HomeMy WebLinkAboutFirst Amendment to Future Staffing Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: Julti /, g-4—
SUBJECT: Pleasant Harbor Master Planned Resort — First Amendment to the Future
Staffing and Consulting Agreement
STATEMENT OF ISSUE:
This is a request for approval of the attached First Amendment to the Future Staffing and
Consulting Agreement for the Pleasant Harbor Master Planned Resort("PHMPR").
In Ordinance No. 04-0604-18, the Board of County Commissioners ("Board") approved a
development agreement between the County and the developer of PHMPR and amended it in
2019. The development agreement, including all of its attachments, is about 1,000 pages long.
One of the attachments is Appendix N, a Water Quality Management Plan ("WQMP"). The
WQMP requires establishment of baseline water quality conditions for surface water. The
WQMP also requires a set of best management practices prior to the application for the first
development permit. Annual review of all the best management practices is required.
A future staffing and consulting agreement between the County and the developer was approved
by the Board on June 5, 2023 as part of the resolution of a billing dispute. Section 2.10 of the
Future Staffing And Consultant Agreement requires that 60 days before application for the first
development permit PHMPR provide report for comment by the County that:
• Establishes the baseline water quality conditions for surface water; and,
• Lists the best management practices to be applied so that when all appropriate
combinations of individual best management practices are utilized,the PHMPR will not
cause a violation of water quality criteria.
The First Amendment to the Future Staffing and Consulting Agreement memorializes an
agreement between the County and PHMPR that baseline water quality conditions for surface
water have been established and provides a list of agreed best management practices in
Appendix 1 that satisfies the requirement of the WQMP. The First Amendment to the Future
Staffing and Consulting Agreement removes the 60-day requirement in Section 2.10 because it
is no longer needed.
The 60-day requirement was added to the Future Staffing and Consulting Agreement to give the
County sufficient time to review and comment on any report purporting to satisfy the baseline
water quality and best management practices requirements. Staff,the County's contract planner,
and the County's environmental consultants have had sufficient time to review and comment on
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Regular Agenda
all data and reports submitted by PHMPR. Staff agrees that the baseline and best management
practices required in the WQMP will have been met, when Appendix 1 to the First Amendment
to the Future Staffing and Consulting Agreement is approved.
Removing the 60-day requirement would allow PHMPR to apply for demolition permits to
remove old structures from the former campground on Blackpoint in Brinnon,while the weather
is favorable this year. Demolition permits are "development permits" under the Jefferson
County Code. The structures to be demolished are from the former campground. These
structures mostly were built in the 1970s and have gone unused for many years. Many of these
structures are in poor shape and should be demolished.
Removing the 60-day requirement would not allow any construction at PHMPR, because only
a preliminary plat application has been received and has not been approved,and many additional
permitting steps must be completed before construction can begin.
ANALYSIS:
The report and the amended report satisfy the requirement in WQMP of establishing baseline
water quality for surface water prior to application for the first development permit. Appendix
1 of the First Amendment to the Future Staffing and Consultant Agreement satisfies the best
management practices requirement in the WQMP.
