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DDR2007-00008 Hearing - DDR Letters / Memos - 5/11/2007
ro� to May 11, 2007 TO BE KEPT IN T`rI* Notice of Decision Special Use Permit PA V C�E_L FILE Case: DDR2007-00008 Applicant: Mason County Public Works Notice is hereby given that Mason County Public Works, who is the applicant for the above-referenced Special Use Permit, has been granted the Special Use Permit. The request was approved pursuant to the Mason County Program, specifically for the construction of a new Public Works Facility and Emergency Operations Center. The project was reviewed through the SEPA process under SEP 2007-00007. This County decision is final. No further appeals to the County decision are available. Appeals should be made through Superior Court. It is the appellant's responsibility to meet all legal requirements of any appeal process. If you have questions or require clarification on these issues please contact Pam Bennett-Cumming, Senior Planner with Mason County at 360-427-9670 x287. 1 6El c,f t� QD©ID I 2 ST BEFORE THE HEARING EXAMINER FOR MA % ffPT IN i I Phil Olbrechts, Hearing Examiner r%g— RE: Mason County Public Works FINDINGS OF FACT, CONCLUSIONS 4 OF LAW AND FINAL DECISION. 5 MCC 1.05.044 / Special Use Permit 6 DDR 2007 -00008 INTRODUCTION 8 The applicant has applied for a special use permit for the construction of a new 9 Mason County Public Works facility with administrative and training offices, 10 maintenance and fueling facilities, and emergency operations center. The Hearing Examiner approves the application with conditions. 11 ORAL TESTIMONY 12 See transcript. Pam Bennett Cumming introduced the Staff Report and exhibits into 13 the record and answered questions from the Hearing Examiner. 14 15 EXHIBITS 16 See Exhibits attached to Staff Report dated April 24, 2007: 17 FINDINGS OF FACT 18 Procedural: 19 1. Applicant. The applicant is Mason County Public Works. Staff contact is 20 Rick Hirschberg. 2I 2. Hearing. The Hearing Examiner conducted a hearing on the application 22 on April 24, 2007, at 1:00 p.m., in Mason County Board of Commissioners meeting chambers. 23 24 Substantive: 25 3. Site Proposal Description. The applicant proposes the construction of a new Public Works facility with administrative offices training and emergency and operations center(approximately 18,250 square feet) vehicle maintenance, road Mason County Public Works Facility p. 1 Findings, Conclusions and Decision I BFP660784.DOC;1/13009.900000/} maintenance, and crew building (approximately 26,250 square feet) sign fabrication 1 and storage building (approximately 5,150 square feet) covered equipment and wash 2 bay, vehicle and storage (approximately 23,300 square feet) employee and visitor parking with approximately 150 stalls; county road maintenance and other vehicle 3 parking, county vehicle fueling station; equipment storage; material storage including gravel pipe post and other materials used for roadway maintenance. 4 The proposed site is level to gently sloping, except for the most westerly portion of 5 the site which slopes upward to a hilltop area which is elevated approximately 50 feet 6 above the rest of the site. No development is currently proposed for the hill area. The area proposed for the facility has been logged, and is being cleared of stumps. 7 Previously the vegetation consisted of second-growth Douglas fir with an under story of sallow huckleberry and other native shrubs. 8 4. Characteristics of the Area. The site is located in the northerly portion of the Shelton urban growth area. The parcel immediately to the south is forested 10 [proposed county fairgrounds]. Beyond that lies the Port of Shelton and Sanderson Field Airport. Furthermore, to the south is the existing site of Mason County 1 1 Fairgrounds. The land to the east of Highway 101 is forested. The lands to the west are currently a combination of cleared vacant land and forested land, also located 12 within the urban growth area. 13 5. Adverse Impacts of Proposed Use. A SEPA Mitigated Determination of 14 Nonsignificance was issued on March 14, 2007. A revised SEPA notice was subsequently issued on March 20, 2007 to include an earlier omitted Salmonid 15 checklist and extend the comment period accordingly to April 3, 2007. A comment was received from the Squaxin Tribe dated March 20, 2007 addressing concerns 16 about the project's proposed groundwater withdrawal related to surface water impact. To address this issue, the County and the Tribe are developing a memorandum of 1 understanding to address the issue. As a result, Northwest Land and Water has 18 prepared a scope for Public Works Facility hydraulic impact analysis. See Exhibit 12. The Department of Ecology also commented in a letter dated March 30,2007 19 (See Exhibit 9) providing information on controlling erosion during clearing, grading and development. Both the Tribe's and Department's concerns are addressed in the 20 conditions of approval. During the hearing no testimony was received in opposition 21 to the project. 