HomeMy WebLinkAboutLog205
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street
Port Townsend, WA 98368
AI Scalf, Director
STAFF REPORT
TO
JEFFERSON COUNTY HEARING EXAMINER
RE:
Shoreline Substantial Development )
Permit for a Conditional Use Permit )
)
MLA05-00276, SDP05-00014 )
PROPOSED FINDINGS
CONCLUSIONS, AND
RECOMMENDATIONS
File No:
Applicant: Public Utility District #1 (PUD#l) of Jefferson County
Jim Parker, Manager
P.O. Box 929
Port Hadlock, W A 98339
Project Planner: David Wayne Johnson
Assistant Planner, Development Review Division
Department of Community Development
Jefferson County
SUMMARY OF APPLICATION AND RECOMMENDATION:
Date of application: The application was received on May 3,2005 and was determined
to be complete on May 31,2005.
Open Record Hearing: April 18, 2006 - Board of County Commissioner's Chambers _
Application: The proposal is for the construction of a water utility system on
Marrowstone Island. This proposal includes installation of 8, 6, 4 and 2-inch water lines,
with accoutrements, in and along the existing County and State road ditches throughout
Marrowstone Island. This water system is being installed in order to supply residences
of the Island with potable water since many of the wells on the Island are contaminated
with high chloride levels due to seawater intrusion. The project will be conducted in two
phases with Phase I covering the installation of the water main, and Phase II covering
the installation of smaller water lines to individual residences. The project will
commence once the necessary permits are obtained.
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Staff Recomme,ndation: Approval with Conditions.
Building Permits/ Inspections
Development Review Division
Long Range Planning
FAX: (360) 379-4451
(360) 379-4450
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Staff Comment: The Unified Development Code of Jefferson County identifies water
pipelines as minor utilities requiring a Zoning Conditional Use Permit which is subject to
a Type II process. As listed in the Jefferson County Shoreline Management Master
Program, proposed utilities within shoreline jurisdiction (within 200 feet of the ordinary
high water mark OHWM) require a Shoreline Substantial Development Permit for a
Conditional Use Permit which is subject to a Type III process involving noticing and a
public hearing. This staff report and hearing will address the Shoreline Permit only.
The proposal is exempt from review under the State Environmental Policy Act pursuant
to WAC 197 -11-800(23)(b). The project will require approval from Jefferson County
Public Works Department, Washington State Departments of Transportation and the
Washington State Department Fish & Wildlife (Phase II).
BACKGROUND INFORMATION:
Applicant/Representative: PUD #1 of Jefferson County
Landowner: Washington State Department of Transportation & Jefferson County
Legal Description and Location: Sections 4,5,8,9 & 16, in Township 29N, Range 01
East, WM and Sections 17, 18, 19,20, 21,28,29,32 & 33 in Township 30N, Range 01
East, WM, Located on Marrowstone Island, Nordland, W A 98358
Site Conditions: Marrowstone Island is located southeast of Port Townsend,
Washington. A long and narrow piece of land approximately seven miles long running
north to south, and approximately one mile wide running east to west, the island is
characterized by it's rural residential setting and shorelines. The town of Nordland is
situated on Mystery Bay on the western side at approximately the center of the island.
Mystery Bay is connected to Kilisut Harbor which separates Marrowstone from Indian
Island. On the northern end of the island is Fort Flagler State Park; once an active
military installation with its bunkers, campgrounds and beaches. The southern part of
the island is connected by a causeway to Indian Island (an active naval installation) just
to the west. State Highway SR116 connects Marrowstone Island with Indian Island and
the Quimper Peninsula.
Shoreline Designation: Pursuant to the SMMP, the site is designated "Conservancy."
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan
designates the subject properties as Rural Residential 1 dwelling per 5, 10 and 20 acres
(RR1 :5, RR1 :10, RR1 :20) with a Parks and Recreation designation for Fort Flagler at
the northern end of the Island. The utility water lines will be installed within publicly
owned rights-of-way.
