Permit Case Summary

Case Number: Search Help

Case Number:BLD2006-00311 Case Status:Finaled Date Received:5/31/2006
Description:Stand alone stormwater with SEPA for disposal site for projects in the area. The initial proposal is for the disposal of approximately 2,600 cubic yards of material from the fossil creek stream stabilization. This proposal analyzes the disposal of a maximum of three feet of material over a one acre portion of a 96 acre parcel. Some of the disposal areas are located on abandoned road beds. All disposal areas are located over 50 feet from Type 5 streams and 225 feet from wetlands in the area. Jefferson County has issued a Mitigated Determination of Non-Significance (MDNS) for the proposal. Date Issued:8/1/2006
Applicant:MARK THURSTON Expiration Date:8/1/2007 12:00:00 AM
Site Address:OIL CITY RD Case Finaled:11/30/2007
Parcel No:613111000 Other Cases Parcel Data Map It More Details

Case Actions
Below is a list of actions that have been taken by staff for this permit case. They are sorted based on the date they were added to the database with most recent actions at the top. A value in the "Date Completed" field indicates that the action has been completed.
Description: File Archived
Date Completed: 11/30/2007
Disposition: DONE
Description: Set Status to F
Date Completed: 11/30/2007
Disposition: DONE
Description: Approve Permit-UF
Date Completed: 8/1/2006
Disposition: DONE
Description: Approve Permit-UF
Date Completed: 8/1/2006
Disposition: DONE
Description: Issue Building Permit (F)
Date Completed: 8/1/2006
Disposition: DONE
Description: Building Permit Application(F)
Date Completed: 7/31/2006
Disposition: DONE
Description: Review Complete-U
Date Completed: 7/28/2006
Disposition: DONE
Description: Ntc of App +14-Publish-U
Date Completed: 6/28/2006
Disposition: DONE
Description: Ntc of App +14-APO-U
Date Completed: 6/28/2006
Disposition: DONE
Description: Det. of Completeness-UF
Date Completed: 6/26/2006
Disposition: DONE
Description: App Substantially Complete-U
Date Completed: 6/26/2006
Disposition: DONE
Description: Case Entered
Date Completed: 6/2/2006
Disposition:
Description: Septic Review Complete-U
Date Completed: 7/28/2006
Disposition: DONE
Description: Potable Water Approval
Date Completed: 7/28/2006
Disposition: DONE
Description: Contractor License/Bond Info
Date Completed: 7/28/2006
Disposition: DONE
Description: Stormwater Review-U
Date Completed: 7/28/2006
Disposition: DONE
Description: Env. Sensitive Area Review-U
Date Completed: 7/28/2006
Disposition: DONE
Description: Consistency Review-U
Date Completed: 7/28/2006
Disposition: DONE
Description: RAP Review Complete-U
Date Completed: 7/28/2006
Disposition: DONE

Case Conditions
Below is a list of conditions for this permit case. Conditions typically record requirements that the applicant must meet to be in compliance with the permit.
Title: C-SEPTIC
Wording The installation of stormwater facilities may preclude the installation of an on-site sewage disposal system. Stormwater facilities must meet setbacks from onsite sewage systems as described in WAC 246-272 at the time of application for an onsite sewage system. Septic systems are required to be placed into native undisturbed soil. Removal of soil, disturbance or filling may limit placement of an onsite sewage system. Stormwater discharge cannot be directed to or across an onsite sewage system.

Title: C-ACCESS
Wording This applicant for this project is the Jefferson County Public Works Road Department. The proposed disposal sites are located off existing forestry roads and should not require new accesses off of Oil City Road, a county road (134309). Individuals (i.e. sub-contactors) implementing this proposal should contact the Jefferson County Public Works Department at (360) 385-9160 if new or modified road approaches are proposed from Oil City Road.

Title: C-SEPA WQ MITIGATION #1
Wording The Fossil Creek stream channel materials to be disposed of are described as ranging from silty sand to clay. Erosion control measures must be in place prior to the start of deposition of material at the disposal site and must be maintained until the site is fully stabilized. A permanent vegetation cover should be established on the sites if they are not otherwise permanently stabilized. Any discharge of sediment-laden run-off or other pollutants to waters of the state is in violation of Chapter 90.48RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action.

Title: C-SEPA WQ MITIGATION #2
Wording If the area of the material disposal site involves 1 acre or more of surface area and there is now or will be discharge of stormwater to surface water or storm drain that discharges to a surface water, coverage under a construction stormwater National Pollutant Discharge Elimination System (NPDES) permit will be required for this project. The permit application form, called a Notice of Intent (NOI) can be obtained by calling Ecology's Stormwater Request Line at (360) 407-7156, Joyce Smith at (360) 407-6858 or on Ecology's web site at http://www/ecy.wa.gov/programs/wq/stormwater/construction/#application. Applicants are encouraged to complete forms and to publish public notice more than 38 days prior to the planned start of their project, to avoid delays.

Title: Streamside Setback
Wording The identified Fish and Wildlife Habitat Area (Type 5 Stream), shall maintain a vegetative buffer setback of 50 feet as related to this proposal. The setback shall be measured horizontally from the Ordinary High Water Mark (OHWM) to the proposed fill.

