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HomeMy WebLinkAbout011 Agency Comments on Notice of Application STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Southwest Region Office PO Box 47775, Olympia, WA 98504-7775 • 360-407-6300 October 26, 2022 H. Smith, Project Planner Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Dear H. Smith: Thank you for the opportunity to comment on the optional determination of nonsignificance/notice of application for the Southard Full Moratorium Release Project (MLA22-00065) located at 155 Night Owl Road as proposed by Charles and Heather Southard. The Department of Ecology (Ecology) reviewed the environmental checklist and has the following comment(s): SOLID WASTE MANAGEMENT: Derek Rockett (360) 407-6287 All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from your local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department or Department of Ecology for proper management of these materials. TOXICS CLEANUP: Dean Malte (360) 999-9584 No confirmed or suspected contaminated sites are located on or within ¼ mile of the project area. If any contamination is unexpectedly encountered, please report it to Ecology (per WAC 173-340-300) via the online ERTS at https://ecology.wa.gov/Footer/Report-an-environmental-issue/statewide-issue-reporting-form. WATER QUALITY/WATERSHED RESOURCES UNIT: Joseph McCord (360) 791-5017 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. H. Smith October 26, 2022 Page 2 Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices (including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including, but not limited to: temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s)) will be required to be submitted. For additional information on contaminated construction sites, please contact Carol Serdar at Carol.Serdar@ecy.wa.gov, or by phone at (360) 742-9751. Additionally, sites that discharge to segments of waterbodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorous, or to waterbodies covered by a TMDL may need to meet additional sampling and record keeping requirements. See condition S8 of the Construction Stormwater General Permit for a description of these requirements. To see if your site discharges to a TMDL or 303(d)-listed waterbody, use Ecology’s Water Quality Atlas at: https://fortress.wa.gov/ecy/waterqualityatlas/StartPage.aspx. The applicant may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ - Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. H. Smith October 26, 2022 Page 3 Ecology’s comments are based upon information provided by the lead agency. As such, they may 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 (GMP:202205112) cc: Derek Rockett, SWM Dean Malte, TCP Joseph McCord, WQ From:DNR RE SEPACENTER To:Helena Smith Subject:FW: Date:Monday, November 14, 2022 3:26:33 PM ALERT:BE CAUTIOUS This email originated outside the organization. Do not openattachments or click on links if you are not expecting them. Hello Helena, “All areas on the property that are not being converted to non-forest use should be reforested to the standards in WAC 222-34-010.” Thanks, Ted Ted Allison Forest Practices District Manager Olympic Region Washington State Department of Natural Resources (DNR) (360) 460-4807 ted.allison@dnr.wa.gov www.dnr.wa.gov From: Helena Smith <HSmith@co.jefferson.wa.us> Sent: Wednesday, November 9, 2022 2:55 PM Subject: External Email Hello all, I am contacting you with a Notice of Application for MLA22-00065, a full release of a 6-year non- forestry permits moratorium with SEPA review. This email was scheduled to send on October 12, 2022. My apologies for the delay. If you have comments, please share them within the next two weeks, by Wednesday, November 23, 2022. Thank you for your time. The case documents are available at https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx? id=4104126&dbid=0&repo=Jefferson SITE ADDRESS AND PROJECT LOCATION: Parcel number 001334021; S33 T30N R1W TX 56 PARCEL 2 OF SURVEY V16/P116; 155 NIGHT OWL RD PORT TOWNSEND 98368 PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: Full release from a six‑year development moratorium including stormwater management permit and State Environmental Policy Act (SEPA) Review. The applicant requests a full release from the mandatory six‑year development moratorium placed on the property after the previous owner obtained Forest Practices Application (FPA) 2615192 timber harvest approval from the Department of Natural Resources (DNR). Cedarland Forest Resources LLC harvested 9 acres of the 10.3-acre property with a class II FPA from the Department of Natural Resources (DNR), approved on December 27, 2017. Per Jefferson County Code (JCC) 18.20.160 (5)(b) a mandatory six‑year development moratorium was placed on the property, set to expire December 27, 2023. The applicants Charles and Heather Southard bought the property on April 4, 2018, unaware of the development moratorium. The applicant is applying for a Type III Full Moratorium Release to build a single-family