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HomeMy WebLinkAboutLog091 ..JUL-21-2006 FRI 12:58 PM DO" REGIONAL OFFICE FAX NO, 3_07 6305 p, 01 . FAXNUMBER . ~u>O-37~ -<-J~5 j DATE: FAX COVER SHEET I TIME: I # OF PAGES 1- (o~ . TO: ~- FROM: REMARKS: ~ l.) l"-\- Washington Department Of Ecology Southwest Regional Office 300 Desmond Drive SE P.O. Box 47775 Olympia, W A 98504';7775 Phone: (360) 407-6300 FAX: (360) 407-6305 RECEIVED JUL 2 1 2nDS JEFffRSOI COUNlYDCO #'!t'ITEM Page I of...s lV/(!()~' ~f.sCL~G' ti-w (j s-) /{O f(jlal1,,) - - <",~a}.4 Thank you for the opportunity to comment on the amended mitigated detennination of nOnSignificance for the Ludlow Cove Division 2 project (MLA06-00221), located on Paradise Bay Road in Port Ludlow as proposed by Port Ludlow Associates, LLC. The Department of Ecology (Ecology) reviewed the enviromnental checklist and has the following comment(s): / JUL-21-2006 FRI 12:58 PM D~SW REGIONAL OFFICE FAX NO, 36~7 6305 p, 02 RECElVED JUl 2 1 2006 J[~,. iftm'!~ilIV nJ\~ nfUWUl1 bij:~.( n k; l; lJ STATE OF WASHINCTON DEPARTMENT OF ECOLOGY PO Box 47775 . Olympia, Washington 98504-7775 . (360) 407-6300 July 21, 2006 Ms. Barbara Nightingale Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, W A 98368 Your add ress is in the Quilcene- ,Snow '" watershed Dear Ms. Nightingale: TOXIC CLEANUP: Chuck Cline (360)407-6267 Original SEP A comments still apply concerning detection of contamination and reporting of such (see enclosure). Ecology's comments are based upon the information provided with the SEPA checklist. As such, they do not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office ODN:06_0S-S608) Enclosure cc: Chuck Cline, TCP Mark Dorsey, Port Ludlow Associates (Applicant) Lyn Keenan, Reid Middleton, Inc. (Agent) ....... o .__J~L=21-20_~~!RI _13:59 PM DO.W REGIONAL OFFICE FAX NO. 360~7 6305 P. 03 ,. . . " ~ STATE Of WASHINGTON . DEPARTMENT OF ECOLOGY PO Box 47115 . Olympia, W.tlhinJfon 985lJ4.1115. (360) 407.-6300 ;RECI~IVK~ lD . JUL 2 1 2006 JEffERSDN COUNTY .DiuID Mach 2.2005 . Ms. Michelle Farfan Jefferson County, . Department of Community Development ~lopmcnt Review Division 621 Sheridan Street Port Townsend, W A 98368 Dear Ms~ Farfan: ' Tboak you Ibr tile ~Iy to __ on 1ho ~ COllIlIIIoIiaB Ibrtba LudloW CoW DiviPoll n project(Caso Nos. SUSOS.ooo04; 80P05..oooo1: ZONOS..ooooS) locatec:l OD.Panu:lise BaylloaCl in Port Ludlow as proposed by Port Ludlow Assooia~s, u.c. We revieWed thc'Cnvifomnental checklist and have the fol101'lini comments: " .' ',' . , ' , " Your address, Is in the', " Qullcene- SnoW , watershed The proposal baa bMn classified as ''re"idcmrial". which apPears ~,b~ _lctC,in.~.tlK,; .' projcot. Tbc proposal is for time-share condominiumi. a fonn oftranSieni ~~'which ~. from tb1l time residential use. Tho projeot also appears to include oommercillactivitiea although t}iCse are miirimaily described. so more exact definition of assOCiated ameniU4ils for pests should ,be described and will need to be revieWed for applicable policies and regulations in the shordine IIlIst<< Program. - Non-watcr-dependent commercial deVelopment in shoreline jurisdiction nqui1'esshot'e1inc. ~ ' use approval., " ,.' " .' . Whether or not comm~ciall8 well is residential aetivities are in faCt ~sect we beli~tbo public acce8S mandate of~ Shoreline ManaJement Act olevly applies to this liCVeloPinerii., '1'heptoposal'as tc:o.cJeml would priJvideinsufficient opportunity for public enjoyment of these Shorelines of Stattwide . SignifICance. We note in the materials pt'Ovided. applicants writtM intention to limit the use ofpathways aloog tbC '. shoreline to residentS of the proposed development. The appiication states. that li~1 access to.~ lite to a sinsle. private acc:eaIlTOBd .....win not be injurioUS totheneilbbolhood or public welfare." 'IbiS' ' assertion, focusec! on the access J08d. also has Jelevancc to shorel_ issues becatlSC the: prn'io~y plumed waterfront trail intended for public use is now,proposed bein& limited 10 resideDtsonly. The statement appeen in that conteXt unsupported and jncon'eCt. " ," . . , .' .' We belieVe approval oCthil proposal as tendered would be inconsist. with. the poli_ Of the Jefferson County Shoreline Master Procram. and t\Ot in keepins with the lsgislati:ve intent in the. Shoreline Manapment At;t (90.58.020). Policies in the Jeft'crson County Shoreline Mastex: Prowam state, for Urban Designated shoreline areas. "Public access to and along the water's edIe should be 0()0fdinat&ld in a walkway