Title: Identify Streamside Buffer
Wording A permanent physical separation along the boundary of the buffer area shall be installed and permanently maintained. Such separation can include installing logs, trees, a hedgerow, or any other prominent physical marking approved by the UDC Administrator.

Title: Mark Stream During Construction
Wording Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or every one hundred (100) feet, whichever is less. Signs shall be in place prior to and during construction activities. The signs shall contain the following statement: "Buffer - Do Not Remove or Alter Existing Vegetation."

Title: BMPs
Wording The project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems.


Case Findings
Below is a list of findings for this permit case. Findings typically record facts that the staff are using as the basis of their permit processing decisions.
Title: F-NATURE OF PROPOSAL
Wording The initial proposal is for the disposal of approximately 2,600 cubic yards of material from the fossil creek stream stabilization. Based on the source of this material (a stream) issues related to potential contaminated waste and aquifer recharge issues should not be a concern with this proposal. All disturbed areas will be have mulch, straw, or filter fabric and seeded with grass immediately after completion of the proposal. The proposed five disposal areas are located on abandoned road beds, which are 30 to 40 feet wide. The Type 3 & 4 Streams located on the property are approximately 700 feet away from the proposal. All disposal areas are relatively flat areas with minimal vegetation and are located over 50 feet from Type 5 streams, 350 feet from wetlands in the area, and outside of the floodplain. Based on the placement of material on the old road bed and the distance from the wetlands in the area, the marking of the wetland buffers has not been required. Stormwater run-off will be sheet flowed through the existing native vegetation and buffers to environmentally sensitive areas discussed above. The proposal is located within the interior on Rayonier's approximately 100 acre parcel, which is utilized for forest management. Based on the nature of the proposal, it should not impact the forestry activity being conducted on-site.

Title: F-ZONING
Wording This property is currently designated Commercial Forest by the Jefferson County Comprehensive Plan adopted August 28, 1998.

Title: F-SEPA ANALYSIS
Wording Summary of Potential Impacts from the proposal: EARTH: The county's GIS mapping indicates that the proposed disposal area would be located on relatively flat areas, which are abandoned forest roads. The proposed disposal areas would be a maximum of three feet deep by 40 feet wide by 200 feet long. The applicant is proposing that all disturbed areas will have mulch, straw, or filter fabric and seeded with grass immediately after completion of the proposal. Stormwater run-off will be sheet flowed through the existing native vegetation located adjacent to the proposal on the approximately 100 acres site. The proposal is not likely to result in a probable significant adverse impact to earth. AIR: Dust and engine emission would be related to the earth movement activities. This activity would be completed in a week or two. After this activity was completed the area will be covered with mulch, straw or filter fabric which will reduce wind erosion. Once the areas are reseeded with grass, the air impacts associated with the completed project would be those typically associated with forest management activities. The proposal is not likely to result in a probable significant adverse impact to air. WATER: Surface: The proposed disposal areas (abandoned forest road beds) are relatively flat areas with minimal vegetation. The proposed disposal sites are located approximately 700 feet away from Type 3 & 4 Streams located on the property. The disposal areas are located over 50 feet from Type 5 streams. The proposal is located over 350 feet from wetlands in the area, and outside of the floodplain. Groundwater: There is no water usage proposed as part of this proposal for the placement of 2,600 c.y. of material from the Fossil Creek Stream Stabilization proposal. The GIS mapping does not address Susceptible Aquifer Recharge and Special Aquifer Recharge Protection Area (SARPA) for the western portion of Jefferson County. However, based the source of this material (a stream) issues related to potential contaminated waste and potential impacts to groundwater should not be a concern with this proposal. However, the WA State Department of Ecology submitted a letter dated July 19, 2006 and brought up water quality concerns related to the silty sand and clay material proposed for diposition, the size of the disposal area, and potential stormwater discharge to surface water. The two conditions from this letter have been added as mitigation measures for the threshold determination. Based on these concerns a Mitigated Determination of Non-Significance (MDNS) has been issued for the proposal. STORMWATER Roads are considered impervious because the compaction & placement of material alters the rate on infiltration of stormwater. Therefore, the placement of sand and clay on these abandoned roads would not increase the amount of new impervious surface. Because the abandoned road bed have minimal vegetation, the proposal would not increase the land disturbing activity. Erosion and stormwater control measures that are part proposal and are addressed in the Earth Section above. These measures should ensure that erosion from wind or rain does not occur. The proposal is not likely to result in a probable significant adverse impact to water. PLANTS: Based on placing the material on abandoned road beds it is not anticipated that the proposal would impact existing vegetation or rare plants. The proposal is not likely to result in a probable significant adverse impact to plants. ANIMALS: The county's GIS system does not indicated there is any wildlife habitat located on the property. The application was routed to the WA State Department of Fish & Wildlife, and there were no concerns raised regarding impacts to wildlife from this proposal. The proposal is not likely to result in a probable significant adverse impact to wildlife. ENVIRONMENTAL HEALTH: During the earthmoving activity road there would

Title: F-Confirmed ESAs
Wording The application was reviewed by the Jefferson County Department of Community Development staff on June 26, 2005 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Type 3, 4,& 5 Streams, wetlands, stormwater, and adjacent to Lands Desiganted Commercial Forest.