The original Section 2.10 of the Future Staffing and Consultant Agreement is compared below
to the proposed amendment:
Section 2.10 of the Future Staffing and Consultant Agreement
Original Language Amendment
Submission and Review of Report Submission and Review of Report
Required by Section VI(2) of the Water Required by Section VI(2) of the Water
Oualitv Monitoring Plan. PHMPR agrees to Ouality Monitoring Plan. PHMPR has
provide to JCWQ the report required by provided to the environmental consultant for
Section VI(2) of the Water Quality Jefferson County JCWQ a report dated June
Monitoring Plan which satisfies the 5, 2024 that is required by Section VI(2) of
performance standards required by Section the Water Quality Monitoring Plan, which
VI (8) of the Water Quality Monitoring Jefferson County's environmental
Plan. The report will include best consultant agrees establishes baseline
management practices to be applied so that conditions for surface water as required by
when all appropriate combinations of Section VI of the Water Quality Monitoring
individual best management practices are Plan. PHMPR and Jefferson County agree
utilized, PHMPR will not cause a violation that the best management standards attached
of water quality criteria. PHMPR will as Appendix 1 to this Future Staffing and
establish baseline conditions at least 60 days Consultant Agreement shall apply and satisfy
prior to submitting the first development the requirement in Section VI (8) of the
application, as required by Section VI of the Water Quality Monitoring Plan for a list of
Water Quality Monitoring Plan. JCWQ all best management practices to be applied
shall provide comments on the report to so that when all appropriate combinations of
PHMPR promptly. The format for the report individual best management practices are
2
Regular Agenda
Section 2.10 of the Future Staffing and Consultant Agreement
Original Language Amendment
shall be provided to JCWQ within 30 days utilized, PHMPR will not cause a violation
after the Effective Date. JCWQ shall of water quality criteria.
provide comments on the format of the report
to PHMPR promptly.
There is significant value to the County in approving the First Amendment to the Future Staffing
and Consultant Agreement, including:
• Having all the best management practices listed in one place in Appendix 1 will provide
a simple checklist for future compliance and will facilitate the required annual review of
best management practices;
• The list of best management practices in Appendix 1 to the amendment lists more best
management practices than those required for water quality;
• The amendment resolves a dispute between the County and PHMPR about interpretation
of Section 2.10 of the Future Staffing and Consultant Agreement in a way that will ensure
full compliance with the above requirements of the WQMP.
Accordingly, staff recommends adoption of the First Amendment to the Future Staffing and
Consultant Agreement.
FISCAL IMPACT:
Adopting the First Amendment to the Future Staffing and Consultant Agreement will allow the
parties to refocus on other important requirements for continuing the development process.
When completed in accordance with County Code and the development agreement, PHMPR
will provide a significant increase in the County's tax base and boost South County's economy.
In the short term, adopting the amendment will allow staff focused on the issues resolved by the
First Amendment to the Future Staffing and Consultant Agreement to move on to other
important projects, thereby increasing staff capacity.
RECOMMENDATION:
Approve and sign the First Amendment to the Future Staffing and Consultant Agreement.
REVIEWED BY:
Mark McCauley unty Administrator ate
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CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE!VEX I'PAGE)
CONTRACT WITH: PLEASANT HARBOR MARINA AND GOLF RESORT,LLP Contract No: PAO-2024-05
Contract For: Amendment of Future Staffing&Consuitsng Agreement Term: Indefinate
COUNTY DEPARTMENT: Oepart rent of Community Development
Contact Person: P,ep Hunsucker(PAO)
Contact Phone: 36G-385-9129
Contact email: ohunsuckerrco.Iefferson we us
AMOUNT: N/A PRO('F_SS: Exempt from Bid Process
Revenue: N/A _ Cooperative Purchase
Expenditure: N/A Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A — Vendor List Bid
Fund 4 NIA ._, RFP or RFQ
Munis Org/Obj N/A Other:
APPROVAL STEPS:
STEP I. DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
t
CERTIFIED: N/A:Q June 26, 2024
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ® N/A: C June 26,2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS Electronically approved as to form la
PAO on 6/26/2024.
STEP 7: SUBMIT TO BOCC FOR APPROVAL This contract was negotiated by the
PA8I8fit lSa 1f tWlTvPAO
a Q . 27/2024.
p A product.
FIRST AMENDMENT TO FUTURE STAFFING AND CONSULTANT
AGREEMENT FOR THE PLEASANT HARBOR MASTER
PLANNED RESORT
This First Amendment to the Futures Staffing and Consultant Agreement for the Pleasant Harbor
Master Planned Resort (this "First Amendment") amends the Future Staffing and Consulting
Agreement between Jefferson County and Pleasant Harbor Marina and Golf Resort LLP ("the
Agreement") is entered into as of the effective date.
