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Home My WebLink AboutLog181 Allison Willing 10 Beach Drive Nordland, W A 98358 360.385.3077 December 21, 2005 D. Johnson, Project Planner, Development Review Division Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 D. Johnson, Project Planner, Re: Jefferson County Public Utility District #1 and the Marrowstone Island water system Limited Utility District #14 I am opposed to the Marrowstone Island water system project Type III Land Use Application MLA05-00276. I am requesting you to withdraw your support or deny approval of this project based on the following information. According to the Shorelines Management Master Program for Jefferson County "utilities shall be designed and installed to meet future needs when possible" (Ward). See page 2-log item26. CONDITIONAL USE PERMIT The PUD is seeking a Conditional Use Permit for this water system project. The Board of County Commissioners has assumed the lead agency role and determined that this project is exempt from SEPA review under WAC 197-11-800(23)(b). However, project plans include water lines placed in roadside ditches and wetlands which are not categorically exempt under WAC 197-11-800(23) (preamble), WAC 197-11-756, and WAC 222-16-010. This in turn triggers WAC 197-11-305(1)(b)(i) a project cannot be found categorically exempt when it includes segments that are not categorically exempt. In addition, WAC 197-11-305(1)(b)(ii) needs to be considered as "...a probable significant adverse environmental impact..." since pipe lines buried 50" deep in permeable soils could lead to aquifer degradation and well head interference. This project will have a significant impact on environmental quality. This would trigger a review of WAC 197-11-794(2) significance involves context and intensity and does not lend itself to a formula or quantifiable test. The severity of an impact should be weighted along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe if it occurred. Marrowstone Island has been designated as a critical area needing protection by federal, state, and local governments. # Page LOG \TEM t ~ \ ... ( Of_~ According to the Shoreline Management Master Program for utilities Section 5.200(performance standards)(9) both during and after installation, utilities shall assure that geohydraulic shore processes and marine life are basically maintained in their natural condition. In a number of areas, the pipelines will be installed in close proximity to shorelines and wetlands. Water Supply Bulletin #59 maintains that particular care should be taken to protect advance outwash recharge areas. This same care is extended to recharge areas consisting of till that covers 80% of the island and from wetlands (Sinclair), all of which are involved in the geohydraulic process. Log item 26 at the Department of Community Development titled Enclosure #5 Conditional Use Permit for Marrowstone Island, on page 8 item #9 states "It will make potable water available to all residents.. . and will reduce seawater intrusion." As to potable water available to all residents: The Department of Health states the Quimper Water System is approved for 2200 equivalent residential units. On a Water Facilities Inventory Form the Quimper system is approved for 2626 connections. Listed on this form are 20~8 full time single family residences and I non-residential connection for a total of2029. The Quimper system provides water to the Tri-Area which contains many businesses and a school which do not appear to be accounted for on the inventory form. The discrepancies between the numbers from Dept. of Health and from the Quimper System are alarming! Is there really enough water for the island or is the system close to or at capacity? As to reducing seawater intrusion: There is no proof a public water system will reduce seawater intrusion. Mainly, because there are no provisions or obligations in this plan to decommission wells when well owners connect to the public water system. Owners can use both public water and their private wells. CONCLUSION: Conditional Use Permits can only be granted when all necessary requirements have been met. Water rights are yet to be determined, and well protection should be mandated. Also, given the special protection of the aquifer on Marrowstone Island this project should mandate immediate decommission of an owner's