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HomeMy WebLinkAboutLog133 .~ ~ JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street Port Townsend, WA 98368 AI Scalf, Director DEVELOPMENT REVIEW DIVISION STAFF REPORT TO JEFFERSON COUNTY HEARING EXAMINER Re: Secondary Use in Shoreline Jurisdiction) Conditional Use for Minor Utility, ) Stormwater Permit ) File No.: MLA05-00520, SDP05-00023, ) ZON05-00043, BLD06-00108 ) Representative: Jim Parker, Public Utility District #1 ) PROPOSED FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS SUMMARY APPLICATION AND RECOMMENDATION Date of Application: The application was submitted to the Department of Community Development August 5, 2005. Adequacy: Staff determined the application to be substantially complete August 30, 2005. This application is vested under the ordinances in effect on August 30, 2005. Open Record Hearing Date: The public hearing is scheduled for June 6, 2006 at 1:00 pm in the Board of County Commissioner's Chambers in the basement of the Jefferson County Courthouse. Proposal: The proposal includes design and construction of a large on-site septic (LOSS) system for the Beckett Point Fishermen's Club. The Beckett Point Fishermen's Club is a leasehold property, currently divided into approximately 165 leases within two legal tax parcels. The residences are currently served by individual on-site septic (OSS) systems. The existing systems are old and their condition and level of treatment is not well known. The Beckett Point Fishermen's Club wishes to eliminate individual OSS systems and establish a community sewage collection and treatment system, thus reducing the potential pollution to nearby surface and marine waters. Building Permits/ Inspections The proposed project involves abandoning the majority of the individual OSS systems and construction of two new independent community sewage collection and on-site treatment systems. Several underground grinder pump stations will be installed on the sand spit and at ITEM /33 Fa.g~_ I of.23 Long Range Planning MLA05-00520 Beckett Point Sanitary Improvements Page 1 of 23 Development Review Division (360) 379-4450 FAX: (360) 379-4451 '^ the top of the slope in residential areas. The grinder pump stations will collect sewage from one to five lots and convey the sewage via shallow, small-diameter pressure pipelines to one of two central underground pump stations located near the base of the bluff. From there, sewage will be pumped to intermittent pump stations located on an existing shelf on the bluff and pumped again to new large underground septic tanks located in a forested area on the eastern portion of the property. Effluent will be pumped to large drainfields on the eastern portion of the property. Approximately 5 acres of forestland will be cleared for the septic tanks and drainfields. The drainfield area has been located at the furthest point possible away from the existing slopes above Beckett Point. Recommendation: Approval with conditions. (Recommended Conditions attached to this report). BACKGROUND INFORMATION Proponents: Jim Parker, Jefferson County PUD #1 Jean Carr and Candace Cramer, Parametrix Patricia Sahlinger, Beckett Point Fishermen's Club Property Owner: Beckett Point Fishermen's Club Representative: Jim Parker Property Location: Beckett Point Fishermen's Club is located approximately six miles southwest of Port Townsend on the east side of Discovery Bay. It consists of two tax parcels. Parcel Number 002231001 includes the beach area where most of the sewage collection will occur. Parcel Number 002242003 consists mostly of the uplands and bluff area where the drainfields will be located. Legal Description: Parcel Numbers 002 231001 & 002 242 003 in Sections 23 & 24, Township 30, Range 02 West, WM, Located on Beckett Point Rd, Port Townsend, W A 98368. Site Conditions: The subject parcels encompass approximately 84.08 acres. The beach area is a large sand spit with a tidal lagoon in the middle of the sand spit. The beach area is flat, with a steep bluff separating it from the drainfield area. The west-facing bluff is covered with thick grasses and shrubs and sparse fir trees and has slopes as steep as 70%. The north- facing bluff is covered with Douglas Fir trees and thick vegetation and has slopes as steep as 100%. The north and west bluffs are separated by Beckett Point Road. Surrounding Area: The parcels adjacent to the northern boundary of the subject parcels are zoned Rural Residential 1:5 (RR 1:5) and Rural Residential 1:10 (RR 1:10). The surrounding parcels vary greatly in size from .16 acre to 12.18 acres. Access to this area is via Cape George Road to Beckett Point Road. Two county local access roads, Marrakech Circle (C616409) and Hillcrest Avenue (C616009) intersect Beckett Point Road providing MLA05-00520 Beckett Point Sanitary Improvements Page 2 of 23 LOG ITEM # 133 Page 2- of 2:3- access to the bulk of the smaller parcels in the area. The eastern and southern boundaries of the subject parcels abut Discovery Bay shoreline. Procedural Information: Notice of Application and Pending SEP A Threshold Determination · Mailed to adjacent property owners & agencies: January 13,2006 · Posting of Notices by applicant/representative: January 17, 2006 · Publication of Legal Notices: January 18,2006 (Port Townsend-Jefferson County Leader) Notice of Public Hearing and SEP A Threshold Determination (MDNS) · Mailed to adjacent property owners & agencies: May 10,2006 · Posting of Notices by applicant/representative: May 10, 2006 · Publication of Legal Notices: May 10, 2006 (Port Townsend-Jefferson County Leader) · SEP A Appeal Period Expired: May 23, 2006 Site Visit(s): Jefferson County Development Review staff conducted site visits on November 22, 2005, November 28, 2005 and May 30, 2006. Al Scalf, Director of Community Development, attended a Beckett Point Fishermen's Board of Trustees meeting on April 23, 2006. Comments: Notices were sent to 111 leaseholders within Beckett Point Fishermen's Club and adjacent property owners. Comments were received by 15 adjacent property owners and leaseholders. 