Site Visits: A site visit was conducted by Jefferson County Department of Community
Development (DCD) staff (David Wayne Johnson) on January 19, 2006 and April 6,
2006.
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Notice of Application: The Notice of Application was first published in the Port
Townsend/Jefferson County Leader on June 8, 2005 and again on November 23, 2005
for the required thirty day comment period. The proposal is categorically exempt from
SEPA per 197-11-800(23)(b). Agencies and adjacent property owners were sent notice
of the proposal on November 22, 2005. The comment period for the application expired
on December 23, 2005. The project received written comment from six agencies and
verbal comment from one agency. Approximately forty-five written comments were
received from citizens.
AQencv Comment
Randi Thurston with the Department of Fish & Wildlife (WDF&W) submitted an email
stating that the proposal would require a Hydraulic Project Approval (HPA) for work
under, in or over waters of the State (Log item 167).
Ross Goodwin with the Department of Natural Resources commented via email on the
existence of a Type 5 stream along the proposed water line installation route near
Mystery Bay State Park (Log item 164). The HPA from the WDF&W would address this
stream, which is not within shoreline jurisdiction where it comes in contact with the
water line installation and will be reviewed under ZON05-00027.
Jim Pearson with the Jefferson County Department of Public Works submitted a letter
stating that the applicant would need to receive a permit from Public Works to place
water lines in the County rights-of-way and revise their Construction Stormwater
Pollution Prevention Plan to comply with the Stormwater Management Manual for
Western Washington (Log items 171 & 204).
Kyle McKeon with the Washington State Department of Transportation submitted a
letter listing requirements necessary for their approval and franchise amendment (log
item 183).
Linda Atkins of the Jefferson County commented that a condition needed to be placed
on the permit approval regarding the placement of water lines in relation to sewage
system components (log item 193).
Tom Aumock with the Port Townsend Fire Department, acting as consulting Fire
Marshall to Jefferson County, submitted a letter (log item 192) stating that the proposal
appeared to be sized for system capacity to meet minimum fire flows, and outlined
general design guidelines for hydrants, fire flow and new development standards.
Staff Comment: It shall be the responsibility of the applicant to contact and receive
written approval from the appropriate agencies before final DCD zoning approval allows
construction activities to commence.
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One verbal comment was received from Coco Cronin with the US Army Corp of
Engineers regarding verifying with the US Coast Guard whether they or the Army Corp
had jurisdiction over the Causeway between Indian Island and Marrowstone Island.
Staff Comment: Paul Anderson with Parametrix has determined through consultation
with the US Army Corp that the Causeway will require a Section 10 Army Corp permit.
Since this comment the applicant has chosen to remove the Causeway crossing from
the project.
Public Comment:
Due to the volume of public comment and the multiple issues raised, staff condensed
these comments into a summary that included several areas of concern or themes,
those being the Aquifer; Wetlands, Soils and Shorelines; and Water Rights and
Capacity (log item 185). This summary incorporated specific statements or questions
about the project into more general terms in order to allow the applicant to more easily
respond to the comments and demonstrate citizens understanding of the categories of
impacts. Staff sought to categorize the areas of concern so that the applicant would
respond to each area of concern. The applicant did respond to these condensed
comments in log item 188.
Many comments expressed concern that a public water system on Marrowstone Island
would be potentially harmful to the environment, the source watershed, future quality of
life and was going forward without proper State approval or sufficient scientific
evaluation. Other comments revolved around solving a serious public health problem
and fulfilling a citizen need to have potable water delivered to individual properties.
Notice of Public Hearing: A Public Hearing before the Hearing Examiner is scheduled
for April 18, 2006 at 1 p.m. in the Board of County Commissioner's Chambers in the
basement of the Jefferson County Courthouse. The Notice of Public Hearing was
published in the Port Townsend/Jefferson County Leader on April 5, 2006. Agencies
and adjacent property owners were sent notice of the public hearing on April 4, 2006.