22 CONCLUSIONS OF LAW 23 Procedural: 24 25 1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the Examiner with the authority to review and act upon special use permit applications. Mason County Public Works Facility p. 2 Findings, Conclusions and Decision (BFP660784.D0Q 1/13009.900000/) Substantive: 1 2. Zoning Desi nation. The Mason County Comprehensive Plan/Development Regulations Zoning is Shelton Urban Growth Area. 3 3. Review Criteria and Application. This proposal requires a Special Use 4 Permit due to the requirements of the Mason County Development Regulations dated February 28, 2006, Section 1.03.028 which provides that essential public facilities shall require a Special Use Permit in any development area. The applicant's Special 6 Use Permit application is attached as Exhibit 11. Mason County Development Regulations Section 1.05.044 provides the decision criteria for review of Special Use 7 Permit applications. The criteria for Special Use Permit applications are quoted and addressed below with applicable Conclusions of Law. 8 9 MCC 1.05.044(A): That the proposed use will not be detrimental to public health, safety and welfare. l0 � 4. The proposed project will have no detrimental effect to the public health, l I safety and welfare. Currently, public works, administrative and maintenance functions are several miles from each other. The existing maintenance facility was 12 built more than 50 years ago, and is obsolete and too small to serve current and future 13 needs of the County. The County's existing emergency operations center is at a third location apparently in an older leased facility at the Port of Shelton. The new facility 14 will provide for all public services in one location in a purpose built facility centrally located and next to a major highway. Because the facility serves the public, 15 improvements will actually improve public health, safety and welfare. 16 MCC 1.05.044(B): That the proposed use is consistent and compatible with the 17 intent of the comprehensive plan. 18 5. According to the Staff Report, consistency with the Comprehensive Plan is provided as follows: the site is located in Shelton's urban growth area. Although 19 essential public facilities are allowed in any land use designation, the scale of this development will be more compatible with a more intense level of development 20 found in urban growth areas. Comprehensive Plan Capital Facilities Chapter 6 21 Land Use Policies, CF-105 provides "development of capital facilities within established urban growth areas [shall] conform to urban development standards." The Comprehensive Plan also provides that the County should develop and implement a long-range program of expansion and improvement to accommodate 23 the County's projected administrative staff requirements. This facility provides for expanded public works administrative and working facilities including future staff 24 growth, provision of training facilities, replacement and expansion of obsolete 25 maintenance facilities and substantially improved and modernized emergency operations. Comprehensive Plan, Chapter 6.9 provides for development of a Public Works master plan and construction of a multi-use facility to house the entire department. This facility will be the realization of that plan. Mason County Public Works Facility p. 3 Findings, Conclusions and Decision {BFP660784.DOC;1/13009.900000/} >r 1 MCC 1.05.044(C): That the proposed used will not introduce hazardous conditions 2 at the site that cannot be mitigated through appropriate measures to protect adjacent properties in the community at large. 3 6. As noted in the Staff Report, the proposed Public Works Facility will have 4 better buffering between this site and adjacent properties than existing facilities due to the scale of the parcel. More modern construction will allow for the installation of 5 the most up to date containment features for the new fueling facility, wash bay and 6 maintenance and storage facilities. The stormwater plan includes low impact development features including rain gardens, pervious paving, vegetated stormwater 7 features and native landscaping to conserve water. Treating stormwater in this manner on site allows for retention and aquifer replenishment. See Exhibits 4 8 through 6 in conjunction with preliminary drainage report received from engineer. 