14 comments were in support of the project and were not substantive (Log items # 43,47,49, 50,51,52,53,54,55,56,57,58,59,62). A comment received from Barbara Blowers (Log Item #46) questioned boring "a hole through a sand hill". Boring a hole through the hill was discussed during the preapplication phase of this project, however, this is not proposed. Staff requested review and comments on the application and Environmental Checklist from the following agencies: · Department of Ecology (Gretchen Lux - Wetlands): No comments submitted. · Department of Ecology (Jeffree Stewart - Shoreline): Oral comment is hereby incorporated by reference (Log items # 64 and 69). · Department of Ecology (SEPA Review): No comments submitted. · Department of Ecology (Wastewater Facilities): No comments submitted. · Washington State Department ofFish and Wildlife (Jeff Davis and Randi Thurston): Written comments are hereby incorporated by reference (Log items # 45,61, 128 and 132). · Washington State Department of Fish and Wildlife (Shelly Ament - Eagles): Oral comments are hereby incorporated by reference (Log items # 65 and 68). · Jefferson County Public Health: Written comments are hereby incorporated by reference (Log items # 108). MLA05-00520 Beckett Point Sanitary Improvements Page 3 of 23 # Page LOG ITEM }l30f 23 · Jefferson County Fire District #6: No comments submitted. · Jefferson County Assessor's Office: No comments submitted. · Jefferson County Department of Public Works: Written comments are hereby incorporated by reference (Log items # 73 and 74). · Peninsula Daily News and Port Townsend Leader: No comments submitted. · Washington Environmental Council: No comments submitted. · Washington State Department of Natural Resources: No comments submitted · City of Port Townsend: No comments submitted. · Port Gamble S'Klallam Tribe: No comments submitted. · Jamestown S'Klallam Tribe: No comments submitted. · US Army Corps of Engineers: No comments submitted. · Washington State Department of Health: No comments submitted. · Port Townsend School District: No comments submitted. · Olympic Environmental Council: No comments submitted ST AFF FINDINGS 1. This application proposes to install a large on-site septic system (LOSS) for the Beckett Point Fishermen's Club community. The drainfields will be located as far from the shoreline as possible on the upland portion of the 84-acre site. Approximately five acres of forest in the upland area will need to be cleared to accommodate the drainfields. There are approximately 90 residences next to the shoreline on the sand spit. Individual septic tanks and grinder pump stations will be located on the sand spit area to pump the effluent to the drainfields in the upland area. Each residence is proposed to have its own septic tank. The transport lines connecting the septic tanks, grinder pump stations and drainfields will be installed in existing easements and within the Beckett Point Rd. and Hillcrest A venue rights-of- way. 2. The proposed LOSS design is represented as log item # 106. The septic system was designed for up to 102 connections. Approximately 90 homes will connect to the system with a possibility of 12 additional homes to be connected in the future. 3. Parcels 002 231 001 and 002242003 are zoned Rural Residential 1:20. The Beckett Point Fishermen's Club community has approximately 90 residences on the two parcels. The development exceeds zoning density yield under today's standards. 4. The Fishermen's Club started in the 1940's. The first documented survey is dated June 10, 1958 (Log Item #110). These dates are prior to zoning codes in Jefferson County. Beckett Point Fishermen's Club is a legal non-conforming use with regard to the number of residences on these two parcels. 5. The application was reviewed by the Jefferson County Department of Community Development staff for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an MLA05-00520 Beckett Point Sanitary Improvements Page 4 of 23 LOG ITEM # 33 Pa(l~ u of 2Q ~\P:_~ , 2- jl..., initial Geographic Information Systems mapping review and investigative site inspections, the following ESAs were confirmed to be present on the subject property: Shoreline Designation - Suburban & Conservancy, Saltwater Marsh, Bald Eagle Habitat, Blue Heron Habitat, Wetland, Rare Plants (Douglas-Fir 1 Common Snowberry - Oceanspray), Seismic Hazard, Landslide Hazard Areas - Slight, Moderate and High, Susceptible Aquifer Recharge Area (SUSC), Seawater Intrusion Protection Zone (SIPZ) - Coastal. 6. The Beckett Point Community and surrounding parcels are served by a public water system managed by the Jefferson County Public Utility District #1. The source of the water for this area is outside of the Coastal Seawater Intrusion Protection Zone. 7. Lots 2 and 3 of APN 002242003 (Legal Description: S24 T30 R2W I LOT 2 & 3) can be given individual parcel numbers and sold separately. (Log Item # 130) REVIEW CRITERIA Applicable Ordinances and Plans: · Jefferson County Comprehensive Plan, adopted August 28,1998: Chapter 11, Utilities Element Sanitary Sewer pages 11-7 through 11-8 Sanitary Sewer Utilities Goal and Policies page 11-39 · Jefferson County Code (JCC), JCC Title 18, Unified Development Code, as amended Chapter 18.15 JCC, Land Use Districts Section 18.20.160 JCC, Conversions of land to nonforestry use Section 18.20.400 JCC, Performance Standards, Utility developments, minor Chapter 18.25 JCC, Shoreline Master Program Chapter 18.30 JCC, Development Standards Chapter 18.40 JCC, Permit Application and Review ProcedureslSEPA Implementation . Shoreline Management Master Program for Jefferson County, adopted March 7,1998. Integrated with the JCC as Chapter 18.25 JCC, Shoreline Master Program. . Jefferson County Flood Damage Prevention Ordinance No. 18-1120-95, adopted November 20, 1995, effective December 20, 1995. Integrated with the JCC as Chapter 15.15 JCC, Flood Damage Prevention. . Chapter 197-11 WAC, State Environmental Policy Act (SEPA) Rules MLA05-00520 Beckett Point Sanitary Improvements Page 5 of 23 LOG ITEM it /33 Pag(:; S of 23 STAFF ANALYSIS & CONCLUSIONS 1. Jefferson County Comprehensive Plan Goal and Policies: UTG 6.0 Promote sanitary sewer systems that accommodate growth, are cost-effective to construct and operate, and are consistent with the Comprehensive Plan. UTP 6.1 Encourage development of community septic systems in Rural Centers to protect public health, the environment, and foster a reliable, integrated collection system. UTP 6.2 Existing sanitary sewer treatment facility capacity will not be used as a justification for expansion of a sewer system or development inconsistent with County-wide Planning Policies and the Comprehensive Plan. UTP 6.3 Encourage the use of water-conserving fixtures with new systems or services. UTP 6.4 In shoreline areas with water quality concerns that are or appear to be related to problems associated with individual septic systems, Jefferson County supports utilizing a range of sewage treatment options, including community drainfields and centralized systems, subject to State law. Staff Analysis: The residences within the Beckett Point Fishermen's Club development are connected to individual septic systems that are old, and the treatment level of the existing systems is questionable. The development is located on a shoreline sand spit with a wetland in the center which is subject to tidal influences. Land appropriate to locate individual septic systems, which meet current requirements, is limited. Water quality within Discovery Bay has become a concern (Log Item # 129). UTP 6.1 and UTP 6.4 encourage the design and use of community drainfields when there are concerns for public health and water quality. The proposed Large On-Site Septic (LOSS) system is designed to accommodate 102 residential connections. 