The property was posted on April 4, 2006. Comments were received regarding the
notice of public hearing that dealt with where the hearing fit into the entire water system
process, and if attendance was mandatory.
ENVIRONMENTALLY SENSITIVE AREA REVIEW: This proposal received
consistency review pursuant to the Jefferson County Unified Development Code,
including consideration of environmentally sensitive areas (UDC 3.6.4 et seq -JCC
18.15.185 thru 400.).
JEFFERSON COUNTY DEVELOPMENT APPROVALS AND PERMITS REQUIRED:
· Shoreline Substantial Development Permit (SDP) & Conditional Use Permit
· Administrative Conditional Use Zoning permit for a minor utility (ZON)
· Public Works Permit
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WASHINGTON STATE AND FEDERAL AGENCY APPROVALS AND PERMITS
REQUIRED:
. HPA from WDF&W (Phase II - not required for Shoreline permitting)
· Franchise Amendment issued from the Washington State Department of
Transportation
APPLICABLE JEFFERSON COUNTY ORDINANCES:
· Shoreline Management Master Program for Jefferson County, adopted March 7,
1989
· Jefferson County Comprehensive Plan, adopted August 28, 1998
· Unified Development Code for Jefferson County, Washington; effective January 16,
2001
PROPOSED FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS:
The following section constitutes staff's findings and conclusions regarding the
applicant's consistency with the Jefferson County Comprehensive Plan, the Unified
Development Code, and the Jefferson County Shoreline Management Master Program.
Following these findings and conclusions are a series of conditions recommended for
consideration by the Hearing Examiner. Any of the findings, conclusions and
recommendations may be adopted, rejected, or modified by the Hearing Examiner
based on testimony or evidence presented during the course of review.
STAFF FINDINGS AND CONCLUSIONS:
1. The proposal is for the construction of an Island-wide water utility system. This
proposal includes underground installation of 8, 6, 4 and 2-inch public water
lines, with accoutrements, in and along the road ditches throughout Marrowstone
Island. The focus of this report shall be upon those areas of the utility water line
installation that come within two hundred (200) feet of the shoreline (OHWM) and
are therefore within shoreline jurisdiction. There are nine areas that have been
identified as being within shoreline jurisdiction (log item 196). Although the
source map used to determine the OHWM was produced be the County, and
since that mark may change somewhat over time, the staff and applicant agreed
to increase the 200 foot zone to 250 feet to account for any margin of error in
relation to the mapped OHWM. The following areas are within the 250 foot zone.
1. The first shoreline area is approximately a quarter mile north of the
Causeway on SR 116. This portion of the SR116 rises up onto a high
bluff and borders Scow Bay to the west (log item 196 & 117, page 24).
2. The second area is on Mystery Bay just north of Nordland, at the
intersection of SR 116 and Beach Rd (log item 196 &117, page 23).
3. The third shoreline area is approximately one half mile north of area #2..PIl
SR116 (log item 196 &117, page 25). LOG ITt:.M
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4. The forth area is at the end of Madrona Rd north of area #3(Log Item
196).
5. The fifth area is at the end of Mumby Rd just north of area #4 (Log Item
196)
6. The sixth area is along Fort Gate Rd north of area #5. (Log Item 196).
7. The seventh area is on the east side of the island at the intersection of
East Beach Rd and East Marrowstone Rd (Log Item 196).
8. The eighth area is on Jansen Rd south of area #7 (Log Item 196).
9. The ninth area is at the southern end of the island south of the intersection
of Robbins Rd and Beach Drive (Log Item 196)
With the exception of several hundred feet of area #1 along Scow Bay, there is
existing development between the shoreline and the road rights-of-way. In each
of the shoreline areas utility water line installation shall be on the landward side
of the roadway and within the right-of-way. This is significant for two reasons.