residence with associated residential development, and to plant 6 to 7 acres of native plants and viable timber. The site consists of 9 acres of harvested timber, forestry roads, and less than an acre of unharvested timber. The mapped and confirmed critical areas on the property are a Critical Aquifer Recharge Area and a Seismic Hazard Area. The Critical Aquifer Recharge Area does not require special reports. The Seismic Hazard Area is addressed in a Geotechnical Engineering Report prepared by GeoTest Services, Inc. on July 8, 2022. The applicants submitted an engineered stormwater plan by Weinberg Engineering LLC. SEPA: The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC) 197-11-355 is being used. This will be the only opportunity to comment on the environmental impacts of the proposal. DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS. This determination is based upon a review of the SEPA Checklist, project submissions, and other available information. Additional conditions or mitigation measures may be required under SEPA. Please send any comments to me at this email address or by mail to 621 Sheridan Street, Port Townsend, WA 98368. I can also be reached at 360-379-4484. Thank you for your time. Sincerely, H Smith, MPP Assistant Planner Jefferson County Community Development Ph: 360-379-4484 DCD will maintain limited customer interaction and recommends scheduling an appointment to meet with staff. DCD will no longer be accepting building applications by drop off or mail, you must schedule an appointment with front staff to submit. A mask and social distancing is recommended. Please visit our website https://www.co.jefferson.wa.us/dcd to see how we can best serve you during this time. All e-mail sent to this address has been received by the Jefferson County e-mail system and istherefore subject to the Public Records Act, a state law found at RCW 42.56. Under the PublicRecords law the County must release this e-mail and its contents to any person who asks toobtain a copy (or for inspection) of this e-mail unless it is also exempt from production to therequester according to state law, including RCW 42.56 and other state laws. From:Sissi Bruch To:Helena Smith Subject:RE: Date:Monday, November 14, 2022 8:27:18 AM ALERT:BE CAUTIOUS This email originated outside the organization. Do not openattachments or click on links if you are not expecting them. Thanks Helena, I appreciate the information. Sissi ___________________________ Sissi P. Bruch, PhD Environmental Planning Biologist Jamestown S’Klallam Tribe 360-461-3006 sbruch@jamestowntribe.org From: Helena Smith <HSmith@co.jefferson.wa.us> Sent: Monday, November 14, 2022 8:24 AM To: Sissi Bruch <sbruch@jamestowntribe.org> Subject: RE: Good morning Sissi, Thanks for sending these clarifying questions. 1. It seems that there is an existing barn already on the site, yet the land was considered vacant. Do you have any information regarding the building of the barn? We do not have any records on the construction of the barn. This is allowed for agricultural buildings because they are exempt from building permits under Jefferson County Code Chapter 15.05.040. Tax records do not include the building as an improvement and it has been taxed as vacant land. 2. Also, will this property be allowed to be subdivided in the future? No, under current zoning the parcel will not be allowed to subdivide. Per Jefferson County Code Chapter 18.35.110(4), subdivision is only permitted if the existing parcel is large enough that all resulting parcels would meet the zoning. This parcel is zoned RR1:20, so any subdivision would need to create parcels that are each at least 20 acres. Since the parcel is only 10.31 acres, it does not meet the conditions for subdivision. 3. Finally, is this property in a UGA area? Development should happen in UGA’s or cities. The creation of sprawl is a concern. How is the county ensuring that this does not become future sprawl? No, this property is not in an Urban Growth Area. The goal of the UGAs are to comply with the Growth Management Act and reduce sprawl. While not in a UGA, the property is zoned primarily for residential use. Please contact me if you have more questions. I look forward to receiving your comments Best wishes, H Smith, MPP they/them Assistant Planner Jefferson County Community Development Ph: 360-379-4484 From: Sissi Bruch <sbruch@jamestowntribe.org> Sent: Wednesday, November 9, 2022 3:54 PM To: Helena Smith <HSmith@co.jefferson.wa.us> Subject: RE: ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hi Helena, I have questions before I can submit formal comments. In reviewing this site, it seems that there is an existing barn already on the site, yet the land was considered vacant. Do you have any information regarding the building of the barn? Also, will this property be allowed to be subdivided in the future? Finally, is this property in a UGA area? Development should happen in UGA’s or cities. The creation of sprawl is a concern. How is the county ensuring that this