to combine that threshold determination with
the one necessary for PUD # 1 to actually install water lines on Marrowstone Island.
The County should not issue any permits to PUD # 1 to provide water service to Marrowstone
Island tUltil the Coordinated Water System Plan has been updated and approved by the State
Department of Health with that approved plan giving PUD # 1 authority to serve Marrowstone
Island. Such an approval by the County and the State Department of Health requires a
threshold determination because of the cumulative and indirect impacts of providing public
water service to the Island. The provision of public water will have a growth-inducing effect
on the island that will adversely impact rural character and require other service upgrades. It
is probable that with public water, there will be increased loading of septic systems on the
Island which is likely to increase septic system failures. We believe that the provision of
public water service to Marrowstone Island will require a Determination of Significance and
the preparation of a supplemental EIS.
I request to receive notice of any hearings or of any further public comment opportunities and
to receive a copy of any decisions made by the COtUlty on the associated applications. Thank
you.
""OG ITEM
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Gerald S el, PE