9 MCC 1.05.044(D): That the proposed use is served by adequate public facilities which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan. 11 7. As noted in the Staff Report, access to the proposed site is currently served 12 by State Highway 101. Water service will be provided by the existing well proposed to withdraw less than 5,000 gallons per day. Actual use is projected by public works 13 to be between 2,500 to 3,500 gallons per day. Rick Hirschberg with Public Works 14 testified that although withdrawal is projected at 2,500 to 3,500 gallons, net water usage after considering ground through infiltration will be much less than 2,500 l 5 gallons, Public Works proposes to connect to City water once it is extended. Sewage will be handled by an on-site septic system. Stormwater treatment and disposal will 16 be done on site and has already been engineered. Access is provided from State 17 Highway 101 with a second access point from State Route 102. 18 MCC 1.05.044(E): That the proposed use will not have a significant impact upon existing uses on adjacent lands. 19 8. As noted in the Staff Report, adjacent lands to the south are owned by the 20 County to provide for future relocation of the Mason County fairgrounds. Buffer 21 yards will also be provided per Mason County development regulations for lands to the north. Impact with adjacent lands is less likely than what would happen with a 22 similar development on the smaller parcel or at existing facilities. Low impact development practices will be used to further decrease impact not only to adjacent 23 lands but also to the subject parcel. 24 MCC 1.05.044(F): If located outside the urban growth area, that the proposed use 25 will not result in the need to extend the urban services. 9. As noted above, the site is within the Shelton urban growth area. Therefore, the above provision is not applicable. Mason County Public Works Facility p. 4 Findings, Conclusions and Decision {BFP660784.DOC;1/13009.900000/} 1 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 2 proposed development according to the following criteria: 3 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 4 2. Development does not impact the public health, safety and welfare and is 5 in the public interest. 6 3. Development does not lower the level of service of transportation and/or 7 neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 8 10. As noted above, this development does not conflict with the 9 Comprehensive Plan because the parcel is zoned as Shelton Urban Growth Area and l the project implements one of the projects identified in the capital facilities element. Review of the essential public facility is through the Special Use Permit. The 11 proposal meets the intent of the Mason County Code, Title 8. The proposal is outside of any stream, shoreline, wetland or landslide hazard area buffer/setbacks. The 12 proposal is within a Class II Critical Aquifer Recharge area and the motor vehicle service garage/gasoline station type portion of the use is permitted provided a 13 notification of aquifer is recorded with the Auditor's Office prior to permit issuance 14 and the project obtains a Mason County environmental permit and meets the necessary provisions. Title 6 and 16 do not apply. 15 In addition, this development does not impact the public health, safety and welfare 16 and in fact,based on the analysis provided under the special use criteria, may improve the public health, safety and welfare. The applicant has demonstrated that the 1 proposal will have minimal impacts. Stormwater impacts will be addressed in the 18 required stormwater site plan. As contained in Exhibit 12, public works proposals further minimize impacts through a Mason County Squaxin Tribe memorandum of 19 understanding relating to reduction of impact on the aquifer through low impact development minimizing water withdrawal and proposing to hookup to City of 20 Shelton water when it becomes available. 21 According to the staff, the proposal will not lower the level of service of 22 transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 23 DECISION 24 25 The Hearing Examiner approves the requested Special Use Permit subject to the conditions recommended by staff in the Staff Report dated April 24, 2007. Mason County Public Works Facility p. 5 Findings, Conclusions and Decision {BFP660784.DOC;1/13009.900000/} Dated this day of May, 2007. 