Title: F-Adjacent Forest Land Disclosure
Wording Jefferson County has determined that the use of real property for agriculture and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within five hundred (500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal or manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations.

Title: F-Streams
Wording A Type 5 Stream (Fish and Wildlife Habitat Area) has been identified on the subject property. The stream will require a setback of 50 feet. The setback shall be measured horizontally from the Ordinary High Water Mark (OHWM). Fish and Wildlife Habitat Areas shall also have Buffers and Building Setbacks established.

Title: F-Buffers
Wording As related to this proposal, stream & wetland buffers are areas that shall be maintained in their natural condition, however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished.

Title: F-Native Vegetation List
Wording Among the native conifer species which may be used in buffers or for re-vegetation include, but are not limited to: Grand Fir (Aibes grandis), Sitka Spruce (Picea Sitchensis), Shore Pine (Pinus Contorta), Douglas Fir (Pseudotsuga Menziesii), Western Red Cedar (Thuja Plicata), and Western Hemlock (Tsuga Heterophylla). Among native tree species which may be used includes: Vine Maple (Acer Circinatum), Big-Leaf Maple (Acer Macrophyllum), Red Alder (Alnus Rubra), Pacific Madrone (Arbutus Menziesii), Quaking Aspen (Populus Tremula), Black Cottonwood (Populus Trichocarpa), Bitter Cherry (Prunus Emarginata), Oregon White Oak (Quercus Garryana), Cascara (Rhamnus Purshiana), Pacific Willow (Saliz Lasiandra), and Scouler's Willow (Saliz Scouleriana). Among the native shrub species which may be used are: Sevice-Berry (Amalanchier Alnifolia), Red Osier Dogwood (Cornus Stolonifera) Salal (Gaultheria Shallon), Ocean Spray (Holodiscus Discolor), Indian Plum (Oemlaria Cerasiformis), Pacific Ninebark (Physocarpus Capitus), Red Flowering Currant (Ribes Sanguineum), Wild Rose (Rosa Nutkana), Swamp Rose (Rosa Pisocarpa), Willows (Salix ssp.), Red Elderberry (Sambucus Racemosa), Snowberry (Symphoricarpos Albus), Evergreen Huckleberry (Vaccinium Ovatum), Red Huckleberry (Vaccinium Parvifolium).

Title: F-Wetland Delineation Waiver
Wording The project components are more than 250' from the mapped/identified wetland. The requirement for a wetland delineation and report is waived based on maintenance of a 225' buffer from the wetland per UDC Table 3-3.

Title: F-Stormwater
Wording Roads are considered impervious because the compaction & placement of material alters the rate on infiltration of stormwater. Therefore, the placement of sand and clay on these abandoned roads would not increase the amount of new impervious surface. Because the abandoned road bed have minimal vegetation, the proposal would not increase the land disturbing activity. Sections 18.30.060 and 18.30.070 of the Jefferson County Code requires that your proposal comply with Contruction Best Management Practices (attached).

Title: F-MDNS ISSUED & REVIEW PROCESS
Wording SEPA Reviewed under the State Environmental Policy Act (SEPA) by Jefferson County acting as lead agency. Notice of Type I Land Use Application (BLD06-00311) and Preliminary Threshold Determination for a Determination of Non-Significance (DNS) utilizing the optional process (WAC 197-11-355) was published in the July 5, 2006 edition of the Jefferson County Port Townsend Leader. The property was posted on July 5, 2006. On July 3, 2006 notice sent to agencies, the applicant/representative, and surrounding landowners. This included the WA State Departments of Ecology, Fish & Wildlife, Natural Resources, and the Hoh Tribe. Two comments were received regarding this proposal. The Washington Department of Ecology dated July 19, 2006. This letter addressed stormwater and water quality issues related to the proposal. The two conditions from this letter has been added at mitigation measures for the Final Threshold Determination and a Mitigated Determination of Non-Significance (MDNS) has been issued for this proposal. The mitigation measures are conditions of approval of this permit. An e-mail was received from Ian MacIver, Rayonier (landowner) who indicated that this proposed disposal site was selected with the input of the Hoh Tribe & WA Department of Natural Resources. The Final Threshold Determination of a MDNS is incorporated into this decision. There is no Administrative Appeal process under the JCC for Type I permit as specified by Sections 18.40.260 & 18.40.810(1) of the JCC. Appeal of a Type I permit requires a Judicial Appeal as specified by Section 18.40.340 of the JCC.

Title: F-Site Plan Changes
Wording The site plan as submitted with the building permit application (BLD 06-311) on May 25, 2006 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated July 28, 2006 shall be resubmitted for review and approval by Jefferson County Department of Community Development.

Title: F-Approval for _____ Only
Wording This approval is for the disposal of approximately 2,600 c.y. of material (from the Fossil Creek Stream Stabilization Project) at the 5 disposal sites outlined in this proposal only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits.