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Home My WebLink AboutSEP2008-00088 Gading - SEP Determinations - 6/18/2008 Planning Division P Q Box 279, Shelton, WA 88W (360)427-9670 ter MITIGATED DETERMINATION OF NONSIGNIf"ICA14CE (WAC 197-11-350) SEP2008-00088 WWa*d1 +#Pit' For grading > 500 cy (cut 8,254 and fill 6,443). Grading for stormwater collection, utilities, seplics/drainflelds, road. 20 home sites on 19 acres. Proponent- GLEN JURGES Site Address (it Assigned): . EtN M.R4i4EE C}1ra�aMQAn 10�: tam watt off of Grapeview Road to Atwater Avenue just south of Treasure Island Drive. Pares' Number, 12'10561 4001 Legal Description* DETROIT #2 PCL 1 OF SL.A #07-32 RTN ELKS 44,45,46 Lead Agency: Masan County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required ender RCW 3.21 C.030(2)(c). This decision was made after review of a completed E:nvironrnental Checklist and other information on file with the Lead Agency. This information is available to the public upon request, MITIGATED MEASURES ARE ATTACHED.. lease contact Rebecca Hersha at east. 593 with any questions, This DNS Is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown )elow, when the determination is final. Comments must be submitted to Dept. of Community )evelopment, P.Q. Box 279, Shelton WA 98584 by 714108. Appeal of this determination mast ae fired within a 14-day period following this final determination date, per Mason County Code hapter 16.11 Appeals. Authorizea Local o6vemment Official Date r'A'( "r C AG /0 r MA�WN COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT $ PlanningDivision P Q Box 279, Shelton, WA (360)427-9670 N0110E OF MASON ENVIRONMENTAL PERIV Notice is hereby given that GLEN JUDGES, who is the owner of the described property, has tiled an application on 06(11=008 for a Maser Environmental Permit for the development of- Road in wetland buffer, well and amass road in buffer, sWmwater ponds in buffer, buffer averaging, ... A determination of cotripleteness was made on: 6118/0 Site Address Parcel Number: 12105b 144001 Location of eject. Grapeview Loop Read to Atwater Ave. Turn west onto Atwater Oust South Treasure Island Rd. kde n Within, quarter won)of Section- tea Township: 1 N Range; 4 '" , W.M. in. Mason County Washington. Said development is proposed at Fair Harbor Tracts. Any person desiring to express their viewi to be acetified of the action taken on the application should notify. MASON COUWrY DEPARTMENT OF COMMUNITY DEVELOPMENT P 0 BOX 279 ritten comments must be received by 7IM08,. A decision on the application w#J be rude within 120 days cat the date of completeness A Determination of Nonsignificance was issued under WAC 1 '-11- 40. Written comments regarding this determination must be received by 7/4108. (WAC 197.11-350) ON4WOU CONDITIONS OF THIS DETERMINATION 1 l Development is subject to the Storm Drainage Report prepared by WestSound Engineering, Mated May 23, 2008 and the Drainage tart pared by WestSound Engineering, dated June 11, 2008. x 2) Residential development on shorelines and wetlands should t>e Manned with minimum adverse environmental and 'visual impact. Structures should be and located to riot significantly block views of adjacent residences. ? ) landfill for residential development which results in the creation of new dry IOW +wraterward of OHWM or in biological wetlands is prohibited. X 4) Grading is subject to the Grading and TESL Plant prepared by WestSound Engineering, dated June 11, 2008 removal of vegetation should to minimized and any areas disturbe( should be restored to prevent erasion and tither environmental impacts_ X b) 'Water duality is not to be degraded to the detriment of the aquatic environment as a result of this projeaT.T C iPG 30 3 Via email July 14, 2008 Ms. Rebecca Hersha Planner I Community Development Mason County, Washington Thank you for meeting with me on Thursday, July 10 regarding the development proposal by Glen Jurges in the Grapeview area of Mason County, specifically: Parcel Number: 121055144001 Legal Description: DETROIT #2 PCL 1 OF BLA #07-82 PTN BLKS 44,45,46 As I emphasized, I am extremely concerned about this development proposal and the harm it would cause to the community and, most importantly, to the waters of adjacent Case Inlet of Puget Sound. I am commenting specifically on the SEPA Mitigated Determination of Nonsignificance (MDNS) for the proposed Mason Environmental Permit for the construction of roads through environmentally critical wetland areas and creek buffer areas and the proposed construction of 20 homes on approximately 19 acres, which at first glance) appears as a density of less than one dwelling unit per acre in a rural area for which a maximum density of one dwelling unit per five (5) acres is