1 2 ^� 3 Phil Olbrechts 4 Mason County Hearing Examiner _5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 2.5 Mason County Public Works Facility p. 6 Findings, Conclusions and Decision {BFP660784.DOC;1/13009.900000/1 f CASE INDEX Revised April 24, 2007 i v b"! KE�'�" Mason County Public Works PARCEL FILF DDR 2007-00008 Exhibit# Date Description 1 ____.April 24, 2007 Staff Report 2 _February 1,2007 Site Plan 3 March 9,2007 Vicinity Ma 4 February 1,2007 Clearing and erosion control plan 5 —February 1,2007 —Clearing and erosion control notes 6 _February 1, 2007 —Drainageplan 7 March 14,2007 SEPA determination 8 March 21, 2007 SEPA comment letter from Sic uaxin Island Tribe 9 March 30, 2007 SEPA comment letter from Department of Ecology 10 March 15,2007 Notice of Special Use Permit Application, SEPA determination and Hearing Notice 11 anuary 9 2007 Special Use Permit Application Exhibit 12 added below, April 24, 2007 12 April 24,2007 Northwest Land&Water Scope for Public Works Facility Hydraulic Impacts Analysis 2 2 Mason County Department of Planning Building I * 411 N. 5t" Street P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 April 24, 2007 TO: Mason County Hearings Examiner FROM: Planning Staff— Pam Bennett-Cumming RE: Special Use Permit (DDR2007-00008) for construction of a new Public Works facility and Emergency Operations Center. STAFF REPORT I. Introduction/overview: This report evaluates a proposal for construction of a new Mason County Public Works facility with administrative and training offices, maintenance, storage and fueling facilities, and Emergency Operations Center. Staff recommends approval of the Special Use Permit as conditioned. II. Applicant. Mason County Public Works. Staff contact is Rick Hirschberg. Ill. Property Location. The property is located on the northwest corner of the intersection of State Highway 101 and State route 102, approximately two miles north of Shelton. Site address is 12185 North State Highway 101 . Parcel number 420021000010, located within Section 2, Township 20 North, Range 4 West. IV. Project Description. Construct: New Public Works Facility with Administrative offices, training and Emergency Operation Center (18,250sq ft); Vehicle Maintenance, Road Maintenance Crew building (26,250sq ft); Sign Fabrication and Storage building (5,150sq ft); Covered equipment and wash bay, Vehicle and Material Storage: 23,300sq ft; employee and visitor parking with approximately 150 stalls; county road maintenance and other vehicle parking, county vehicle fueling station; equipment storage; material storage including gravel, pipe, posts and other materials used for roadway maintenance. For project details, see site plan — exhibit 2; area map — exhibit 3; clearing and erosion control plan and notes sheets — exhibits 4 & 5, drainage plan — exhibit 6 . V. Evaluations. A. Characteristics of the site. The proposed site is level to gently sloping, except for the most westerly portion of the site, which slopes upward to a hilltop area which is elevated approximately 50 feet above the rest of the site. No development is currently proposed for the hill area. The area proposed for l f the facility has been logged, and is being cleared of stumps. Previously the vegetation consisted of second growth douglas fir, with an understory of salal, huckleberry and other native shrubs. B. Characteristics of the area. The site is located in the northerly portion of the Shelton Urban Growth area. The parcel immediately to the south is forested (proposed county fairgrounds). Beyond that lies the Port of Shelton, and Sanderson Field airport. Further to the south is the existing site of Mason County Fairgrounds. The land to the east of Highway 101 is forested. Lands to the west are currently a combination of cleared vacant land and forested land, also located within the Urban Growth Area. C. Shoreline Designation. Not applicable. D. Comprehensive Plan Designation / Zoning. The Mason County Comprehensive Plan/Development Regulations zoning is Shelton Urban Growth Area. SEPA Compliance and other public notice. A SEPA Mitigated Determination of Nonsignificance was issued on March 14 2007. The SEPA notice was subsequently revised on March 20 2007 to include an earlier omitted salmonid checklist, and extend the comment period accordingly to April 3, 2007 (exhibit 7) A comment was received from the Squaxin Tribe dated March 20, 2007 (exhibit 8), addressing concerns about the project's proposed groundwater withdrawal, related to surface water impact. To address this issue, the County and the Squaxin Tribe are developing a Memorandum of Understanding to address the issue. The Department of Ecology also commented in letter dated March 30, 2007 (exhibit 9), providing information on controlling erosion during clearing, grading and development. A Notice of Application for Special Use Permit, SEPA determination and Hearing Notice (Exhibit 10) was posted in the Mason County Journal on March 15, 2007. Legal notice was posted on site and sent to