RECITALS
WHEREAS,Jefferson County and PHMPR entered into the Agreement, effective June
5,2023; and,
WHEREAS,Section 2.10 of the Agreement requires that for surface water,"PHMPR will
establish baseline conditions at least 60 days prior to submitting the first development application,
as required by Section VI of the Water Quality Monitoring Plan;and,
WHEREAS,PHMPR's environmental consultant submitted a report to Jefferson County
on May 21,2024 stating that for surface water baseline conditions have been established;and,
WHEREAS, Jefferson County's environmental consultants have reviewed PHMPR's
report and the data submitted with it on May 21, 2024 and agree with the May 21,2024 report's
conclusion that for surface water baseline conditions have been established;and,
WHEREAS, the Water Quality Management Plan, Appendix N to the development
agreement("WQMP")states:
2. Prior to the date of application of the application for the first
development permit, the Resort must provide a report to the Jefferson County
Public Health's Water Quality Division(JCWQ)of the best management practices
to be applied so that when all appropriate combinations of individual best
management practices are utilized, the Resort will not cause a violation of water
quality criteria.
WQMP,Section IV.2; and,
WHEREAS,Section 2.10 of the Agreement requires that the required report"will include
best management practices to be applied so that when all appropriate combinations of individual
best management practices are utilized, PHMPR will not cause a violation of water quality
criteria;"and,
WHEREAS, the Parties agree that the list of best management practices attached as
Appendix 1 to this First Amendment satisfies the requirement in WQMP, Section IV.2;and,
WHEREAS,the purpose of the 60-day requirement in Section 2.10 of the Agreement was
to give Jefferson County adequate time to review and comment on a report discussing the baseline
and best management practices requirement;and,
1
WHEREAS,Jefferson County already has had adequate time to review and comment the
surface water baseline and best management practices requirement; and,
WHEREAS, the Parties agree having the list of best management practices attached as
Appendix Ito this First Amendment will facilitate the annual review of best management practices
required in the WQMP; and,
WHEREAS, the Parties desire to amend the Agreement to clarify that PHMPR has
satisfied the requirements for establishing the baseline for surface water and the best management
practices required by WQMP, Section IV.2 and, the 60-day review time is no longer needed before
submitting the report to apply for a development permit; and,
NOW THEREFORE in consideration of the mutual promises and obligations in this First
Amendment and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledge, the Parties agree as follows:
AMENDMENT
1. Definitions. Except as may have been modified in this First Amendment, the
definitions in the Agreement apply to this First Amendment.
2. Submission and Review of Report Required by Section VI(2) of the Water
Quality Monitoring Plan. Section 2.10 of the Agreement is deleted in its entirety and replaced
with the following:
Submission and Review of Report Required by Section Vl(2) of the Water Quality
MQniipring Pl�n PHMPR has provided to the environmental consultant for Jefferson
County JCWQ a report dated June 5,2024 that is required by Section VI(2)of the Water
Quality Monitoring Plan, which Jefferson County's environmental consultant agrees
establishes baseline conditions for surface water as required by Section VI of the Water
Quality Monitoring Plan. PHMPR and Jefferson County agree that the best
management standards attached as Appendix 1 to this Future Staffing and Consultant
Agreement shall apply and satisfy the requirement in Section VI (8) of the Water
Quality Monitoring Plan for a list of all best management practices to be applied so that
when all appropriate combinations of individual best management practices are
utilized, PHMPR will not cause a violation of water quality criteria.
3. Conflict. Capitalized terms used herein and not otherwise defined shall have the
meanings given in the Agreement. If there is any conflict between the terms, conditions and
provisions of this First Amendment and of the Agreement, the terms, conditions and provisions of
this First Amendment shall prevail.