prescribed by the State Growth Management Act, the Mason County Comprehensive Plan, and the Mason County Development Regulations (zoning). In actuality, the density will be significantly higher and as follows — I am using the old Detroit 2 Block designation (200 x 300 feet) and Mr. Jurges' submission as my point of reference: Block 46 = 6 Lots or 1 Lot per .22 acres. Block 54 = 3 Lots or 1 Lot per .46 acres. Block 57 = 5 Lots or 1 Lot per .28 acres Block 58 = 4 Lots or 1 Lot per .34 acres This is an extreme example of the kind of "sprawl" that the Growth Management Act was adopted to prevent because of its harm to numerous elements of the environment which will be detailed in the comments below. The MDNS must be withdrawn and a Determination of Significance (DS) must be issued because the proposed development would have unmitigated significant adverse environmental impacts on numerous elements of the natural and built environment, including the existing County land use plan, water quality of the creek that traverses the site, related wetlands, and adjacent Case Inlet of Puget Sound, plants and animals as a result of probable septic system failures over the useful life of the proposed development, which failures would pollute the creek and Puget Sound, adversely affecting the habitat for salmon and other species of plants and animals, air quality by unnecessarily introducing large quantities of greenhouse gases (GHG), which are the cause of climate change, without any mitigation measures to avoid, minimize, or compensate for such GHG emissions, energy and natural resources, with no mitigation measures to avoid, minimize, or compensate for energy use and waste, and transportation impacts because the proposed access to the 20 proposed homes would be in the formerly platted right of way designated as "Atwater Avenue" in an ancient plat, which once platted right of way no longer exists. By operation of state law, this formerly platted right of way reverted to private ownership and is owned by me, Robert Pastore and not by Glen ]urges. If this proposed development is approved on the basis of access by the so-called "Atwater Avenue Right of Way", that access will be successfully legally challenged and access will not be available by that route. As a result, lots could be sold and homes could be built that will have no vehicular access to the road system, a significant adverse impact on the road system that supposedly would serve the proposed development. The septic drainfields on Plat of Detroit 2 Block 55 (Tract"B" Drainfields) planned at nine (9) drainfields on 1.377 acres is a density of one (1) per .15 acre; the drainfield on Plat of Detroit 2 Block 59 (Tract"A" Drainfields) plans for eleven (11) drainfields or approximately one (1) per .125 per acre. Both of these drainfields are adjacent to, if not in, wetlands which were the subject of a dispute with the pervious land owners (Mr. Richard Scott and Mr. Craig Eldridge) and the Army Corp of Engineers (Letter dated July 21, 1998, Col. James Rigsby, USACE). The five mitigation measures included in the MDNS do not even come close to addressing all of the significant adverse environmental impacts. Two of them are not even mitigation requirements at all, but are merely recommendations ("should"). More specifically, the MDNS should be withdrawn and a DS should be issued for the following reasons. 1. The density of the proposed development is many orders of magnitude larger than the density that is allowed in Rural areas by the Growth Management Act (GMA) , the County Comprehensive Plan, and the County Development Regulations (zoning ordinance). The County contrary to the anti-sprawl goal of the GMA and County plan policies, allowed development on grossly substandard lots in this century-old plat even though the County could have required owners of contiguous substandard lots to consolidate those lots in order to meet the present one unit per five acre zoning requirement. Whether or not the County had authority to allow development of these substandard lots, such development has significant adverse impacts caused by such extreme sprawl that is diametrically in conflict with the County's land use plan policies regarding development in rural areas of the County. Impacts on existing land use plans are impacts on the built environment under WAC 197-11-444. The impacts of development many times over the density allowed by the existing County comprehensive plan for rural areas certainly is a significant adverse impact. Given the blatant conflict of the proposed development with current State and County policy for rural development, the impact certainly is significant and an Environmental Impact Statement(EIS) must be prepared. Even if the County