adjacent property owners within 300 feet, also on March 15, 2007. VI. Other Permits/Approvals. The proposal will require Mason County Building Permit for construction, on-site septic system review and approval from the Mason County Health Department. The applicant has submitted the necessary Mason Environmental Permit for development within a Critical Aquifer Recharge Area (Chapter 17.01.080 of Mason County Resource Ordinance). Critical Aquifer Recharge Area Title Notification has been completed. The project requires a geological assessment as provided for in Mason County Resource Ordinance Landslide Hazard Area Chapter 17.01 .100, because the proposed development is within 300 feet of a slope greater than 15%. This has been submitted, reviewed and found to adequately address the project. VII. Analysis of Special Use Permit. This proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations, dated 2 i February 28, 2006, section 1.03.028 provides that Essential Public Facilities shall require a Special Use Permit in any development area. The applicant's Special Use Permit application is attached (exhibit 11). Vill. Applicable Special Use review criteria: Mason County Development Regulations section 1.05.044 provides the decision criteria for review of Special Use Permit applications. 1. Will the proposed use be detrimental to the public health, safety and welfare? Staff Response: The proposed project will have no detrimental effect to the public health, safety, and welfare. Currently Public Works administrative and maintenance functions are several miles from each other. The existing maintenance facility was built more than 50 years ago, is obsolete, and too small to serve current and future needs of the County. The county's existing Emergency Operations Center is at a third location - currently in an older leased facility at the Port of Shelton. The new facility will provide for all public services in one location, in a purpose-built facility, centrally located and next to a major highway. Because the facility serves the public, the improvements will actually improve public health, safety, and welfare. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: Consistency with the Comprehensive (CP) plan is provided as follows: The site is located in the Shelton Urban Growth Area. Although Essential Public facilities are allowed in any land use designation, the scale of this development will be more compatible with the more intense level of development found in urban growth areas. CP Capital Facilities Chapter VI Land Use Policy CF-105 provides: "Develop capital facilities within established urban growth areas to conform to urban development standards." The CP also provides that the County should develop and implement a long range program of expansion and improvement to accommodate the County's projected administrative staffing requirements. This facility provides for expanded Public Works administrative and working facilities, including future staff growth, provision of training facilities, replacement and expansion of obsolete maintenance facilities, and substantially improved and modernized emergency operations. CP Chapter V1.9 provides for "development of a Public Works master plan and construction of a multi-use facility to house the entire department." This facility will be the realization of that plan. 3 3. Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large? Staff Response: The proposed Public Works facility will have better buffering between this site and adjacent properties than their existing facilities, due to the scale of the parcel. More modern construction will allow for the installation of the most up-to-date containment features for the new fueling facility, wash bay and maintenance and storage facilities. The stormwater plan includes Low Impact Development features including rain gardens, pervious paving, vegetated stormwater features, and native landscaping to conserve water. Treating stormwater in this manner on-site, allows for retention and aquifer replenishment (exhibits 4-6, in conjunction with preliminary drainage report received from engineer). 4. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Staff Response. Access to the proposed site is currently served by State Highway 101. Water service will be provided by an existing well proposed to withdraw less than 5,000 gallons per day. Actual use is projected by Public Works to be between 2500-3500 gallons per day. Once city water is extended, Public Works proposes to connect. Sewage will be handled by an on-site septic system. Stormwater treatment and disposal will be done on site and has already been engineered. Access is provided from State Highway 101, with a second access point from State Route 102. 