90 existing residences are expected to connect to the LOSS after construction. Beckett Point Fishermen's Club has existing leases with expectations to construct an additional 12 residences. Beckett Point Fishermen's Club is located on two parcels each zoned Rural Residential 1 :20. With 90 existing residences on these two parcels the development is nonconforming to current density requirements. UTG 6.0 encourages the system be designed to accommodate growth, however, UTP 6.2 does not allow for development inconsistent with the Comprehensive Plan. The following shall be stated as a condition of approval: MLA05-00520 Beckett Point Sanitary Improvements Page 6 of 23 LOG ITEM # 133 p~.:'1ia.;:" fo of Z3 U.t:i.v! . . Future residential connections to the Large On-Site Septic System (LOSS) are subject to Jefferson County approval and may include the recording of an Assessor's Plat. The approval of the LOSS permit does not vest future development on these parcels. All building permits are subject to Jefferson County review and may include the recording of an Assessor's Plat." The development is located within a Coastal Seawater Intrusion Protection Zone. As such, water conservation measures are recommended and will be listed on each building permit. One of the recommendations is the installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. This recommendation meets UTP 6.3. 2. Chapter 18.15 JCC, Land Use Districts "Utility Developments, Minor" are a "Ca" use in the Rural Residential land use district per Table 3-1. Allowable and Prohibited Uses. 3. Article VI-D through Article VI-J of Chapter 18.15, JCC, regarding Environmentally Sensitive Areas District (ESA) The proposal was subject to an environmentally sensitive area (ESA) review and identified the following ESA's: critical aquifer recharge areas (susceptible aquifer and coastal seawater intrusion protection zone), geologically hazardous areas (landslide - slight, moderate and high), fish & wildlife habitat (saltwater marsh, bald eagle and blue heron habitat), wetlands, rare plants (Douglas-Fir 1 Common Snowberry - Oceanspray), and shoreline (Suburban and Conservancy), Frequently Flooded Area. 4. Critical Aquifer Recharge Areas Portions of this proposal are mapped as susceptible aquifer recharge areas. All land area within one-quarter mile of marine shorelines and associated aquifers together comprise the Coastal Seawater Intrusion Protection Zone (SIPZ). Per 18. 15.240(2)(c) JCC areas that are listed in a susceptible aquifer recharge area and rural residential land uses that require a discretionary use or conditional use permit are subject to the protection standards listed in 18.15.255 JCC. The following shall be stated as a condition of approval: This project shall comply with the on-site sewage disposal best management practices in critical aquifer recharge areas asfound in 18.30.180 JCe. In addition to the above, the geotechnical report submitted with the application and prepared by Myers Biodynamics Inc. (Log Items #11, 12,30 & 31) addresses the water budget and groundwater nitrate loads. The report states, "It appears the nitrate impact of the proposed treatment system design that handles 102 hook-ups at an average daily flow of 7,250 gallons per day that is applied to the 30 acre project area has a localized impact to groundwater quality." MLA05-00520 Beckett Point Sanitary Improvements Page 7 of 23 LOG ITEM -I-J. 133 'r/" Cpo, t"'!..".. '1 'of 23 i a~~;j _,.--+--:. The Geotechnical Report further states, "Since the estimated nitrate concentration in local groundwater appears to be close to the 10 mg/L MCL limit for drinking water, it would be appropriate to require groundwater monitoring of nitrate levels in any future water supply wells completed near the project site. Alternatively, groundwater-monitoring wells could be installed near the perimeter of the site to monitor actual nitrate levels migrating from the project area in order to have an early detection system available to respond to potential changes in groundwater quality." The following shall be stated as a condition of approval: Groundwater-monitoring wells shall be installed near the perimeter of the site to monitor actual nitrate levels migrating from the project area. 5. Geologically hazardous areas (landslide, seismic, and erosion) Portions of the LOSS are proposed on lands characterized by steep slopes and mapped as slight, moderate and high landslide hazard areas. A geotechnical report prepared by Myers Biodynamics Inc. (Log Items #11, 12,30 & 31) addresses the generalized subsurface conditions, hydraulic loading rates, water budget and groundwater nitrate loads and quantification of nitrate in groundwater. The geotechnical report states, "The proposed treatment system will result in an annual increase in groundwater input to the local system of less than 6 inches based on prior analyses of the wastewater treatment area (MBI May 2005). Due to the relatively minor estimated increase to the groundwater regime, it is our opinion that the input to the system will have a negligible adverse affect on slope stability." It further states, "In our opinion, the implementation of conventional erosion control techniques and best management practices (BMP's) during construction will mitigate the erosion hazard risk on the property." The following shall be stated as a condition of approval, "The project shall comply with all recommendations within the geotechnical report prepared by Myers Biodynamics Inc. dated June 16, 2005 and any subsequent amendments or addendums to this report. " 6. Fish & wildlife habitat (saltwater marsh, bald eagle and blue heron habitat) Copies of the proposal were sent to Washington State Department of Fish & Wildlife. Oral comments were received from Shelly Ament regarding bald eagle habitat stating that no eagle habitat management plan is required, however, she would like to keep as many trees as possible. Written comments from Jeff Davis with the Washington State Department of Fish & Wildlife stated, "The Great blue heron rookery has relocated from the Beckett Point slope to a wetland located on parcels 002242017 and 002242013. The current heron rookery site is located within 1/4 mile of the project, therefore, WDFW recommends that land clearing and grading operations on the LOSS site occur between July 31st and February 15th to avoid impacts to nesting herons." On May 23,2006 Candace Cramer, Parametrix, contacted staff to question whether or not the rookery still existed in this location and requested the timing restrictions be lifted. E-mail communication (Log Item # 132) between Jeff Davis (WDFW), Candace Cramer (Parametrix) and staff resulted. The final comment from Jeff Davis received on May 24,2006 is as follows, "Greg was not aware that the rookery ha't'~'''EM # 133 P'ant'1\ ~ of 70 '~~ ~ ~ MLA05-00520 Beckett Point Sanitary Improvements Page 8 of 23 a wetland on DNR land within 1/4 mile of the project. This is the rookery that I referred to in my email to the county." The following shall be stated as a condition of approval: Tree clearing shall be limited to that required to install the LOSS. Land clearing and grading operations on the LOSS site shall occur between July 31st and February 15th only, to avoid impacts to nesting herons. 