may allow development on existing substandard lots, the County may not approve this specific development on such substandard lots, construction in wetlands and buffer areas, and grave potential septic system, stormwater, and other impacts on Puget Sound and salmon species residing in Case Inlet of Puget Sound. The County may not approve such development so extremely at variance with State and County policies for development in rural areas with high quality wetlands and a creek, served by septic systems, adjacent to Puget Sound without full awareness of the potential significant adverse environmental impacts by requiring preparation of an EIS. While the County code may allow development of substandard lots, all County approvals of development are subject to the County's substantive SEPA authority under RCW 43.21C.060 and WAC 197-11-660. Under this substantive SEPA authority, the County has broad authority to impose stringent mitigation requirements to protect the environment. Such mitigation requirements should include much larger lot size, less area of impervious surfaces, relocation and much stricter design requirements for septic systems, given their proximity to high quality wetlands, a creek, and Puget Sound. Given the urgency of protecting Puget Sound and the vulnerability of Case Inlet to pollution, it would be blatantly irresponsible for the County to allow this development to proceed without an EIS and stringent mitigation requirements. 2. The proposed development would unnecessarily construct roads and other facilities in wetlands and/or wetland or creek buffer areas. There are far greater areas of roadways, impervious surfaces, than is necessary if access were provided to the proposed development in the vicinity of the platted Griswold Avenue which is already the main access used by Mr. Jurges to his property. In addition, Griswold Avenue has long been considered by Mason County as a reliever for Grapeview Loop Road by extending it from its present terminus at Grapeview Loop Road and Mr. ]urges' property through to Route 3 . Along with the other significant adverse impacts of the proposed development, the County must have full awareness of potential significant adverse environmental impacts, alternatives, and the full range of potential mitigation measures by preparation of an EIS. Moreover, the proposed access road from Grapeview Loop Road not only would be constructed in environmental critical areas, but it is proposed to be located on land that I, 0 � NOTICE TO RETAIN MDNS SEP2008-00088 I 0084 This is notice that the County is retaining the SEPA Threshold Mitigated Determination of Non- Significance (MDNS)for SEP2008-00088 issued on June 18, 2008 by Mason County Planning Department. The proposed grading for future residential development nearby a jurisdictional stream and jurisdictional wetlands does not pose a significant environmental impact warranting a Determination of Significance(DS) and a subsequent Environmental Impact Statement(EIS). The proposal involves 146 lots that were platted in 1890 at a very high density. Despite the lot sizes not conforming to current zoning requirements, each of the original platted lots were allowed one dwelling unit(per Mason County Development Regulations 17.03.032 B. 2). However, Mr. Jurges,through a Boundary line Adjustment(BLA),has combined 146 of these lots into 20 home sites and has submitted an engineered stormwater plan for the project. Although his proposal does involve encroachment into the wetland buffers for road improvements and well access, it is arguably less than the impact that would have resulted had he sold each lot individually. Mr. Jurges has submitted a Habitat Management Plan to mitigate for the proposed impacts to the wetlands and their buffers. He has also obtained an approved Eagle Management Plan from the Washington Department of Fish and Wildlife. The drainfields for the 20 homes are located together on two lots that are not within the wetland or stream buffers. The Environmental Health Department has reviewed and approved the drainfield designs and locations. The Planning Department concludes that this proposal does not pose significant environmental impacts. Because this SEPA is accompanied with a Mason Environmental Permit (MEP), all conditions will be attached to the MEP at the time the MEP is issued. Commentors receiving notice: Bob Pastore P.O. Box 5 Grapeview, WA 98546 Richard Settle, Attorney Foster Pepper LLC 1111 Third Ave., Suite 3400 Seattle, WA 98101-3299 Steve Clark Steve.clark@purbond.com John and Judy Ringle Ring_lejc(d)engnorst.edu Steven Winter Winterhydro ,gmail.com Michael Fogde P.O. Box 108 Grapeview, Wa 98546 cc: Squaxin Tribe Commissioner Lynda Ring Erickson Glen Jurges, Applicant /