4. Miscellaneous. Except as expressly modified by this First Amendment,all terms,
covenants and provisions of the Agreement shall remain unmodified and in full force and effect
and are hereby expressly ratified and confirmed. This First Amendment reflects the entire
agreement of the Parties with respect to amending the terms of the Agreement and this First
Amendment supersedes all prior discussions and understandings regarding the amendment of the
Agreement. With respect to the subject matter hereof, neither Party will be bound by any
2
understanding,agreement,promise,representation or stipulation,express or implied,not specified
herein. If any of the provisions of this First Amendment be found to be invalid, illegal or
unenforceable by any court of competent jurisdiction, such provision shall be stricken and the
remainder of this First Amendment shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the Parties.
5. Authority. Each Party represents and warrants that the person signing this First
Amendment on behalf of such Party is authorized to execute and deliver this First Amendment
and that this First Amendment will thereby become binding upon such Party.
6. Counterparts. This First Amendment may be executed in counterparts, each of
which will be deemed to be an original,but all of which together will constitute one and the same
document.
7. Effective Date. This First Amendment shall be effective on the date the last Party
signs it.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates
written below.
(SIGNATURES APPEAR ON THE FOLLOWING PAGES)
3
PLEASANT HARBOR MARINA AND GOLF RESORT,LLP
Joh ue-- 2E7— 44'-'
olbert,Project Manager
Date: — Z y- 2 o Z y
4
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
Kate Dean,Chair
Date:
Greg Brotherton,Member
Date:
Heidi Eisenhour,Member
Date:
Attest:
Carolyn Gallaway,
Clerk of the Board
Date:
Approved as to Form:
O1.414"4"L.-- June 24,2024
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Date:
5
APPENDIX 1
JUNE 11,2024 BEST MANAGEMENT PRACTICES
FOR THE PLEASANT HARBOR MASTER PLANNED RESORT
(INCLUDING THE PLEASANT HARBOR MARINA)
The following is a full list of best management practices(BMPs)PHMPR shall implement. Some
BMPs arc not water quality related and are included for convenience of a single document that
outlines all BMPs. The Pleasant Harbor Marina and Golf Resort LLP (PHMPR) shall use the
BMPs listed in this document at the Pleasant Harbor Master Planned Resort.
There are three phases in which the BMPs shall be used: Pre-construction, Construction, and
Operation. Some of the BMPs apply to all three phases. Some BMPs apply to specific phases.
PHMPR shall follow all of the BMPs listed in this document. Many BMPs are required by the
JCC or Development Agreement(including the Appendices). References to existing BMPs is for
convenience only and nothing in this list shall be construed to alter, amend or otherwise modify
the requirement in the JCC or Development Agreement.
BMPs that Apply During All Phases
1_ PHMPR shall comply with the requirements of all permits issued by any federal, state or
local agency that require environmental sampling or BMPs to protect the environment,
including but not limited to the 2010 Water Rights Certificate (Provisions) and the 2022
Superseding Water Rights Permit(Provisions).
2. PHMPR shall comply with all requirements of the applicable development regulations,
including but not limited to JCC 17.80.020.
3. PHMPR shall comply with all requirements of the Development Agreement,as amended,'
including but not limited to those in the listed in:
a. The Water System Plan,Appendix H to the Development Agreement;
b. The Wastewater Treatment Plan,Appendix I to the Development Agreement;
' JCC 18.40.860(4) ("Permits issued by the county after the execution of the development agreement shall be
consistent with the agreement.")and JCC 17.60.060. ("Any regulated land use or development activity within the
Pleasant Harbor MPR must also comply with the applicable development standards and requirements of:
(1)Conditions and requirements of Ordinance 01-0128-08;
(2) The mitigation measures required in the November 27, 2007, Final Environmental Impact Statement for the
Brinnon(also referred to as the Pleasant Harbor Marina and Golf Resort)Master Planned Resort(2007 FEIS),and the
Pleasant Harbor Marina and Golf Resort,Final Supplemental Environment Impact Statement December 9,2015(2015
FSEIS);and
(3)The terms and conditions of any development agreement entered into between Jefferson County and the developer.