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? Staff Response. Adjacent lands to the south are owned by Mason County, to provide for future relocation of the Mason County Fairgrounds. As a larger parcel (over 24 acres, there is adequate buffering from adjacent uses). Buffer yards will also be provided per Mason County Development Regulations. Lands to the north. Impact to adjacent lands is likely less than would happen with a similar development on a smaller parcel, or at the existing facilities. In fact the Low Impact Development practices will further decrease impact not only to adjacent lands, but also the subject parcel. 6. If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Staff Response: Not applicable. The site is within the Shelton Urban Growth Area. 4 IX Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3), the Hearing Examiner shall review a proposed development according to the following criteria. 1 . The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. Staff Response: This development does not conflict with the Comprehensive Plan in that the parcel is zoned as Shelton Urban Growth Area. Review of the Essential Public Facility is through this Special Use Permit. The proposal meets the intent of Mason County Code, Title 8. The proposal is outside of any stream, shoreline, wetland, or landslide hazard area buffer/setbacks. The proposal is within a Class 11 Critical Aquifer Recharge area and the "motor vehicle service garage/gasoline station"type portion of the uses is permitted use provided a Notification of Aquifer is recorded with the Auditor's Office prior to permit issuance, and the project obtains a Mason environmental Permit and meets the necessary provisions. Title 6 and 16 do not apply. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: This development does not impact the public health, safety and welfare, and in fact, based on the analysis provided under the Special Use Permit Criteria, may improve the public health, safety and welfare. The applicant has demonstrated that the proposal will have minimal impacts. Stormwater impacts will be addressed in the required Stormwater Site Plan. Public Works proposes to further minimize impacts through a Mason County- Squaxin Tribe Memorandum of Understanding relating to reduction of any usual impact on the aquifer, through low impact development, minimizing water withdrawal, and proposing to hook up to City of Shelton water when it becomes available. 3. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff Response: The proposal will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. X Conclusions. With the attached conditions, the project is proposed consistent with the Mason County Development Regulations and Comprehensive Plan. Staff recommends conditional approval of the Special Use Permit. 5 Conditions for Special Use Permit No. DDR2007-00008 1 . A stormwater site plan with low impact development features such as pervious paving, rain garden infiltration and native vegetation, will be created and implemented prior to development, clearing, grading or construction of any portion of the proposed development. 2. The proposal shall be required to control erosion during construction. Removal of vegetation should be minimized and any areas disturbed should be restored to prevent erosion and other environmental impacts. 3. Site is within a portion of the county designated as Class II Critical Aquifer Recharge Area, under Critical Aquifer Recharge Area Chapter 17.01.080 of the Mason County Resource Ordinance. All provisions of the CARA chapter shall be followed including obtaining a Mason Environmental Permit, application of Best Management Practices on site, and an engineered stormwater site plan in compliance with Ecology's stormwater, water quality, Hazardous Waste, wetland and solid waste program BMP, and BMPs from the departments of Health, Agriculture, Transportation and State Conservation District Office. 4. Project applicant shall develop in compliance with Geotechnical report completed for this site by Aspect Consulting dated January 22, 2007 and updated March 26, 2007. 5. In accordance with discussion between Squaxin Tribe and Mason County at meeting on April 9 2007, Mason County and the Public Works department propose to work with the Squaxin Indian Tribe to craft a Memorandum of Understanding between the two governments, relating to proposed project measures, which further reduce impact to the aquifer beyond that of usual development impact,through a series of additional measures. These proposed measures and the memorandum are being developed, but would include such measures as low impact development, and minimizing water withdrawal through conservation measures, pervious pavement, stormwater infiltration, rain gardens and native vegetation, and proposing to hook up to City of Shelton water when it becomes available. Although this proposed Memorandum of Understanding is still underway as of this date, it is the understanding of the parties that it shall be completed and in place prior to the issuance of building permits for this project. XI Choices of Action. 