The roadway will act as a barrier between the shoreline and the water lines, and
the installation of those lines within the existing right-of-way will not have a
significant impact on soils that have already been disturbed by the construction
and maintenance of the roadway.
2. The proposed development is subject to the Unified Development Code (UDC)
for Jefferson County, Washington. Provisions for the protection of
environmentally sensitive areas are found in UDC 3.6.4 (JCC 18.15.185) et seq.
The main concerns regarding this proposal are:
1) Wetlands associated with the shoreline (UDC 3.6.9 - JCC 18.15.325)
2) High landslide hazards on the shoreline bluff at the western edge of area
#1 and a slight landslide hazard area within area #6 (UDC 3.6.7 - JCC
18.15.270)
3) Potential impacts to eagle habitat (UDC 3.6.8 - JCC 18.15.285)
4) Special Aquifer Recharge Protection Area (SARPA) (UDC 3.6.5 - JCC
18.15.240) .
Staff Comment:
1) There is one estuarine wetland along the shoreline at Fort Gate Road that
is within shoreline jurisdiction. Although delineated as OHWM and not a
wetland, it would be considered a category I wetland with a 150l~G ITEM
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buffer. The Marrowstone Island Water System Phase 1 Wetland
Delineation Report prepared by Parametrix dated November 2005 (Log
item 117), Sections 4.1 & 4.2, page 4-1, Wetland and Wetland Buffer
Impacts & Shoreline and Shoreline Jurisdiction Impacts outlines
installation activities in these areas. According to the report.. ."water main
installation will not include direct impacts (Le., clearing, filling, or
excavation) to any of the regulated wetlands in the Phase 1 project
area... .Wetland buffer impacts from the Phase 1 main installation will be
limited to those areas that are currently regularly maintained (mowed) by
County road crews;" in other words, only within County and State rights-of-
way. Installation of the water line along Fort Gate Road will be on the
landward side of the road within the maintained right-of-way and will not
impact the wetland or wetland buffer.
2) Two small sections of SR116 that pass through area #1 are near to or
within a mapped high landslide and unstable shoreline slope areas. The
site visit confirmed minor erosion of the bluff close to the roadway in this
area. There also is a slight landslide hazard area mapped in area #6
along Fort Gate Road. A site visit confirmed no apparent erosion or
landslide activity. Because the water line installation will be on the
landward side of the roadway, away from the bluff and the area of erosion,
adverse impacts to the bluff from the installation are not anticipated. In
fact, the roadway will protect the water line since any erosion of the bluff
that causes damage to the road will necessitate bluff stabilization and road
repair before it can ever affect the water line.
3) Eagle habitat areas are mapped along the shoreline areas of Marrowstone
Island. No comment was received from the Washington Department of
Fish & Wildlife (WDFW) Eagle Biologist. Parametrix's Impact Assessment
(Log Item 197) identified three bald eagle nests within approximately 800
feet of the proposed water system alignment. Because the water lines will
be installed within existing rights-of way, no trees will be cleared.
Construction will be timed to avoid disturbance within 800 feet of known
nests. The WDFW area biologist will be consulted prior to construction;
therefore, no eagle habitat will be disturbed.
4) Special Aquifer Recharge Protection Areas (SARPA) include areas
designated as Sole Source Aquifers by the Environmental Protection
Agency (EPA). In August of 1991, the EPA received a petition from
Marrowstone Island residents requesting the Island be designated a Sole
Source Aquifer. The EPA determined there were elevated chloride levels
in some well water due to saltwater intrusion and that contamination of the
aquifer would "create a significant hazard to public health," granting
Marrowstone Island Sole Source Aquifer status in 1994. The intrusion of
seawater is a result of over pumping of the aquifer in proximity to marine
shorelines. These areas are called Seawater Intrusion Protection Zones
or SIPZ, and along with the SARPA require additional protecti'LOG ITEM
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standards for development and well drilling. Currently there is a
moratorium on land subdivision on Marrowstone Island established by the
Board of County Commissioners. The proposed water line installation is
an allowed land use activity within a SARPA. Pollution control measures
shall be installed and maintained to control Stormwater runoff and
infiltration of pollutants into the soil. There has been citizen comment to
the affect that the water line installation would somehow disrupt and/or
block the hydraulic flow of water back into the aquifer. Since the proposed
installation will be within existing ditch lines that are well established and
compacted, surface and subsurface drainages will not be appreciably
disturbed. Although the installation of a public water system on
Marrowstone Island will not solve the problem of seawater contamination
of well water, it will provide those residences that have contaminated
wells, with potable water.