Where conflicts occur between the provisions of this division and other applicable code provisions, applicable
mitigation measures, or applicable provisions of a development agreement between Jefferson County and the
developer,the more restrictive shall apply.")
6
c. The Vegetation Management Plan, Appendix L to the Development Agreement;
d. The Water Quality Management Plan,Appendix N to the Development Agreement,
as amended(WQMP).
e. The Neighborhood Water Supply Plan, Appendix 0 to the Development
Agreement, as amended;
f. The Groundwater Monitoring Plan, attached as Appendix A to Neighborhood
Water Supply Plan,Appendix 0 to the Development Agreement;
g. The Wildlife Management Plan, Appendix P to the Development Agreement, as
amended;
h. The Cultural Resources Management Plan, Appendix Q to the Development
Agreement;
i. The Tunicate Monitoring Plan, Appendix R to the Development Agreement, as
revised;
j. The International Dark Sky Plan,Appendix S to the Development Agreement;and,
k. The LEED Narrative,Appendix T to the Development Agreement.
4. PHMPR shall comply with all conditions and requirements of Ordinance 01-0128-08.2
5. PHMPR shall comply with all mitigation measures required in the November 27, 2007,
Final Environmental Impact Statement for the Brinnon (also referred to as the Pleasant
Harbor Marina and Golf Resort) Master Planned Resort (2007 FEIS), and the Pleasant
Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement
December 9,2015(2015 FSEIS).3
6. PHMPR shall preserve Kettle B by preventing it from being used for any stormwater
storage.4
7. For any violation of water quality criteria,PHMPR shall:
a. Take immediate steps to correct the violation and shall remedy any impact to water
quality caused by the MPR;5 and,
2 JCC I7.hf).O(,U(Requirements).
3 JCC 17 60 MO(Requirements).
See Section 4.I of the Development Agreement.
s Development Agreement,WQMP,Section VI.
7
b. Modify existing best management practices or apply further water pollution control
measures,selected or approved by the Washington Department of Ecology or JCQW,
to achieve compliance with water quality criteria.6
8. PHMPR shall conduct all environmental sampling and testing pursuant to the Quality
Assurance Project Plan (QAPP) dated May 21, 2024, modified to add the requirement in
Section IX of the WQMP that requires that"Sampling results must be reported to JCQW
immediately,but no later than within 48 hours after receipt by the Resort."QAPP,Section
IX '
BMPs that Apply During the Pre-Construction Phase
9. As required by JCC 17.80.020, the southern shoreline abutting Hood Canal has been put
into a permanent conservation easement from the ordinary high water mark to 200 feet
landward.s
10. Though located between these two public beaches,access to the public beaches on the trail
from the Property has been prohibited and will continue to be prohibited permanently.9
11. Surface water sampling shall be conducted on a quarterly basis until construction begins
for the proposed south development.10
12. Buffers and setbacks are required by Division II of Chapter 17 JCC or under Title 18 JCC
apply to the MPR-OSR zone." Setbacks and buffers (as well as conservation easements)
will be marked and double-fenced(with a silt fences and land disturbance barrier)prior to
the start of the construction phase.
BMPs that Apply During the Construction Phase
13. PHMPR shall provide erosion and sedimentation control during construction consistent
with an approved Stormwater Permit issued by Jefferson County and a Construction
Stormwater General Permit issued by the Washington Department of Ecology. Any
conditions attached to either permit shall be followed and TESC measures shall be
inspected regularly and maintained for the duration of construction.'
14. PHMPR shall comply with the County Stormwater Management requirements in JCC
18.30.070.13
15. The construction period work shall follow the 2019 Stormwater Management Manual for
Western Washington (SWMMWW) with 2022 errata, including development of project
b Development Agreement,WQMP,Section VI.