1. Approval with conditions. 2. Denial. 3. Postpone the decision for further information. 6 A I B I gIT C�- K P, 1 � .o.a Helix ti design group 2 rs�Jl I 1 r 2 I/D 8 I --CAN N—VE a A—iEcts N:710846.785 E:982078.671 ruFg`( - PROPOSEDoLL SKI LLI NGS CONNOLLY ' ► ({.: 5016 Lacey 8oubvarC SE,Lacey.Wallington 98503 N:710844.272 1 � '--�-�'-I�'' (360)491-3399(800)454-7545 Fax(360)491-3857 0 _ E:98213J.795 r 1 �Ol7J � up �A 4 4 NOT FOR j f N W . ,, {; '`POND A CONSTRUCTION I � -c� TI 5 5 0,. 1 I — —x Z� { r 6 � � 7 7 SITE N:71J060.408 E:9829J6.J61 PLAN MASON COUNTY g �I PUBLIC WORKS F= �' I 8 4 MAINTENANCE ea FACILITY V SNELTON,WAS14INGTGN REVSION DATE 9 i DATE JOB NO. o N:710784.595 2.1.07 a05-051 E:98J443.061 DESIGN DEVELOPMENT 10 75 bo 10 C_1 SITS PLAN NOR711 a 2W SCALE I'-100'-d SCALE:4'-100'-0• -OI DRMMN4 WE A0 i .. ....nr .....,._.�. TopoZone - Johns Lake, USGS Skokornish Valley (WA) Topo Map Page I of I E)O+I� 6t- Q ?48�_ I ,11L cake , _ NX AWL 40� 4b. 3 AP N it- 44L AM t CD A Z vj M 7� _STY wk?[Ae vF Wr L r A— Fifle 831 'U 4 SANGERSON UJ 0 0.3 0.6 0.9 1.2 1.5 km G M 0 0.2 0.4 0.6 0.8 1 Mi UTM 10 489422E 5233446N (NAD27) Johns Lake, USGS Skokornish Valley (WA) Quadrangle M=18.196 Projection is UTM Zone 10 NAD83 Datum G=-O. 104 htti)://www.t000zone.COM/Drint.aSD?Iat=47.25638&lon=-]21-1399&-,i7e=lk-,VM-,hnvj--nkii 1/90007 EX�/ FO (T B I J I K a, Helix I � \\ design group 2 SKILLINGS 3 S ., CONNOLLY 5016 Lacey BouWvmrd SE,Lac",Washington 98503 (360)491-3399(800)454-7545 Fat(360)491.3857 S � J( \ I iV NOT FOR CONSTRUCTION j T 5 .0 5 TEMPORARY EROSION CONTROL FENCE 6 OPTIONAL 6 CONSTRUCTION ENTRANCE CLEARING 7 7 TEMPORARY EROSION CONTROL PLAN CE MASON COUNTY 8j l 4cr PUBLIC WORKS o O 4 MAINTENANCE N DISPERSAL FACILITY 544ELTON,WAS"INGTDN _)WN AREA REV15iON DATE RANCE 9 dF DATE joB W. 2 1.07 DESIGN DEVELOPMENT 10 2W w 10 C-2 wom op w 2w DRAWW.NO. !!I! E, T G J A I B ( J I K 1 1P_J, I _ GRADING AND EROSION CONTROL Helix 1. ALL WORKMANSHIP AND MATERIALS SHALL BE STANDARDS AND T11E MOST CURRENT COPY C 9 9 P STANDARD SPECIFICATIONS FOR ROAD, BRIDGI ' CONSTRUCTION(WSOOT/APWA). 2. A PRECONSTRUCTION MEETING WITH MASON C. 2 INSTALLATION OF EROSION CONTROL 3. PRIOR TO ANY WORK ON SITE,EROSION CONT 2 DRIVEWAY SHALL BE IN PLACE. 4. CONTRACTOR SHALL MAINTAIN ALL EROSION C OF PROJECT CONSTRUCTION AS DIRECTED BY 5. CONTRACTOR SHALL PROTECT ALL CATCH BA; FILTER FABRIC OVER INLETS AND SURROUNDIN I H x+nnUTE OF.x:�rtcrs FINAL PAVING ALL CATCH BASIN RIMS ARE TC .uem^ GROUND ELEVATION. 6. CONTRACTOR SHALL INSTALL PLASTIC ALONG C S K I L L I N G S PROTECTION. 7. CONTRACTOR TO INSTALL HAY BALE CHECK D,IERE IN ELEVATION OF 7 TO 10 FEET. ' 3 e. STOCKPILED DIRT MATERIAL SHALL BE COVERE 9. FILTER FABRIC FENCES SHALL BE MAINTAINED CO N N O L LY DISCHARGED OFF SITE IS AS FREE OF SEDIMEI FENCES AFTER EACH RUNOFF EVENT AND DAII REPAIR THEM AS NECESSARY. WHEN SEDIMENT E 5016 Lacey BmIevarA SE,Lacey,WasMrgtw 98503 THE SEDIMENTS OR BUILD A NEW FENCE PARP - (360)491-3399(800)454-7545 Fax(360)491-3957 10. THE CONTRACTOR SHALL BE RESPONSIBLE FOF CONSTRUCTION AND SHALL WATER DOWN ARE/ I CONFORMANCE WITH THE PERTINENT GRAYS Mi 11. ALL DISTURBED AREAS SHALL BE SEEDED PER MASON COUNTY. 12. ALL NEW CDETAL AND AND DRAINPIPE SHALL NOT FOR SHOWN IN OETAII, AND MAINTAINED ACCORDINI R. CATCHBASINS AND PIE SHALL BE CLEANED A a 1J. M TOPSOIL UNDER STRUCTURES,PAVING SECBO 4CONSTRUCTION ' AND SLABS AND ORGANIC MATERIAL FOR SHALL BE( AND SLABS ON GRADE. ALL SOILS SHALL BE f 90%OF ASTM D- 1557 OR 95R OF USC 70-1 NATIVE SOILS EXPOSED IN THE BOTTOM OF TMG TO OF FILL MATERIALS UNDER THE PAVING SECTIIATCH BASIN. MINIMUM DENSITY BY PROOF-ROLLING PRIOR SECTION. THIS INCLUDES PROOF-ROLLING IN- DISTURBED DURING CONSTRUCTION, AND ALL 14. FOR IMPORTED STRUCTURAL FILL A CLEAN, SI- GRAVELLY SAND(CLASSIFYING AS GW OR SW I METHOD 0-207)SHALL BE USED.NO MORE 1 5 0200 SCREEN AS TESTED BY ANSI/ASTM 0-11 MAY BE SUBSTITUTED WITH PRIOR APPROVAL rj 15. BACKFILL FOR WALLS RESTRAINING EARTH SH* GRAVEL BACKFILL FOR WALL TO ENSURE DRAIN — IF.. ALL FILL SHALL BE PLACED IN UNIFORM HORIZI CATCH LOOSE THICKNESS,CONDITIONED TO THE OPTIM BASIN COMPACTED TO THE SPECIFIED MINIMUM ENSII ALL UTILITY TRENCH BACKFILL SHALL BE COMP EARTHWORK SHALL BE PERFORMED UNDER THE TESTING OF BRADLEY-NOBLE GEOTECHNICAL C THE COMPACTION REQUIREMENTS. _ ' 17. PLACEMENT OF FILL SECTIONS ON SLOPES OF THE G TEDREY 6 �Y l ETF. VIER B LWILL E C BE DETERMINL BE BENCHED AS ED N THE FR ENGINEERIENCH NG GEOLOGIST. 