does not become future sprawl? Thanks! Sissi ___________________________ Sissi P. Bruch, PhD Environmental Planning Biologist Jamestown S’Klallam Tribe 360-461-3006 sbruch@jamestowntribe.org From: Helena Smith <HSmith@co.jefferson.wa.us> Sent: Wednesday, November 9, 2022 2:55 PM To: Sherrie Shold <SShold@co.jefferson.wa.us>; Pinky Mingo <pmingo@co.jefferson.wa.us>; Randy Marx <RMarx@co.jefferson.wa.us>; Emma Erickson <EErickson@co.jefferson.wa.us>; Scott Bancroft <Sbancroft@jeffpud.org>; levi.puksta@dnr.wa.gov; ted.allison@dnr.wa.gov; John Fleming <JFleming@co.jefferson.wa.us>; allison.e.satter.civ@us.navy.mil; R6CSplanning@dfw.wa.gov; sepacenter@dnr.wa.gov; sepa@dahp.wa.gov; greg@portofpt.com; eric@portofpt.com; Brian Tracer <btracer@ejfr.org>; Bret Black <bblack@ejfr.org>; pbrummel@ejfr.org; scott_mauk@csd49.org; art_clarke@csd49.org; bgraham@jeffpud.org; shlanay1@skokomish.org; pgst-thpo@pgst.nsn.us; crossi@pnptc.org; Allie Taylor <ataylor@jamestowntribe.org>; Sissi Bruch <sbruch@jamestowntribe.org>; dlewarch@Suquamish.nsn.us; stephanie.jolivette@dahp.wa.gov; ngauthier@jeffersontransit.com Cc: lleach@peninsuladailynews.com; jlester@ptleader.com; jmcmacken@peninsuladailynews.com; jeffconews@peninsuladailynews.com Subject: Hello all, I am contacting you with a Notice of Application for MLA22-00065, a full release of a 6-year non- forestry permits moratorium with SEPA review. This email was scheduled to send on October 12, 2022. My apologies for the delay. If you have comments, please share them within the next two weeks, by Wednesday, November 23, 2022. Thank you for your time. The case documents are available at https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx? id=4104126&dbid=0&repo=Jefferson SITE ADDRESS AND PROJECT LOCATION: Parcel number 001334021; S33 T30N R1W TX 56 PARCEL 2 OF SURVEY V16/P116; 155 NIGHT OWL RD PORT TOWNSEND 98368 PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: Full release from a six‑year development moratorium including stormwater management permit and State Environmental Policy Act (SEPA) Review. The applicant requests a full release from the mandatory six‑year development moratorium placed on the property after the previous owner obtained Forest Practices Application (FPA) 2615192 timber harvest approval from the Department of Natural Resources (DNR). Cedarland Forest Resources LLC harvested 9 acres of the 10.3-acre property with a class II FPA from the Department of Natural Resources (DNR), approved on December 27, 2017. Per Jefferson County Code (JCC) 18.20.160 (5)(b) a mandatory six‑year development moratorium was placed on the property, set to expire December 27, 2023. The applicants Charles and Heather Southard bought the property on April 4, 2018, unaware of the development moratorium. The applicant is applying for a Type III Full Moratorium Release to build a single-family residence with associated residential development, and to plant 6 to 7 acres of native plants and viable timber. The site consists of 9 acres of harvested timber, forestry roads, and less than an acre of unharvested timber. The mapped and confirmed critical areas on the property are a Critical Aquifer Recharge Area and a Seismic Hazard Area. The Critical Aquifer Recharge Area does not require special reports. The Seismic Hazard Area is addressed in a Geotechnical Engineering Report prepared by GeoTest Services, Inc. on July 8, 2022. The applicants submitted an engineered stormwater plan by Weinberg Engineering LLC. SEPA: The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC) 197-11-355 is being used. This will be the only opportunity to comment on the environmental impacts of the proposal. DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS. This determination is based upon a review of the SEPA Checklist, project submissions, and other available information. Additional conditions or mitigation measures may be required under SEPA. Please send any comments to me at this email address or by mail to 621 Sheridan Street, Port Townsend, WA 98368. I can also be reached at 360-379-4484. Thank you for your time. Sincerely, H Smith, MPP Assistant Planner Jefferson County Community Development Ph: 360-379-4484 DCD will maintain limited customer interaction and recommends scheduling an appointment to meet with staff. DCD will no longer be accepting building applications by drop off or mail, you must schedule an appointment with front staff to submit. A mask and social distancing is recommended. Please visit our website https://www.co.jefferson.wa.us/dcd to see how we can best serve you during this time. All e-mail sent to this address has been received by the Jefferson County e-mail system and istherefore subject to the Public Records Act, a state law found at RCW 42.56. Under the PublicRecords law the County must release this e-mail and its contents to any person who asks toobtain a copy (or for inspection) of this e-mail unless it is also exempt from production to therequester according to state law, including RCW 42.56 and other state laws.