3. Pursuant to UDC 6.7 (JCC 18.30.070) Stormwater Management Standards, a
Construction Stormwater Pollution Prevention Plan is required and has been
reviewed and approved the Jefferson County Public Works Department.
4. The proposed water line installation is subject to the goals and policies of the
Jefferson County Comprehensive Plan. The following Plan goals and policies
apply to the proposal:
5. The Jefferson County Comprehensive Plan, 1998, Environment Element Goal
3.0 (p. 8-22) states:
Ensure a sustainable and safe water supply as a critical necessity for
residential, economic and environmental needs.
Staff Comment: The proposed utility installation meets this goal by providing a
much needed reliable and safe source of water to the residents of Marrowstone
Island.
6. The Jefferson County Comprehensive Plan, 1998, Environment Element Goal
5.0 (p. 8-24) states:
Allow development along shorelines, which is compatible with the
protection of natural processes, natural conditions, and natural functions
of the shoreline environment.
Staff Comment: The proposed development has undergone review under the
UDC and SMMP. As conditioned through existing Jefferson County regulations,
the proposal is consistent with this policy.
7. The Jefferson County Comprehensive Plan, 1998, Environmental Element
Policy 5.1 (p. 8-24) states:
Regulate shoreline land use activities based on the best available
scientific information.
Staff Comment: The proposal is consistent with this policy. Parametrix was
hired by the applicant to assess impacts to the shoreline and shoreline
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jurisdiction using the best available science. Staff has received no scientific
evidence to refute the findings of Parametrix in their assessment.
8. The Jefferson County Comprehensive Plan, 1998, Environment Element
Policy 13.5 (p. 8-30) states:
Encourage the use of community water systems to serve new shoreline
development.
Staff Comment: The proposed utility installation is consistent with this policy by
providing a community water system to the island and its shoreline development.
9. The Jefferson County Resolution No. 13-03,2003
Establishes policy that supports the formation of a public water system on
Marrowstone Island as a long-term solution for water quality degradation
caused by seawater intrusion.
Staff Comment: The proposed utility installation is in keeping with Resolution
13-03 by providing public water to Marrowstone Island.
10. Jefferson County Unified Development Code (JCC 18.40.280) requires that
only one Public Hearing can be held on a Type III permit application.
Staff Comment: The scheduled Public Hearing constitutes the single Public
Hearing for this project.
11 . The proposal is subject to the goals and policies of the Jefferson County
Shoreline Management Master Program (SMMP)(UDC Section 5 - JCC 18.25).
The project site is designated "Conservancy."
Staff Comment: The SMMP applies to the proposal. In addition to lying within
the "Conservancy" shoreline designation, the proposal is subject to several other
program policies and performance standards. The following sections of the
SMMP are specifically applicable to the proposal; additional policies and
performance standards may also apply:
UDC Section 4.103 - JCC 18.25.130 Conservancy
UDC Section 4.203 - JCC 18.25.200 Conditional Uses
UDC Section 5.200 - JCC 18.25.450 Utilities
These policy and performance standard requirements are discussed below.
12. Master Program Section 4.103, Conservancy Designation, states that these
areas are defined as:
An area with valuable natural, cultural, or historical resources or environmental
conditions that should be protected, conserved, and managed to the extent that a
continual supply of those resources such as soil, water, timber, fish, shellfish, or
wildlife are not degraded or depleted but are maintained. Also included are
areas containing sensitive environmental conditions that may limit the potential
for development or use, including but not limited to steep slopes, f1oociJJ.rone M
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areas, eroding bluffs, marshes, bogs, swamps, and accretion shore forms. Low
density residential and recreational uses are permitted provided these activities
do not significantly degrade or deplete resources and respect limiting
environmental condition.
Master Program Section 4.103 also contains policy language applying to areas
so designated:
To protect, conserve, and manage existing resources and valuable historical and
cultural areas in order to ensure sustained resource stabilization and that
sensitive natural conditions are not subject to inappropriate uses.
Staff Comment: The criteria for a Shoreline Substantial Development Permit are
found in WAC 173-27-150, which requires the proposed development to be
consistent with: RCW 90.58 Shoreline Management Act; WAC 173-27 Shoreline
Management Permit and Enforcement Provisions; and the local master program
(SMMP). The Substantial Development criteria are addressed through the
review of the Shoreline Conditional Use permit. As conditioned through the
Shoreline Conditional Use and review under the UDC, the proposed project
complies with this policy.
13. Master Program Section 4.203 defines Conditional Use as:
Those uses that are deemed least preferable within the scope of the definition
and policies of a particular shoreline environmental designation. While not
prohibited outright, these uses are an exception to the general rule. A conditional
use permit is intended to allow for flexibility and the exercise of judgment in the
application of regulations in a manner consistent with the policies of the act and
this Master Program. Requests for a variance from the uses allowed within the
shoreline designation shall be evaluated as a conditional use subject to the
criteria of this subsection, provided uses which are prohibited shall not be
authorized.
Master Program Section 4.203, Conditional Use, contains policy language that
states:
Applicants for shoreline conditional uses will have the burden of proof to
demonstrate that they are in conformance with WAC 173-27-160, as amended,
and all of the following:
1. The proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the Master Program.
Staff Comment: As conditioned, the proposal is consistent with RCW 90.58.020
and is not contrary to the general intent of the Shoreline Management Act.
2. The proposed use will not interfere with the normal public use of public
shorelines. LOG ITEM
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Staff Comment: This proposal is for installation of utility water lines underground
and will not ultimately interfere with public access or use of the shoreline as the
construction will occur within a short time frame.
3. The proposed use of the site and design of the project is compatible with other
permitted uses within the area.
Staff Comment: The proposal is a utility distribution line which will be buried
within an existing road right-of-way and utility corridor. These are compatible
uses and comply with UDC 4.40.2(b) "New utility distribution lines shall be placed
underground wherever reasonable and practical," and UDC 4.40.2(d) "Utilities
and transportation lines shall be installed in the same right-of-way when the
effect will be to reduce the adverse impacts on the physical environment."
4. The proposed use will cause no unreasonable adverse effects to the shoreline
environment in which it is to be located.
Staff Comment: The project has undergone review under the Jefferson County
UDC. The Wetland Delineation indicated that the proposal will not "include any
in-water work or direct impacts to shorelines of the state on Marrowstone or
Indian Islands. Direct impacts to shoreland vegetation (within 200-feet of the
OHWM) will be confined to the currently maintained roadside shoulders and
ditches....lnstallation and operation of the Phase 1 water main will not degrade
shoreline water quality or marine life, contribute to beach erosion or siltration, or
alter shoreline geohydraulic shore processes."
5. The public interest suffers no substantial detrimental effect. In those limited
instances where a conditional use is proposed, consideration shall be given to
the cumulative impact of additional requests for similar actions in the area.
Staff Comment: The proposal, as designed and conditioned, will not cause the
public interest to suffer substantial detrimental effect. In fact, the entire reason
for the project is to aid the public interest by providing potable water to those
residents (and potential future residents) whose wells are contaminated with
undrinkable water. Requests for similar actions would only have a beneficial
effect since those actions would be to improve the infrastructure and quality of
life of the Island residents, and be contained within the existing road right-of-way
and utility corridor. The future build-out of the island would follow the
requirements of the Comprehensive Plan. The installation of the water utility will
not prompt a re-zone of the island.