private well upon completion of a public water hookup. To not include such a mandate will further degrade our sole source aquifer in direct contradiction to the water system plan. CRITICAL AQUIFER RECHARGE AREA The aquifer which provides 98% of residents with drinking water (Sinclair) has been granted special protection through various agencies and law(s). Recharge and water use findings for Marrowstone Island state that protection needs to be accorded to advance outwash recharge areas, till covering most of the island, and wetland areas (Sinclair). This document also finds that "it is important to preserve as much land area as possible for (aquifer) recharge sites." # Page LOG tTEM ( 9 l 1-. of_~. 2 \;~ . r. [.;;) In 1994 the U.S. Environmental Protection Agency designated Marrowstone Island a "sole source aquifer." According to RCW 90.54.140 "... the protection of ground water aquifers which are the sole source for a given jurisdiction shall be of utmost priority.. .." It also states that ".. . other practices which may impact such water quality, the DOE, DOH, DSHS, and local agencies shall explore all possible measures for protection of the aquifer...." On July 23, 2002 the Board of (Jefferson) County Commissioners passed the Coastal Seawater Intrusion Policy. This policy classifies Marrowstone Island "as a coastal SIPZ, a subcategory of a Critical Aquifer Recharge Area (BOCC)." Water quality and quantity degradation can occur because these areas "are naturally susceptible due to the existence of permeable soils (JUDC)." Additionally, the UDC under 18. 15.240(1)(h)(i)G)(k)&(3)(a) the sole source aquifer is a "special aquifer recharge protection area." Therefore land uses must be carefully considered. This project will lead to well interference problems, well head problems, and impairment of senior water rights held by island property owners choosing to remain on their privately owned wells. As a result, UDC Section 18.15.255(10) Protection Standards should be implemented so that "...the subject land or water use action will not pose a risk of significant adverse groundwater quality impact(s)." The Antidegradation Policy WAC 173-200-030(2)(a) reads "Existing andfuture beneficial uses shall be maintained and protected and degradation of groundwater quality that would interfere with or become injurious to beneficial uses shall not be allowed." CONCLUSION: Marrowstone Island's "advance outwash aquifer consists of hundreds of interconnected layers and lenses of unconsolidated, water-bearing sands and gravels and aquitards of silt and clay. Of the various aquifers on the island, the advance outwash is the best producer of ground water" (Sinclair). The above RCW's and WAC's are designed to protect our sole source aquifer and should not be superceded by construction of a water system which will damage soils necessary to the aquifer. WATER RIGHTS: MARROWS TONE ISLAND On August 1, 2002 while I was in the Public Utility District Office, Jim Parker, General Manager made an at large announcement to his coworkers that the Department of Ecology would not allow the PUD to use the Tri-Area (known currently as the Quimper) water system to supply water to Marrowstone Island. In addition, another source of water would have to be found for Marrowstone Island. In a letter dated February 18,2005 the Office of Drinking water approved ODW Project #04-0130, Jefferson County Water System Plan. It is important to note that "ODW's approval for this plan is subject to subsequent determinations by Ecology concerning water rights and provides no guarantee of water rights or legal use of water" (DOH). LOG ITEM 0.. ( ", 3 at # Page I was informed by the Dept. of Ecology, on November 23,2005, that the PUD does not currently hold a water right for Marrowstone Island. It is noted that the PUD has filed a change/transfer of water rights from the Sparling well-field to the Four Comers (#1 & 2). However, current permits from Dept. of Health for the Four Comers well are for drilling and testing only, so these wells are not available for use on Marrowstone Island at this time. While SESSHB-1338 known as the Municipalities Water Act allows for easier transfer of water rights it specifically states under Section 8(2) the municipal water supplier has sufficient water rights to provide the service. This is yet to be determined by the Department of