Development Agreement,WQMP,Section XA.
JCC 17 80 02t (Required mitigation measures during development and operations).
9 See Section 4.1 of the Development Agreement.
10 From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
"JCC 17.70010(Open Space Reserve(MPR-OSR).
t2 From Section 5.3 of Junc 5,2024 Krazan&Associates,Inc.Report.
13 Sec Section 8.3.1 of the Development Agreement.
8
specific stormwater pollution prevention planning(SWPPP) requirements of the National
Pollutant Discharge Elimination System (NPDES) Construction Stormwater General
Permit(CSWGP)issued by the Washington Department of Ecology.14
16. Land clearing and grading shall be performed in accordance with the drainage report and
Temporary Erosion and Sedimentation Control (TESC) Plan, dated Fall and Winter 2013
to 2014(as may be modified by agreement of Jefferson County and PHMPR),as required
for all land disturbing activities requiring a clearing and grading permit. Some items
required to be in the TESC Plan may not be known during the design phase and shall be
added to the TESC plan or site log book after the pre-construction meeting or as needed
during construction.15
17. Surface water sampling shall occur during a monthly basis during construction and shall
continue on a monthly basis after construction until modified by the County.16
18. Source control BMPs shall be established 90-days prior to close-out of the Construction
Stormwater Permit issued for the MPR."
BMPs that Apply During the Operation Phase
19. Permanent control of stormwater runoff from the MPR will be developed through selection
of appropriate BMPs and other measures to reduce and control the on-site and off-site
impacts of the MPR.'8
20.Kettle B shall be preserved and, per Section 5 of the Development Agreement, shall be
managed with the required Kettle Management Plan.
Marina Operation BMPs
21. All stormwater from impervious surfaces shall be captured and treated according to the
BMPs the redevelopment of the marina. Any change in marina operations that results in
additional stormwater discharges must be addressed consistently with the most current
edition of the Stormwater Management Manual for Western Washington before
discharge.19
22. There shall be no discharge of sewage or contaminated bilge waters at the marina.20
23. Pump out facilities shall be provided and operational at all times.Z1
"From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
"S From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
"From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
"See Section 5 of the Development Agreement.
"From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
19 JCC 17.x0 020(Required mitigation measures during development and operations).
20 JCC 17 RO.970(Required mitigation measures during development and operations).
Z'JCC 17 x0 020(Required mitigation measures during development and operations).
9
24. Cleaning of fish or sea life shall be prohibited within the controlled access areas of the
marina.
25. All project permits shall incorporate shellfish protection district guidelines.23
26. The marina shall have the right to inspect any vessel moored at its docks.24
27.The marina shall develop and manage an active boater education program appropriate to
the marina setting to supplement any Jefferson County program developed as part of the
shellfish protection district.25
28.New or significant expansions to existing fuel storage or transfer shall be prohibited on
marina floats,docks,piers,and storage lockers 26
29. No storage of oily rags, open paints, or other flammable or environmentally hazardous
materials except emergency equipment as approved in the emergency service MOU shall
be permitted on the docks.27
30. Painting, scraping, and refinishing of boats shall be limited to minor repairs when in the
water,which do not result in any discharge to the waters of the harbor.28
31.Any minor repairs must employ a containment barrier that prevents debris from entering
the marine waters.29
32. Shellfish harvesting notices and information will be available at the resort at specific
locations, such as the marina,maritime village and at the conference center."
33.The marina operations shall incorporate mitigation requirements consistent with Jefferson
County's shellfish protection plan, and shall integrate a boater education program into a
marina public education plan, which shall be implemented and maintained for so long as
the resort is in operation,as part of a resort habitat management plan.3'
34. The marina operations shall collect water quality data (from state sources so long as
available or from approved testing plan should the state sources move or not accurately
reflect Pleasant Harbor conditions), and shall be required to participate with Jefferson
County in an adaptive management program to eliminate, minimize, and fully mitigate
any changes arising from the resort and related Pleasant Harbor or maritime village.32
n JCC 17.80.020(Required mitigation measures during development and operations).
11)CC 17.80.020(Required mitigation measures during development and operations).
JCC 17.80.020(Required mitigation measures during development and operations).
zs JCC 17.80.020(Required mitigation measures during development and operations).
JCC 17.80.020(Required mitigation measures during development and operations).
JCC 17.80.020(Required mitigation measures during development and operations).
28 JCC 17.80.020(Required mitigation measures during development and operations).
2°JCC 17.80.020(Required mitigation measures during development and operations).
3°JCC 17.80.020(Required mitigation measures during development and operations).
'I From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
'Z From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
10
35. The marina operations shall conduct ongoing monitoring and maintain an inventory
regarding tunicates and other invasive species, and shall be required to participate with
Jefferson County and state agencies in an adaptive management program to eliminate,
minimizc, and fully mitigate any changes arising from the resort, and related to Pleasant
Harbor or the maritime village.J3
36. Runoff from the drive and parking area immediately adjacent to the Marina building will
be collected in catch basins and conveyed to a StormFilterTM manhole where replaceable
cartridges will provide filtration.This filtered runoff will be combined with roof runoff and
drainage from behind the building retaining wall and discharged through an existing point
discharge to Pleasant l.larbor.34
37. The Stormwater Site Plan, prepared for the Pleasant Harbor Marina in June 2013 and
attached as Appendix E to the Development Agreement, describes the permanent
stormwater control plan for those operations. Stormwater from the impervious asphalt
surfaces enters two catch basins that drain into one manhole that is fitted with a
StormFilterTM. This BMP calls for an annual check and replacement of the filters per the
manufacturer's specifrcations.35
Main Resort Operation BMPs
38. PHMPR shall ensure that golf course operations comply with the best practice standards
of the King County Best Management Practices for Golf Course Development and
Operation (1993), or their substantial equivalent, including, but not limited to, American
Golf Association standards.36
39.PHMPR shall ensure that golf course and resort facilities will participate in any adaptive
management programs required by Jefferson County,consistent with the WQMP and any
changes caused by the resort operations.37
40. Stormwater discharge from the golf course shall meet requirements of zero discharge into
Hood Canal. To the extent necessary to achieve the goal of designing and installing
stormwater management, infrastructures and techniques that allow no stormwater run-off
into Hood Canal shall be used.38
41. PHMPR shall ensure that golf course shall implement as a best management practice for
the operation and maintenance of the golf course a requirement to maintain a log of
fertilizers, pesticides and herbicides used on the MPR,and this information shall be made
available to the public.39
"From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
34 From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
35 From Section 5.3 of June 5,2024 Krazan&Associates, Inc. Report.
36 JCC 17.vi.020(Required mitigation measures during development and operations).
"JCC 17.X0.020(Required mitigation measures during development and operations).
JCC 17 0.020(Required mitigation measures during development and operations).