system and linked tq acljaecnt existing or futuTC waJkways:t Urbm development shOuld provicJe for public views to the water. _.:I:;' ".. ' 0 JUL-21-2006 FRI 12:59 PM ~SW REGIONAL OFFICE FAX NO. 3'11t07 6305 P. 04 t ( March 2, 2005 Page 2 RECEIVED . . , JUL 2 1 2006 JHitiSH tOUllY DLD The master program states, "Provisions to enhance the public's use and enjoyment of the shorelines and waters of the state shall be included with new substantialdevelopments or any change in the principle property use to a new conditional use occurring along the shoreline" and "Developments shalt be designed so as not to block, adversely interfere with. orreduce the public's visual and physical access to the water and shorelines of the State." The proposed waterfront trail needs to open to the public and must be linked with trail systems on adjoining lands, enabling residents of other Port Ludlow subdivisions and the public ~ continuing opportunity to enjoy pedestrian use of the shoreline areas on waters of the State. Provision for adequate public parking and proper signage need to be added to the proposal, The shoreline trail should be designed with appropriate vegetative buffers planted with well-chosen native speCies shTub and tree plantings. These should be designed to allow a sense ofprivacy/separation from adjoining , ) residential structures, and to enhance the natural character and habitat Value of the shoreline over the long term. . TOXICS CLEANuP: Chack Oble (360)407;"()Z67 I{contamination is currently known or observed during constrUction, sampling of the potentially . contamin~ted media must. be conducted. If contamination of soil or groundwater is readily visible, or is revealed by sampling. the Department of Ecology ~ust be notified. 'Contact the Environtnel1:tal Report 1'rac:kinsSystem Coordinator at the Southwest Regi~l Office at (361)) 407-6300. For. assistance and. inforination about subsequent cleanUp and to identify the type or testing thitt will be required contact~. ) ChuckClincat.(360) 407-6267. ' " W ATEll QUALITY: Betsy Dickes (360) 407-6294 Any discharge of sediment-laden,runoff Or other pollutants to waters of the state is in violation of ChaPteJ: 90.48, Water Pollution Control, and WAC 173-201A. Water Quality Standards for Surface Waters oCthe State of Washington, and is subject to enforcement action. Waters of the state include, bid are Dot limited to, waters In roadside dltehes, storm dra1us, wetlands, Ludlow Creek, the Type 5 stream; . and Port'LudlowBay. . ' Erosion control measures must be in place prior to' any clearing, grading, or constniction. These cOritrol :' measures must be effective to' prevent stonnwater nmoff from carrying soil and other pollutants into surface water or stann drains that lead to waters of the state. Sand, silt, clay particles, and soil will clamageaquatic habitat and are considered t~ be pollutants. If this project moves rorward~ a National PoUatioa Discharge RUmination System (NPDES) permit would be required~ The ~wner of a construction site which disturbs five acres or more' of total land area, and which has or will have a discharge of stormwater to a surface water or t!l a stonn sewer, must apply. for coverage under the NPDES and State Waste Discharge General Permit for Stonnwater Disi:harges AssQciated with ConstrUCtion Activities. . Owners of sites where less than five acres of tota1land area will be disturbed must also apply if the cO'nstruction activity is part of a larglef contiguous plan of development or sale in which more than five acres will eventually be disturbed. Discharge of stormwater from such sites without a permit is a .. JUL-21-2006 FRI 01:00 PM DOtljW REGIONAL OFFICE FAX NO, 360~7 6305 p, 05 March 2, 2005 , Page 3 RECEIVED Jlijt ~ 1 2006 JffffRSltN.lUI1 } i i..,,~U violation of federal and state law and the owner will be subject to enforcement action by the Department of Ecology or through third party lawsuits. . . . For construction of subdivisiOns, the five acre threshold, which triggers the NPDES permit requirement applic!I to land that is, disturbed by the land owner, land. owner's agent. or by an entity which has obtained a use agreement (e.g., tease, easement) from the land oWner. Include acreage which is disturbec;l (e.g., graded) priOf to its sale to independent con1ractor(s). . . A stOrmwater ,permit application form, referred to as a Notice of Intent, can be obtained by calling Ecology's Stonnwater Request Line (360) 407.71 S6 or Linda Matlock at (360) 407-6437. The NOI application fonn