7. Wetlands: A wetland area exists in the interior of the sand spit. The proposal will not directly affect the wetland, however, a substantial portion of the project will take place within the wetland buffer. Copies of the proposal along with the wetland delineation were sent to Gretchen Lux with Washington State Department of Ecology. She made no comments. A wetland delineation prepared by Pacific Rim Aquatic Environmental Sciences dated August 5,2000 and a Wetland Delineation Amendment prepared by Parametrix dated June 17,2005 were submitted with the application. The wetland delineation classifies the wetland as a Category II wetland. Table 3-4 of JCC 18.15.340 requires a standard buffer of 100-ft. The following has been copied from the wetland delineation amendment and shall be stated as a condition of approval: "Work areas at Beckett Point will be restricted to existing improved areas, including the prism of Beckett Point Road, private driveways, and landscaped areas at homes to be included in the upgraded septic system. " "Best management practices, including the use of sedimentation fencing, will be used to protect water quality for local area waters and the wetland during construction. " "After installation of the force main and hookups for individual homes, disturbed areas will be graded to the pre-construction contour. Paved driveways and Beckett Point Road will be resurfaced with pavement. Disturbed vegetated areas will be reseeded in compliance with the Ecology stonnwater manual. " 8. Rare Plants (Douglas-Fir 1 Common Snowberry - Oceanspray): GIS mapping indicates rare plants on portions of parcel 002242003. This portion of the parcel will not be disturbed as a part of this project. WDFW did not make recommendations regarding rare plants in their comments for this proposal. 9. Shoreline: (Suburban and Conservancy designation): Proposal was sent to the Dept. of Ecology for comments. Jeffree Stewart with DOE left a voice message (Log items # 64 and 69) on February 24, 2006 stating he had reviewed the proposal and had no comments. Washington State Department of Fish and Wildlife (Log Item #45) made the following comments for this proposal, "The SEP A checklist references discharging trench water onto LO :v ITEM 33 ofZ3 MLA05-00520 Beckett Point Sanitary Improvements Page 9 of 23 the shoreline, as well as, trenching below the ordinary high water mark. All of these activities will require a Hydraulic Project Approval (HPA) from WDFW prior to initiation of work. The applicant should contact Randi Thurston at (360) 895-6123 for more details on HPA requirements." As a result of this comment, staff recommended the following condition as mitigation for the SEPA review, "3. Prior to commencing development activity, the proponent shall obtain a Hydraulic Project Approval (HPA) from Washington State Department ofFish and Wildlife. Contact Randi Thurston at (360) 895-6123 for details on HPA requirements." On May 18,2006, a letter from Randi Thurston, WDFW, dated May 17,2006 (Log Item # 128) states the following, "The e-mail received today from Candace Cramer from Parametrix states that all proposed work would be landward of the ordinary high water line (OHWL). If work conducted landward of the OHWL doesn't impact the water of the state (i.e. water quality) or affect the natural rate of sediment delivery to the beach from either impoundment behind a structure or increased erosion, a Hydraulic Project Approval (HPA; RCW 77.55, WAC 220-110) to be issued by WDFW will not be required for the project." Staff recommends the following amendment to the above condition, All workfor this project shall be landward of the ordinary high water line (OHWL). If the project is revised to include work waterward of the OHWL or the project is revised to include work conducted landward of the OHWL which would impact the water of the state (i.e. water quality) or affect the natural rate of sediment delivery to the beach from either impoundment behind a structure or increased erosion, prior to commencing work the applicant shall contact WDFW, Randi Thurston, at (360) 895- 6123 for details on HPA requirements. Refer to the section for Chapter 18.25 JCC, Shoreline Master Program under Staff Analysis and Conclusions for detailed review of compliance with shoreline requirements. 10. Frequently Flooded Area: Refer to the section for Chapter 15.15 Flood Damage Prevention under Staff Analysis and Conclusions on page 19 for detailed review of compliance with shoreline requirements. 11. Section 18.20.160 JCC Conversions of land to nonforestry use The drainfields are proposed to be located in the upland area that is forested. Approximately 5 acres is proposed to be cleared in the upland area to accommodate the LOSS facility. This area will not be reforested. 18.20.160 JCC requires a Class IV General Permit for lands that are being converted to nonforestry use. 18.20.160(4) JCC requires SEPA review for Class IV General Permits. The clearing and conversion of the drainfield area was reviewed and included in the SEPA review during this permit process. As of May 30,2006 Jefferson County Department of Community Development has not received a Forest Practice Application (FP A) for review from Department of Natural Resources (DNR). The following shall be stated as a condition of approval: MLA05-00520 Beckett Point Sanitary Improvements Page 10 of 23 LOG iTEM :# /33 . _J~o'f Z3 Prior to commencing development activity, the proponent shall obtain a Class IV General Forest Practices Permit from the Washington State Department of Natural Resources. Contact Ross Goodwin at (360) 732-7175 for details on Forest Practice Permit requirements. " 12. Section 18.20.400 JCC Performance Standards, Utility developments, minor Section 18.20.400 JCC classifies sewer pipelines as a minor utility which requires complying with the Comprehensive Plan, placing lines underground, environmental impacts to be minimized or mitigated and installing lines within the same right-of-way as transportation facilities. This proposal complies with these requirements. Refer to the permit conditions for Section 18.30.120 below. On April 11, 2006 staff received comments from Jefferson County Public Health. Their comments are as follows and shall be incorporated as conditions to this proposal: 1) All septic tank abandonment's and new tank/grinder pumps shall be permitted by JCPH. The drain field and other appurtenances will be approved by DOH. 2) Applications for tank/grinder pump tank installation and septic tank abandonment's must be submitted by a licensed septic system designer or engineer licensed by the State of Washington. 