14. Master Program Section 5.200 defines Utilities as:
Services or facilities that produce, transmit, carry, store, process, or dispose of
electric, power, gas, water, sewage, communications, oil, and the like..
15. Master Program Section 5.200 The proposal is a utility distribution line that will
carry potable water to the residents of Marrowstone Island. This section contains
policies that apply to the proposal:
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Policy # 1: Whenever utilities must be placed in a shoreline area, the location
should be chosen to not obstruct or destroy scenic views. Whenever feasible,
these facilities should be placed underground or designed to do minimal damage
to the aesthetic qualities of the shoreline area.
Staff Comment: Once installed, the proposal will be completely out of sight and
have no impact on the aesthetic qualities of the shoreline.
Policy #2: To the extent feasible, Jefferson County and the City of Port
Townsend should incorporate major utility corridors on shorelines into their
programs and plans for public access to and along water bodies.
Staff Comment: The existing utility corridor and road rights-of-way into which the
water lines will go already provides access to the shoreline.
Policy #3: Utilities should be located to meet the needs of future populations in
areas planned to accommodate this growth.
Staff Comment: The proposed water system will be designed and installed in an
existing utility corridor to provide water to island residents who have been
impacted by seawater intrusion. The water system is not intended to provide for
future development, but to help solve a public health problem. Future
populations and development will have access to this water system. Any future
build-out of the Island shall be consistent with the Comprehensive Plan.
Policy #4: Upon completion of installation and maintenance projects of
shorelines, banks should be restored to pre-project configuration, replanted with
native species, and be provided with maintenance care until the newly planted
vegetation is established..
Staff Comment: It shall be a condition of approval that installation areas be
restored to there original pre-project condition.
16. Master Program Section 5.200 contains the following performance standards
that apply to the subject application:
Performance Standard #1: Utilities shall be installed adjacent to or within existing
utility or circulation easements or rights-of way whenever feasible..
Staff Comment: As proposed, the water line installation meets this standard by
being placed in existing road rights-of-way.
Performance Standard #2: Utilities shall be installed underground whenever
feasible.
Staff Comment: The proposed installation will be underground.
Performance Standard #3: Utilities shall be designed and installed to meet future
needs when possible.
Staff Comment: The proposed water system has been designed to meet current
as well as future needs. Citizens have commented that they doubt there is
adequate capacity to serve existing development, let alone future growth. The
PUD responded that its water system plan for Marrowstone Island has been
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approved by the State Department of Health based upon its ability to provide
water to the approved service area. The PUD is planning ahead by actively
researching and developing other sources of water including acquiring lake
property for storage, drilling additional wells, reverse osmosis, as well as reuse
and conservation.
Performance Standard #4: When feasible, utility corridors shall serve multiple
uses such as shoreline access or recreational trails or pathways.
Staff Comment: As stated under Policy #2, the existing utility corridor and road
right-of-way into which the water lines will go already provides access to the
shoreline.
Performance Standard #5: Utilities installed in the water, beach, or tidal areas
shall assure that water quality and marine life will not suffer degradation.
Staff Comment: No water line installation will take place in any of these areas.
Performance Standard #6: Installation of utilities shall assure the prevention of
siltration or beach erosion.
Staff Comment: The proposal shall require a permit from the Jefferson County
Public Works Department and approval of a Construction Stormwater Pollution
Prevention Plan. The installation of water lines will take place on the landward
side of the road (or in some cases, down the middle of the road) with the
roadway acting as a barrier between the shoreline and the installation. This
configuration should prevent any additional shoreline erosion.
Performance Standard #7: Upon completion of installation or maintenance
projects, banks shall be restored to a suitable configuration and stability,
replanted with native species, and provided with maintenance care until the
newly planted vegetation is established.