19 JCC 17 ti 020(Required mitigation measures during development and operations).
11
42. PHMPR shall collaborate at least annually with the Climate Action Committee or its
successor to calculate greenhouse gas emissions (GHGs) associated with the Pleasant
Harbor MPR, and identify techniques to mitigate such emissions through sequestration
and/or other acceptable methods.40
43. In keeping with an approved landscaping and grading plan,and in order to satisfy the intent
of JCC 18.15.135(6), and with special emphasis at the maritime village, the buildings in
the MPR should be constructed and placed in such a way they will blend into the terrain
and landscape with park-like green belts between buildings.41
44. Construction of buildings within the MPR boundaries shall strive to preserve trees that
have a diameter of 10 inches or greater at breast height(dbh). An arborist will be consulted
and the critical root zone shall be staked and flagged to ensure the roots and surrounding
soils of significant trees are protected during construction. To the extent possible, trees of
significant size(i.e., 10 inches or more in diameter at breast height(dbh))that are removed
during construction shall be made available with their root wads intact for possible use in
salmon recovery projects.42
45. All development within the MPR shall use the International Dark Sky Association (IDA)
Zone E-1 standards within the boundaries of the Pleasant Harbor MPR.43
46. PHMPR shall,at its expense, incur all costs for stewardship of the conservation easements
including but not limited to removing, when appropriate, naturally fallen trees, and
replanting to retain a natural visual separation of the development from U.S. Hwy 101.44
47- For the main Resort development, source control BMPs will be selected to provide
permanent(or operational)stormwater controls that comply with Minimum Requirements
of the2019 Stormwater Management Manual for Western Washington(SWMIvIWW)with
2022 errata. For the new and replaced hard surfaces and the converted vegetation areas.
These areas may include surface water runoff and infiltration to groundwater through
retention swales or ponds,this is required if new development creates 5,000 square feet of
impervious surfaces, or converts 3/4 acres, or more, of vegetation to lawn or landscaped
areas(such as the golf course).45
48. PHMPR shall operate the MPR in accordance with the Wastewater Treatment Plan,
Appendix Ito the Development Agreement.46
49_ PHMPR shall operate the MPR in accordance with the Vegetation Management Plan,
Appendix L to the Development Agreement.47
JCC 17.80.020(Required mitigation measures during development and operations).
41 JCC 17.80.020(Required mitigation measures during development and operations).
'2 JCC 17.80.02(1(Required mitigation measures during development and operations).
43 JCC 17_'0)020(Required mitigation measures during development and operations).
JCC 17_80..02Q(Required mitigation measures during development and operations).
43 From Section 5.3 of June 5,2024 Krazan&Associates,Inc.Report.
46 JCC 17.60.060(Requirements).
JCC 17.60.060(Requirements).
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50. PHMPR shall operate the MPR in accord with Water Quality Management Plan,Appendix
N to the Development Agreement,as amended(WQMP)."
51.PHMPR shall operate the MPR in accord with the Water Quality Monitoring Plan attached
as Appendix N and the Neighborhood Water Supply Program attached as Appendix 0 to
the Development Agreement. This includes the protection of groundwater.49
52. PHMPR shall operate the MPR in accord with Neighborhood Water Supply Program,
Appendix 0 to the Development Agreement.5°
53. PHMPR shall operate the MPR in accord with the Groundwater Monitoring Plan,attached
as Appendix A to Neighborhood Water Supply Plan, Appendix 0 to the Development
Agreement.51
Prior to the issuance of a certificate of occupancy, the parties shall review and modify as
necessary the BMPs that apply during the operation phase.BMPs for Annual Review and
Adaptive Management
54.The BMPs shall be reviewed annually by PHMPR.52 A report discussing PHMPR's annual
review with any recommendations for change shall be provided to JCQW on or before
January 1, of each year. JCWC shall comment on the recommendations and propose any
revisions on or before March 1 of each year. JCWC and PHMPR shall agree on any
modifications by March 30 of each year.If there is no agreement by March 30 of each year
on proposed modifications,the parties shall submit issue for dispute resolution pursuant to
this Agreement.
55. Adaptive management shall be applied during all phases53 to prevent or remediate
discharges from the MPR that may result in a violation of the Washington State
antidegradation policy reflected in RCW 90.48.080, as implemented in Chapter 173-200
WAC for groundwater and in Chapter 173-201 A WAC for surface water.54
44 JCC 17.60.060(Requirements).
"JCC 17.60.060(Requirements).
50 JCC 17.60 060(Requirements).
31 ICC 17.60_06f)(Requirements).
52 Development Agreement,WQMP,Section VI.
JCC 17.80.02(;Section 8.86 of the Development Agreement;and,Section II of the WQMP.
sa JCC t 7.x0.020.
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