3) All tank/grinder pumps installation locations must conform to code whenever feasible; waivers and mitigation will be required when nonconforming installations are necessary. All waivers will be will be reviewed by JCPH and consideredfor approval on a case-by-case basis. 4) A copy of the most up-to-date plans should be submitted to JCPH as soon as possible. Section 18.20.400(g) places the burden on the applicant to determine if any state or federal permits or licenses are necessary and then to obtain those permits or licenses. The following shall be stated as a condition of approval: It shall be the affirmative duty of the applicant who proposes a minor utility development to determine if any state or federal permits or licenses are necessary and then to obtain those permits or licenses at their own expense. 13. Section 18.30.120 JCC Utility service lines and facilities. Section 18.30.120 requires environmental impacts be minimized, areas disturbed to be revegetated, clearing confined to only that necessary for installation and operation of the system, and the utilities be installed in the same rights-of-way as transportation facilities. ITEM .. l3_3 " P....,..',~'""', I( 'o'f Z7 0 Q~ \;;'-......!..!.-.... =...,:) <>f,,$.c 'tt MLA05-00520 Beckett Point Sanitary Improvements Page 11 of 23 To comply with 18.30.120 the permit shall be conditioned as follows: Environmental impacts resulting from installation or maintenance of utilities should be minimized. Areas disturbed during construction shall be replanted with native vegetation and maintained until firmly established. Clearing shall be confined to that necessary to allow installation and to prevent inteiference by vegetation once the system is in operation. Utilities and transportation facilities shall be installed in the same rights-of-way when the effect will be to reduce the adverse impacts on the physical environment. 14. Section 18.40.560 Approval criteria for all conditional uses. (1) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as "C(a)," "C(d)" or "COO) if all of the following criteria are satisfied: (a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; Staff Analysis: The LOSS meets this criterion. The proposed LOSS will replace existing individual on-site septic systems. (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; Staff Analysis: The LOSS will provide sewage disposal to existing development within the Beckett Point Fishermen's Club. A Stormwater Site Plan and a Temporary Erosion and Sedimentation control plan prepared by Parametrix dated July 2005 were submitted on August 5,2005. The Temporary Erosion and Sedimentation Control Plan was approved by the Jefferson County Department of Public Works on March 7, 2006. Jefferson County Public Works commented (Log Items # 73 & 74): "Unified Development Code Section 6.7 adopts the requirements of the Washington Department of Ecology Stormwater Management Manual for Western Washington. Public Works Department Findings The proposal will create more than 7,000 square feet of land disturbing activity. Significant portions of the site are adjacent to wetlands and shorelines. MLA05-00520 Beckett Point Sanitary Improvements Page 12 of 23 LOG ITEM 133 1;;:;1""~",,,.~ ,....., o'f ? Q 4 ~r;Lj~"~~ "J "~, ~ ~~ '4~" 'fl. The Stormwater Management Manual requires proponents of developments that meet these criteria to implement Minimum Requirement #2 Construction Storm water Pollution Prevention and to prepare a Construction Stormwater Pollution Prevention (CSWPP) Plan. The proponent has submitted a Stormwater Site Plan, a temporary erosion and sedimentation control plan sheet, and construction plans for the proposal. Public Works Department Recommendation · The Department has reviewed and approved the proponent's CSWPP Plan and temporary erosion and sedimentation control plan sheet. · Prior to commencing construction, the proponent shall schedule a pre- construction conference with its contractor and the Public Works Department. " The proposal shall be conditioned as follows: Prior to commencing construction, the proponent shall schedule a pre-construction conference with its contractor and the Public Works Department. Contact Jim Pearson at 360-385-9162 to schedule this meeting. As conditioned the LOSS meets this criterion. (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; Staff Analysis: The LOSS will not be materially detrimental to uses or property in the vicinity of the subject parcels. The LOSS meets this criterion. (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; Staff Analysis: The LOSS meets this criterion. Noise, smoke, dust, fumes, vibrations, odors levels have the potential to increase during construction, however, will become nonexistent after installation is complete. (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; MLA05-00520 Beckett Point Sanitary Improvements Page 13 of 23 LOG ITEM # 13 3 Pages; I 3 of z3 Staff Analysis: The LOSS meets this criterion. As stated in the Construction Stormwater Pollution and Prevention Plan (Log Item #15, page 14 of 61), "An approximate 50-foot buffer will be retained between the property lines to the north and east and the drainfield clearing limits with the exception of the construction entrance. This will both help negative impacts to any possible stormwater runoff during construction activities and provide a greenbelt between surrounding property owners." The septic tanks, grinder pumps, pump chambers and transport lines will be installed underground either on residential property it will serve or within existing easements and rights-of-way. (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; Staff Analysis: The LOSS meets this criterion. During construction, impacts to pedestrian and vehicular traffic will be minimal. After construction there are no expected impacts. (g) The conditional use complies with all other applicable criteria and standards of this code and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; Staff Analysis: As conditioned in this approval, the LOSS complies with all other applicable criteria and standards of the JCC Title 18 (Unified Development Code), other applicable local, state and federal laws, and the performance standards and development standards contained in Chapters 18.20 and 18.30 JCc. (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; Staff Analysis: The project is not located in the vicinity of an airport or airfield. (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; Staff Analysis: As conditioned in this approval the LOSS meets this criterion. A full SEP A review was completed. The SEP A Responsible Official issued a MDNS on May 9,2006. No appeals were received. (j) The conditional use has merit and value for the community as a whole; Staff Analysis: The LOSS meets this criterion. The LOSS will provide reliable sewage disposal to the Beckett Point Fishermen's Club. As contamination due to failing individual septic systems is reduced, the community as a whole may benefit by improved water quality in Discovery Bay. MLA05-00520 Beckett Point Sanitary Improvements Page 14 of 23 !