Ecology. Under both RCW 90.03.380(1) and RCW 90.44.100(3)(c) neither an increase in annual consumptive quantity or nor an increase in water right is part of the change/transfer water rights process. Additionally, a 2004 Department of Ecology report also maintains that water rights cannot be changed regarding instantaneous withdrawal rate or annual quantity. This same report states "new conditions aimed at ensuring the water right does not cause any additional impacts can be put in place as a condition of change" (Ecology). OTHER ISSUES The Marrowstone Island water system plan does not describe the water systems physical capacity according to WAC 246-290-222(1)&(2)(a)(b). The Marrowstone Island water system is not an extension or an improvement to the Quimper water system. The PUD owns neither Indian Island nor Fort Flagler water systems. These two independent systems exist between the Quimper and the proposed Marrowstone system. An extension or improvement implies continuity. Construction for a water distribution system through water-bearing strata could destroy the ability of soils to transfer water into the aquifer(s). The end result of this would be devastating for property owners who have no desire to hook up to a public water system and who will continue to use their wells. Sincerely, ... ~ ~/ Allison Willing cc: Denise Lahmann, Regional Manager, W A State Dept. of Health Karen Klocke, Regional Planner, W A State Dept. of Health Jeff Davis, W A State Dept. ofFish and Wildlife Jeffree Stewart, W A State Dept. of Ecology Jessie Winkler, US Army Corp of Engineers Dale Severson, W A State Dept. of Transportation # Page LOG ITEM 'it L-f_ot~ 4 REFERENCES: Ward, Craig, Shoreline Management Master Program for Jefferson County, Washington, 1993, Section 5.200 Utilities, Performance Standards, p. 69 ~ Sinclair, Kirk and others, Geology, Water Resources, and Seawater Intrusion Assessment of Marrowstone Island, Jefferson County, Washington, Department of Ecology Water Supply Bulletin #59, 1994, p. 40 Ibid, Support Document, p. 9 Sinclair, Kirk and others, Geology, Water Resources, and Seawater Intrusion Assessment of Marrowstone Island, Jefferson County, Washington, Department of Ecology Water Supply Bulletin #59, 1994, p. 40 Board of County Commissioners, Coastal Seawater Intrusion Policy, www.co.iefferson.wa.us. 2002 p.1 Jefferson County Unified Development Code, www.co.iefferson.wa.us. Section 18.15.240 Classification. Sinclair, Kirk and others, Geology, Water Resources, and Seawater Intrusion Assessment of Marrowstone Island, Jefferson County, Washington, Department of Ecology Water Supply Bulletin #59, 1994, p. 24 DOH, refers to a Department of Health letter from Karen Klocke, Regional Planner to Jefferson County PUD General Manager Jim Parker Ecology refers to Changing or Transferring an Existing Water Right, A Department of Ecology Report, www.ecy.wa.gov/pubs/981802wr.pdf, 2004, p.1 All RCW's and WAC's quoted can be found online at www.1eg.wa.gov # Page. LOG ITEWI L(f tJ.ot~ 5 REFERENCES: Ward, Craig, Shoreline Management Master Program for Jefferson County. Washington, 1993, Section 5.200 Utilities, Performance Standards, p. 69 Sinclair, Kirk and others, Geology. Water Resources. and Seawater Intrusion Assessment of Marrowstone Island. Jefferson County. Washington, Department of Ecology Water Supply Bulletin #59, 1994, p. 40 Ibid, Support Document, p. 9 Sinclair, Kirk and others, Geology. Water Resources. and Seawater Intrusion Assessment of Marrowstone Island. Jefferson County. Washington, Department of Ecology Water Supply Bulletin #59, 1994, p. 40 Board of County Commissioners, Coastal Seawater Intrusion Policy, www.co.iefferson.wa.us. 2002 p.l Jefferson County Unified Development Code, www.co.iefferson.wa.us. Section 18.15.240 Classification. Sinclair, Kirk and others, Geology. Water Resources. and Seawater Intrusion Assessment of Marrowstone Island. Jefferson County. Washington, Department of Ecology Water Supply Bulletin #59, 1994, p. 24 DOH, refers to a Department of Health letter from Karen Klocke, Regional Planner to Jefferson County PUD General Manager Jim Parker Ecology refers to Changing or Transferring an Existing Water Right, A Department of Ecology Report, www.ecy.wa.gov/pubs/981802wr.pdf, 2004, p.1 All RCW's and WAC's quoted can be found online at www.leg.wa.gov LOG ITEWI # (9 ( Page . ~ lo at ,-. 5