Staff Comment: As stated in Policy #4, it shall be a condition of approval that
installation areas be restored to there original pre-project condition.
Performance Standard #8: Utility discharges and outfalls shall be located,
designed, constructed, and operated so degradation to water quality, marine life,
and general shoreline ecosystems is kept to an absolute minimum.
Staff Comment: There are no discharges or outfalls are proposed or anticipated
(Log Item 194).
Performance Standard #9: Both during and after installation, utilities shall assure
that geohydraulic shore processes and marine life are basically maintained in
their natural condition.
Staff Comment: The placement of the water line installation in an existing road
right-of-way and on the landward side of the road away from the shoreline shall
ensure that marine life and geohydraulic shore processes are undisturbed to the
greatest extent possible.
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Performance Standard #10: Utilities located in flood prone areas shall be
provided with adequate flood protection and shall not be installed to increase
flood hazard or other damage to life or property.
Staff Comment: There are no identified flood zones on the Island. The water
pipes are sealed and self-contained and would not be susceptible to flood water.
Except in an extreme event like a major earthquake, the chance that the water
lines could rupture and cause flooding is not likely.
Performance Standard #11: Flammable or toxic materials shall not be stored in
areas subject to flooding.
Staff Comment: There are no flammable or toxic substances identified as part
of the proposal.
Performance Standard #12: Utilities shall not be installed in areas subject to
geological hazards, unless it can clearly be demonstrated that such hazards can
be overcome.
Staff Comment: There are only two small areas mapped near the installation
site where geological (landslide) hazards have been identified. Both areas are
on the other side of the road from the installation site. Because the road will be
maintained in the event of landslide activity it will act as a barrier to protect the
water lines from damage or threat of geological hazards.
STAFF RECOMMENDATION:
Based on the foregoing findings and conclusions and the following recommended
conditions, staff recommends Approval of the Shoreline Substantial
Development Permit for a Conditional Use Permit for this project involving the
installation of a-inch public water lines, in and along the road ditches within two
hundred (200) feet of shoreline.
Recommended Conditions:
1. The applicant shall obtain an Administrative Conditional Use permit (ZON05-
00027) for the complete installation of the proposed Marrowstone Island Water
System. This permit is necessary for all minor utilities.
2. The applicant shall obtain a permit from the Jefferson County Department of
Public Works to place water lines within County rights-of-way.
3. The applicant shall receive a Franchise Amendment from the Washington
State Department of Transportation to place water lines within State rights-of-
way.
4. Substantial progress towards completion of the project shall be performed
within two years of the issuance of the permit.
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5. The applicant shall consult the area WDFW Eagle Biologist before
construction and time construction to avoid disturbance of nesting Eagles.
6. Water lines shall be located a minimum of 10 feet from all onsite sewage
system components. Where a water line and wastewater line cross the water
line shall be placed above the wastewater line a minimum of 18 inches. If this
separation cannot be maintained and the water line is still above the wastewater
line, the water line shall be cased. If the water line is below the wastewater line
then both lines shall be cased. All casing shall meet the standards set forth in
the DOE Criteria for Sewage Works. It is the responsibility of the applicant to
locate any drainfields or wastewater lines that they will be coming into proximity
with or crossing.
7. The applicant shall install water lines on the landward side of the roadway
when within 200 feet of the shoreline OHWM whenever feasible.
8. The applicant shall implement the pollution and erosion control measures
listed in Section 5.2 of the Impact Assessment (Log Item 197)
9. The applicant shall contact Public Works and schedule a pre-construction
meeting and implement the Stormwater Pollution Prevention Plan as approved
by Public Works.
10. The applicant shall immediately restore the installation sites to their per-
project condition to the maximum extent possible.
Dated April 1 0, 2006 - Prepared by David Wayne Johnson, Assistant Planner and
project planner for this application. Jefferson County Department
of Community Development
LOG ITEM
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