{".r. IT'EM ~,"\;.E\,;i 0 j . "._~~~__l3 _ ,~~tL of 2-~~'M (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and Staff Analysis: As conditioned this proposal is consistent with Jefferson County Comprehensive Plan Goals and Policies. See the analysis under the Jefferson County Comprehensive Plan Goal and Policies on page 6 of this staff report. (1) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Staff Analysis: The public interest suffers no substantial detrimental effect as a result of this proposed LOSS. (2) In instances where all of the above findings cannot be made, the application shall be denied. Staff Analysis: As conditioned the LOSS proposal meets the conditional use criteria. Staff recommends approval with conditions. 15. Chapter 18.25 JCC, Shoreline Master Program 18.25.190(2) JCC, Secondary uses, criteria is as follows: Applicants for shoreline substantial development permits for secondary uses will have the burden of proof to demonstrate that: (a) The proposal will not be contrary to the general intent of the Shoreline Management Act, nor shall it be contrary to the goals, policies, and performance standards of this master program. (b) The proposed project will not materially interfere with the public use of public lands and waters or the private use of adjacent private lands. (c) The proposed project will not cause unnecessary adverse effects on the environment or other properties and will be compatible with other permitted uses in the area. Staff Analysis: Septic tanks, grinder pumps, pump chambers and transport lines will be located within shoreline jurisdiction. The shoreline designations for these parcels are Suburban and Conservancy (Log Items #20 & 21). All work proposed within shoreline jurisdiction will be done within the area designated as Suburban. No work is proposed in the area designated as Conservancy. Utilities are listed as a Secondary use within the Suburban designation on the 18.25.240 JCC, Classification table. Staff finds the proposal as conditioned meets the intent of the Shoreline Management Act. 18.25.450 JCC Utilities. (1) Definition. Services or facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, and the like. MLA05-00520 Beckett Point Sanitary Improvements Page 15 of 23 LOG ITEf\,1 # j33 Pag~~of z3 (2) Policies. (a) Whenever utilities must be placed in a shoreline area, the location should be chosen to not obstruct or destroy scenic views. Wherever feasible, these facilities should be placed underground or designed to do minimal damage to the aesthetic qualities of the shoreline area.. Staff Analysis: The septic tanks, grinder pumps, pump chambers and transport lines will be installed underground either on residential property it will serve or within existing easements and rights-of-way. (b) To an 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 Analysis: Not applicable to this proposal. (c) Utilities should be located to meet the needs of future populations in areas planned to accommodate this growth. Staff Analysis: The proposed LOSS has been designed to serve the existing residences and up to 12 additional home-sites. The proposal shall be conditioned as follows: Future residential connections to the Large On-Site Septic System (LOSS) are subject to Jefferson County approval and may include the recording of an Assessor's Plat. The approval of the LOSS pennit does not vest future development on these parcels. All building pennits are subject to Jefferson County review and may include the recording of an Assessor's Plat. (d) Upon completion of installation and maintenance projects of shorelines, banks should be restored to preproject configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. Staff Analysis: As conditioned the LOSS proposal meets this criteria. The Wetland Delineation Amendment prepared by Parametrix dated June 17,2005 (Log Item #9 page 4 of 6) states, "No native vegetation will be cleared on the spit for this project." It further states, "Disturbed vegetated areas will be reseeded in compliance with the Ecology Stormwater Manual (Ecology 2001). For example, as outlined in the Ecology stormwater manual, revegetation of disturbed areas following construction will likely include the following: tall fescue (Lolium arundinacea), bentgrass (Agrostis spp.), redtop (Argrostis alba), and while clover (Trifolium repens)." MLA05-00520 Beckett Point Sanitary Improvements Page 16 of 23 LOG ITEM # /33 Page_J.k-.of 23 The proposal shall be conditioned as follows: Upon completion of installation and maintenance projects of shorelines, banks shall be restored to preproject configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. (3) Performance Standards. (a) Utilities shall be installed adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. (b) Utilities shall be installed underground whenever feasible. Staff Analysis: The septic tanks, grinder pumps, pump chambers and transport lines will be installed underground either on residential property it will serve or within existing easements and rights-of-way. (c) Utilities shall be designed and installed to meet future needs when possible. Staff Analysis: The proposed LOSS has been designed to serve the existing residences and up to 12 additional home-sites. (d) When feasible, utility corridors shall serve multiple uses such as shoreline access or recreational trails or pathways. Staff Analysis: The proposed LOSS will not change the existing shoreline access. (e) Utilities installed in the water, beach, or upon tidal areas shall assure that water quality and marine life will not suffer degradation. Staff Analysis: The LOSS will provide reliable sewage disposal to the Beckett Point Fishermen's Club where the treatment levels of the current individual systems is questionable. As the potential contamination due to failing individual septic systems is reduced water quality in Discovery Bay may improve. (f) Installation of utilities shall assure the prevention of siltation or beach erosion. Staff Analysis: Refer to the analysis on under Shoreline on pages 9 and 10 of this staff report. As conditioned, this proposal meets this criterion. (g) 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. MLA05-00520 Beckett Point Sanitary Improvements Page 17 of 23 fTEM 133 =.,L 1 of Z3 Staff Analysis: As conditioned the LOSS proposal meets this performance standard. The proposal shall be conditioned as follows: Upon completion of installation and maintenance projects, banks shall be restored to preproject configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. (h) 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 Analysis: Refer to the analysis on under Shoreline on pages 9 and 10 of this staff report. As conditioned, this proposal meets this criterion. (i) Both during and after installation, utilities shall assure that geohydraulic shore processes and marine life are basically maintained in their natural condition. Staff Analysis: All work is proposed landward of the ordinary high water line (OHWL). The geohydraulic shore processes and marine life will not be affected. (j) Utilities located in floodprone 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 Analysis: Refer to analysis under Chapter 15.15 JCC, Flood Damage Prevention starting on page 19 of this report. As conditioned, this proposal meets this criterion. (k) Flammable or toxic materials shall not be stored in areas subject to flooding. Staff Analysis: The project shall be conditioned as follows: Flammable or toxic materials shall not be stored in areas subject to flooding. (l) Utilities shall not be installed in areas subject to geological hazards, unless it can clearly be demonstrated that such hazards can be overcome. Staff Analysis: Refer to Geologically hazardous areas (landslide, seismic, and erosion) on page 8 of this staff report. As conditioned, this proposal meets this criterion. MLA05-00520 Beckett Point Sanitary Improvements Page 18 of 23 lOG iTEl\1 #_L33 ",,-1-'6-0"f 2.3 16. Chapter 18.40 JCC, Permit Application and Review Procedures/SEPA Implementation 18.40.040 JCC Table 8-1 lists Secondary Uses under the Shoreline Master Program as Type III permits subject to notice and open record public hearing before the hearing examiner. The decision of the Hearing Examiner constitutes the final decision of the County for the Secondary Use. 18.40.030 (2) JCC allows for consolidated permit processing under the highest numbered procedure required for any part of the application. As stated in the notice of application and the notice of public hearing, "The clearing activity requires a Class IV General Forest Practices Permit from DNR requiring Stormwater Management and SEPA review. The Unified Development Code identifies sewer pipelines as minor utilities requiring a Conditional Administrative Use subject to a Type II process. The Shoreline Master Program identifies utilities as a secondary use within the Suburban shoreline designation, which requires a Type III process. The permits will be reviewed collectively under the Type III process." 17. Chapter 15.15 JCC, Flood Damage Prevention. 15.15.150 JCC Utilities. 15.15.150 JCC (1) Where possible, all new and replacement water supply systems and on- site sewage disposal systems shall be located outside of the flood hazard area. Staff Analysis: The drainfield is located in the upland away from the flood hazard area. The residences served by the new system are located within the flood hazard area requiring many of the septic tanks, grinder pumps, pump chambers and transport lines to be located within the flood hazard area. 15.15.150 JCC (3) Sewage Disposal Systems. (a) All new and replacement sanitary sewage systems shall be designed to eliminate buoyancy and to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. On-site or alternative proprietary sewage systems meeting Treatment Standard 2, as defined in Chapter 246-272 WAC, or subsequent amendments, may be installed in flood hazard areas, provided the performance of the system component providing the level of treatment is not impaired during flooding. (4) The elevation and location of all utility systems of a structure shall be designed to prevent floodwaters from entering the structure(s). Staff Analysis: County Environmentally Sensitive Area mapping identifies the beach area of this proposal lying within a frequently flooded area. The FEMA FIRM Map 530069 0135B shows portions of the beach area in Zone A (Area of 100-year flood; base flood elevations and flood hazard factors not determined) and Zone V (Areas of MLA05-00520 Beckett Point Sanitary Improvements Page 19 of 23 L()GiTEM # 133 r::la;'1~:;. I ~ of 2.3 ~ ,A'~:5''t.#,,~ 100-year coastal flood with velocity - wave action, base flood elevations and flood hazard factors not determined). Existing development dictates where sewage lines and components shall be placed. Components able to be located outside the flood hazard area (i.e. drainfield) were located as such. The geotechnical report prepared by Myers Biodynamics Inc. addresses uplift resistance as follows, "Uplift Resistance - Buried structures on The Point will likely be located partially below the tidally influenced groundwater levels, subject to flooding, and/or within liquefiable soils. These structures should be designed to resist hydrostatic uplift forces. Uplift forces can be resisted by increasing the weight of the structure such as additional concrete mass incorporated into a pump station, holding tank, and/or thrust blocks. Additionally, soil backfill above buried structures provides some resistance to uplift. We recommend using a total soil unit weight of 120 pef and a submerged unit weight of 58 pef for granular soil backfill above buried structures. This assumes backfill is placed and compacted as structural fill." The project shall be conditioned as follows: The elevation and location of all utility systems of a structure shall be designed to prevent floodwaters from entering the structure( s). Where possible, all new and replacement water supply systems and onsite sewage disposal systems shall be located outside the flood hazard area. All new and replacement sanitary sewage systems shall be designed to eliminate buoyancy and to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Onsite or alternative proprietary sewage systems meeting Treatment Standard 2, as defined I WAC 246-272, or subsequent amendments, may be installed in flood hazard areas, provided the performance of the system component providing the level of treatment is not impaired during flooding. 18. SEP A The SEP A Responsible Official issued a Final Threshold Determination (MDNS with 30 conditions) on May 9,2006 per WAC 197-11-340 and 197-11-510. The appeal period ended on May 23,2006. No appeal was filed on the final threshold. Conditions 1 through 30 recommended in this staff report were also mitigations for the SEP A threshold. MLA05-00520 Beckett Point Sanitary Improvements Page 20 of 23 ITE~J1 __-1 3 3 2 () of z.3 RECOMMENDED CONDITIONS SEPA 1. The project shall comply with all recommendations within the geotechnical report prepared by Myers Biodynamics Inc. dated June 16,2005 and any subsequent amendments or addendums to this report. 