HomeMy WebLinkAbout012 Final SEPA DNSJEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/CommunityDevelopment
FINAL DETERMINATION OF NON-SIGNIFICANCE AND LEAD AGENCY STATUS
FOREST PRACTICES PERMIT APPLICATION CASE NO. FPA2022-00001
DATE: November 29, 2022
Proponent: Charles and Heather Southard
Application: MLA22-00065 - FPA2022-00001
PROJECT LOCATION: Parcel number 001334021; S33 T30N R1W TX 56 PARCEL 2 OF
SURVEY V16/P116; 155 NIGHT OWL RD, PORT TOWNSEND WA 98368
NOTICE IS HEREBY GIVEN that Jefferson County has issued a final determination of
non-significance (DNS) under the State Environmental Policy Act rules (Chapter 197-11
WAC) for the following project:
PROJECT DESCRIPTION: 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 and forestry roads,
with 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 Weinber Engineering
LLC.
NOTICE OF LEAD AGENCY: Jefferson County has determined that it is the appropriate lead
agency for SEPA review of this proposal.
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/CommunityDevelopment
DETERMINATION OF NON-SIGNIFICANCE: Jefferson County has determined that the
above-described proposal would not have a probable significant adverse impact on the
environment, and an environmental impact statement is not required. This decision was made
after review of a completed environmental checklist and other information on file, as well as
comments submitted in response to the preliminary DNS issued on October 12, 2022.
COMMENT PERIOD: This DNS is issued after using the optional DNS process in Washington
Administrative Code (WAC) 197-11-355. Jefferson County has considered comments on the
preliminary DNS. There is no further comment period on the threshold determination.
APPEAL PERIOD: Any appeal of this determination on the basis of non-compliance with the
provisions of Chapter 43.21C RCW (State Environmental Policy Act) must be submitted in
writing (via mail, email, or personal delivery) with the required appeal fee by 4:30 p.m. on or
before December 9, 2022 to the Jefferson County Department of Community Development
(DCD, 621 Sheridan Ave, Port Townsend, WA 98368) or hsmith@co.jefferson.wa.us for
consideration by the Jefferson County Hearing Examiner. The DNS may be appealed to the
Hearing Examiner pursuant to JCC 18.40.280(3)(b), Chapter 2.30 JCC, and the Hearing
Examiner Rules of Procedure. The open record public hearing on the SEPA appeal shall be
before the Hearing Examiner, who shall consider the appeal together with the decision on the
project application in a single, consolidated hearing. The appeal must be in writing, in
conformance with JCC 18.40.330, and be filed within 14 calendar days after the threshold
determination is issued as set forth in subsection (4) of this section. Appeals of environmental
determinations under SEPA shall be consolidated with any open record hearing on the project
permit.
PROJECT PLANNER: H. Smith
Josh D. Peters, SEPA Responsible Official Date
11/29/2022