is also accessible inetectronic fonn on Department of Ecology' s website at: http://www.ecv.WB.,ovlnroifamslwqlstonnwater/constructionl#A,wtication Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the planned start of construction to avoid delays to the Project. , If you have. any questions or would like to respond to these comments please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (A W: 05-0805) 00: Chuck Cline, TCP Betsy Dickes, WQ Linda Matlock, WQfHQ Jeftree Stewart, SEA Mark Dorsey, Port Ludlow Associates (Applicant) Lyn Keenan, Reid Middleton, Inc. (Agent) - ......." o e e STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 · Olympia, Washington 98504-7775 · (360) 407-6300 July 21,2006 Ms. Barbara Nightingale Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, W A 98368 Your address is in the watershed Dear Ms. Nightingale: Thank you for the opportunity to comment on the amended mitigated determination of non significance for the Ludlow Cove Division 2 project (MLA06-00221), located on Paradise Bay Road in Port Ludlow as proposed by Port Ludlow Associates, LLC. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): TOXIC CLEANUP: Chuck Cline (360) 407-6267 Original SEPA comments still apply concerning detection of contamination and reporting of such (see enclosure ). Ecology's comments are based upon the information provided with the SEPA checklist. As such, they do not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office R JE fI" E,1J~ TE'4D. Ld ~ ",..di "~ J d jL-' (DN: 06_05-5608) Enclosure JUl 2420GB cc: Chuck Cline, TCP Mark Dorsey, Port Ludlow Associates (Applicant) Lyn Keenan, Reid Middleton, Inc. (Agent) JEffERSON COUNTY DeD ~' e e ." STATE OF WASHINGTON DEPAR~MENT OF ECOLOGY iR> lE(" Er~lE D PO Box 47775 · Olympia, Washington 98504.7775. (360) 407~6~). March 2, 2005 JUL 2 4 2006 JHffRSUN COUNTY DeD Ms. Michelle Farfan Jefferson County Department of Community Development Development Review Division 621 Sheridan Street Port Townsend, W A 98368 Your address is in the Quilcene.. Snow , watershed Dear Ms. Farfan: Thank you for the opportunity to comment on the prethreshold consultation for the Ludlow Cove Division II project (Case Nos. SUBOS-00004; SDP05-00002: ZON05-00005) located on Paradise Bay Road in Port Ludlow as proposed by Port Ludlow Associates, LLC. We reviewed the environmental checklist and have the following comments: SHORELANDS: Jeffree Stewart (360) 407-6521 The proposal has been classified as ''residential'', which appears accurate but incornplete in defining the project. The proposal is for time-share condominiums, a form of transient accommodation, which differs from full time residential use. The project also appears to include commercial activities although these are minimally described, so more exact definition of associated amenities for guests should be described and will need to be reviewed for applicable policies and regulations in the shoreline master program. Non-water-dependent commercial development in shoreline jurisdiction requires shoreline conditional use approval. Whether or not commercial as well as residential activities are in fact proposed, we believe the public access mandate of the Shoreline Management Act clearly applies to this development. The proposal as tendered would proVide insufficient opportunity for public enjoyment of these Shorelines of Statewide Significance. We note in the materials provided, applicants written intention to limit the use of pathways along the shoreline to residents of the proposed deve]opment. The application states that limiting access to the site to a single, private access road". . . will not be injurious to the neighborhood or public welfare." This assertion, focused on the access road, also has relevance to shoreline issues because the previously planned waterfront trail intended for public use is now proposed being limited to residents only. The statement appears in that context unsupported and incorrect. We believe approval of this proposal as tendered would be inconsistent with the policies of the Jefferson County Shoreline Master Program, and not in keeping with the legislative intent in the Shoreline Management Act (90.58.020). Policies in the Jefferson County Shoreline Master Program state, for Urban Designated shoreline areas, "Public access to and along the water's edge should be coordinated in a walkway system and linked to adjacent existing or future walkways:' Urban development should provide for public views to the water. o e e March 2, 