2. Prior to commencing construction, the proponent shall schedule a pre-construction conference with its contractor and the Public Works Department. Contact Jim Pearson.at 360-385-9162 to schedule this meeting. 3. All work for this project shall be landward of the ordinary high water line (OHWL). If the project is revised to include work waterward of the OHWL or the project is revised to include work conducted landward of the OHWL which would impact the water of the state (i.e. water quality) or affect the natural rate of sediment delivery to the beach from either impoundment behind a structure or increased erosion, prior to commencing work the applicant shall contact WDFW, Randi Thurston, at (360) 895-6123 for details on HPA requirements. 4. The elevation and location of all utility systems of a structure shall be designed to prevent floodwaters from entering the structure(s). 5. Where possible, all new and replacement water supply systems and onsite sewage disposal systems shall be located outside the flood hazard area. 6. All new and replacement sanitary sewage systems shall be designed to eliminate buoyancy and to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. 7. On-site waste disposal systems shall be located to avoid impairmentto them or contamination from them during flooding. Onsite or alternative proprietary sewage systems meeting Treatment Standard 2, as defined in WAC 246-272, or subsequent amendments, may be installed in flood hazard areas, provided the performance of the system component providing the level of treatment is not impaired during flooding. 8. Groundwater-monitoring wells shall be installed near the perimeter of the site to monitor actual nitrate levels migrating from the project area. 9. Work areas at Becket Point will be restricted to existing improved areas, including the prism of Beckett Point Road, private driveways, and landscaped areas at homes to be included in the upgraded septic system. 10. Best management practices, including the use of sedimentation fencing, will be used to protect water quality for local area waters and the wetland during construction. 11. After installation ofthe force main and hookups for individual homes, disturbed areas will be graded to the pre-construction contour. Paved driveways and Beckett Point Road will be MLA05-00520 Beckett Point Sanitary Improvements Page 21 of 23 ITEM .,,~~--1.~ 3 ,,-kLof zj' - resurfaced with pavement. Disturbed vegetated areas will be reseeded in compliance with the Ecology stormwater manual. 12. Tree clearing shall be limited to that required to install the LOSS. 13. Land clearing and grading operations on the LOSS site shall occur between July 31st and February 15th only, to' avoid impacts to nesting herons. 14. Prior to commencing development activity, the proponent shall obtain a Class 4 General Forest Practices Permit from the Washington State Department of Natural Resources. Contact Ross Goodwin at (360) 732-7175 for details on Forest Practice Permit requirements. 15. Future residential connections to the Large On-Site Septic System (LOSS) are subject to Jefferson County approval and may include the recording of an Assessor's Plat. 16. The approval of the LOSS permit does not vest future development on these parcels. All building permits are subject to Jefferson County review and may include the recording of an Assessor's Plat. 17. Upon completion of installation and maintenance projects, banks shall be restored to preproject configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. 18. Utilities shall be installed adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. 19. Utilities installed in the water, beach, or upon tidal areas shall assure that water quality and marine life will not suffer degradation. 20. Installation of utilities shall assure the prevention of siltation or beach erosion. 21. 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. 22. Both during and after installation, utilities shall assure that geohydraulic shore processes and marine life are basically maintained in their natural condition. 23. 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. 24. Flammable or toxic materials shall not be stored in areas subject to flooding. 25. Prior to commencing development activity, the proponent shall obtain the appropriate utility permits from Jefferson County Public Works Department. Contact Terry Duff at (360) 385- 9159 for details on utility permit requirements. 26. All septic tank abandonment's and new tank/grinder pumps shall be permitted by JCPH. The drainfield and other appurtenances will be approved by DOH. MLA05-00520 Beckett Point Sanitary Improvements Page 22 of 23 , '''''<i'''..'' "~."",,f-.~..~' i ;, ,)':\: ,,,.; ~ ; _. ,~~,', ... ',,# ..,,#, ." '5 ~. ~,t. i ~ ~'~l'" v -"'."--'",-,,,,, ";0>0= I5If ~~1O\'f_ ",z_~O'f 2./3 27. Applications for tank/grinder pump tank installation and septic tank abandonment's must be submitted by a licensed septic system designer or engineer licensed by the State of Washington. 28. All tank/grinder pumps installation locations must conform to code whenever feasible; waivers and mitigation will be required when nonconforming installations are necessary. 29. All waivers will be will be reviewed by JCPH and considered for approval on a case-by-case basis. 30. A copy of the most up-to-date plans should be submitted to JCPH as soon as possible. DEVELOPMENT REVIEW 31. This project shall comply with the on-site sewage disposal best management practices in critical aquifer recharge areas as found in 18.30.180 JCC. 32. It shall be the affirmative duty of the applicant who proposes a minor utility development to determine if any state or federal permits or licenses are necessary and then to obtain those permits or licenses at their own expense. 33. Environmental impacts resulting from installation or maintenance of utilities should be minimized. Areas disturbed during construction shall be replanted with native vegetation and maintained until firmly established. Clearing shall be confined to that necessary to allow installation and to prevent interference by vegetation once the system is in operation. 34. Utilities and transportation facilities shall be installed in the same rights-of-way when the effect will be to reduce the adverse impacts on the physical environment. 35. The applicant shall submit a final "as-built" drawing to the Jefferson County Department of Community Development drawing upon completion of the installation. 36. The applicant and/or representative shall contact the Development Review Division of the Permit Center (360-379-4450) regarding a final inspection for compliance of conditional use permit conditions. 37. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. Jefferson County Department of Community Development phone number is 360-379-4450. MLA05-00520 Beckett Point Sanitary Improvements Page 23 of 23 LOG ITE~;i1 # /33 pr>:: .,.::-. "? "2 0/1:' 23 . C",;,.w:::iii#' vv ..: ~ ,~~."'tfn'"c".."",..",.......~,"""_,, . ... _