2005 Page 2 The master program states, ''Provisions to enhance the public's use and enjoyment of the shorelines and waters ofthe state shan be included with new substantial developments or any change in the principle property use to a new conditional use occmring along the shoreline" and "Developments shall be designed so as not to block, adversely interfere with, or reduce the public's visual and physical access to the water and shorelines oCthe State." The proposed waterfront trail needs to open to the public and must be linked with trail systems on adjoining lands, enabling residents of other Port Ludlow subdivisions and the public a continuing opportunity to enjoy pedestrian use of the shoreline areas on waters of the State. Provision for adequate public parking and proper signage need to be added to the proposal. . The shoreline trail should be designed with appropriate vegetative buffers planted with well-chosen native species shrub and tree plantings. These should be designed to allow a sense ofprivacy/separation from adjoining , residential structures, and to enhance the natural character and habitat value of the shoreline over the long tenn. TOXICS CLEANUP: Chuck CliDe (360) 407-6267 If contamination is currently known or observed during construction, sampling of the potentially contaminated media must be conducted. If contamination of soil or groundwater is readily visible, or is revealed by sampling, the Department of Ecology must be notified. Contact the Environmental Report Tracking System Coordinator at the Southwest Regional Office at (360) 407-6300. For assis'tance and information about subsequent cleanup and to identify the type of testing that will be required contact Mr. Chuck Cline at (360) 407-6267. WATER QUALITY: Betsy Dickes (360) 407-6294 Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-20 lA, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Waters of the state include, but are Dot limited to, waters in roadside ditches, storm drains, wetlands, Ludlow Creek, the Type S stream, . and Port Ludlow Bay. Erosion control measures must be in place prior to any clearing, grading, or constrUction. These control measures must be effective to prevent stormwater ronofffrom carrying soil and other pollutants into surface water or stonn drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered t~ be pollutants. If this project moves forward, a National Pollution Discharge Elimination System (NPDES) permit would be required. The owner of a construction site which disturbs five acres or more of to tal 1 and area, and which has or will have a discharge of stormwater to a surface water or to a stonn sewer, must apply for coverage under the NPDES and State Waste Discharge General Permit for Stonnwater Discharges Associated with Construction Activities. Owners of sites where less than five acres of total land area will be disturbed must also apply if the construction activity is part of a larger contiguous plan of development or sale in which more than five acres will eventually be disturbed. Discharge of stormwater from such sites without a permit is a ~ . ~ March 2, 2005 Page 3 violation of federal and state law and the owner will be subject to enforcement action by the Deparbnent of Ecology or through third party lawsuits. For construction of subdivisions, the five acre threshold, which triggers the NPDES permit requirement applies to land that is, disturbed by the land owner, land owner's agent, or by an entity which has obtained a use agreement (e.g., lease, easement) from the land owner. Include acreage which is disturbed (e.g., graded) prior to its sale to independent contractor(s). A stormwaterpermit application form, referred to as a Notice ofJntent, can be obtained by calling Ecology's Stonnwater Request Line (360) 407-7156 or Linda Matlock at (360) 407-6437. The NO! application form is also accessible in electronic form on Department of Ecology's website at: htto://www.ecv.wa.goV/Drograms/wqlstormwater/construction/#Application Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the planned start of construction to avoid delays to the project. If you have any questions or would like to respond to these comments please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office In ![~' 11 ~, TYr~'~ ',(-'\, C. 'U' ) _J.J " (AW: 05-0805) JUL24 2006 JEffERSON COUNTY OeD cc: Chuck Cline, TCP Betsy Dickes, WQ Linda Matlock, WQIHQ Jeffree Stewart, SEA Mark Dorsey, Port Ludlow Associates (Applicant) Lyn Keenan, Reid Middleton, Inc. (Agent)