6 /8. UNRESTRICTED SLOPES SHALL NOT EXCEED 2:1 EMBANKMENTS AND CUTS THAT EXPOSE NATIVE BY THE OWNER.ALL FILL SLOPES SHALL BE RC SHALL BE SEEDED AS SOON AS POSSIBLE AFTE ' ESTABLISHMENT OF VEGETATION TO PROTECT TI - -/ 19. PLACEMENT OF FILL WILL BE SUSPENDED DURIN anuaa _ WEATHER. NO FILL IS TO BE PLACED WHILE THE WOK IS STPEDRAN THE SOILS ENGINEER ORBENCINEERNG GEOLOCSTTDE CLEARING & CONTENT IS SUITABLE FOR COMPACTIVE EFFORT TEMPORARY FILL HAS NOT BEEN LOOSENED. THE CONTRACT DURING UNFAVORABLE WEATHER TO PROTECT TI I 7 AT MAY BE REQUIRED INCLUDE THE LIM TINGPROVIDE TEMPORARY DRAINAGE OF THE FILL � EROSION TO ENGINEER OR ENGINEERING GEOLOGIST, THE CM CONTROL THE REMOVAL OR EOU RED COMPACTION. KING of FILL THAT HA NOTES & 20 IN CASE EROSION OR ON OCCURS 1 CONSTRUCTION WORK WITHIN THE nDEVELOPMENT DETAILS ' IN THE FUTURE MUST CEASE AND THE OWNER/, 1 COMMENCE RESTORATION METHODS.RESTORATIC e SUCH TIME AS THE AFFECTED PROPERTY OWNEF, ie 21. SHOULD THE TEMPORARY EROSION AND SEDIMEF SHOWN ON THIS DRAWING NOT PROVE ADEDUAT MASON COUNTY SEDIMENTATION, THE APPLICANT/CONTRACTOR S 8 AS NECESSARY TO PROTECT ADJACENT PROPER PUBLIC WORKS WATER COURSES AND/OR STORM' DRAINAGE 5 8 If MAINTENANCE 22. IN ANY AREA WHICH HAS BEEN STRIPPED OF VI,/, FACILITY WORK IS AN71CIPATED FOR A PERIOD OF 30 OA' 6F BE NTH MULCHIP APPROVED EROOSION LCONTROLIZED TREATMENT APPLI 5uELTON, HA5HINGTON 5� OUESTION. GRASS SEEDING ALONE WILL BE ACCI OF APRIL THROUGH SEPTEMBER.INCLUSIVE.SEE WHENEVER IT IS IN THE INTEREST OF THE APPLI REVISION DATE ' AUGMENTED WITH MULCH,NETTING,OR OTHER T 9 4t 9 ' DATE im No. 2.1.07 a05-GBI DESIGN DEVELOPMENT ' 10 10 ' CLEARING A C_3' SULE:nIs FP_-01 DRAWN'NO. A I B i I K N x f-t1 g 1 1 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT o n' „= Planning Division y o P 0 Box 279, Shelton,WA 98584 �oJ �oY (360)427-9670 1864 MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2007-00007 Description of Proposal: Construct new Public Works Facility. Administrative offices, training and Emergency Operation Center: 18,250sq ft; Vehicle 9'1�1�i1` Maintenance, Road Maintenance Crew: 26,250sq ft;; Sign Fabrication and Storage: 5,150sq ft; Covered Vehicle and Material � \ Storage: 23 300s ft; employee parking approx 150 stalls; vehicle _� � � g q �k 0^ parking, county vehicle fueling station;d equipment storage; �" material storage including gravel, po te, posts and other materials used for roadway maintenance. C_ Proponent: MASON COUNTY PUBLIC WORKS r Site Address (If Assigned): Directions to site: North on 101 to intersection of 101 and 102. Site is on northwest corner. Parcel Number: 420021000010 Legal Description: TR 1 OF W1/2 NE Lead Agency: Mason 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 under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. MITIGATED MEASURES ARE ATTACHED. Please contact Pam Bennett-Cummiing at ext. 287 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 below, when the determination is final. Comments must be submitted to Dept. of Community Development, P.O. Box 279, Shelton WA 98584 by-3/3-t200?. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. 4 - a--�;�'� c� "�/l)6 7 Authorized Local Government Official Date MITIGATED DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-350) SEP2007-00007 CONDITIONS OF THIS DETERMINATION �) A Stormwater Site Plan (SSP) will be created and implemented prior to development, clearing, grading, or construction of any portion of the proposed segregation. X 2) Residential developers and individuals shall be required to control erosion during construction. Removal of vegetation should be minimized and any areas disturbed should be restored to prevent erosion and other environmental impacts.X 3) Site is within portion of the coundy designated as Class II Critical Aquifer Recharge Area, under Critical Aquifer Recharge Area Chapter 17.01 .080 of the Mason County Resource Ordinance. All provisions of the CARA chapter shall be followed including obtaining a Mason Environmental Permit, review of Best Management Practices on site, and an engineered stormwater site plan in compliance with Ecology's stormwater, water quality, Hazardous Waste, wetland and solid waste program BMP, and BMPs from the departments of Health Agriculture, Transportation and State Conservation District Office. 4) Project applicant shall develop in compliance with the Geotechnical report completed for this site by Aspect Consulting dated November 13, 2006. Q e SQUAXIN ISLAND TRIBE ..... ... ��... ;_. G .w.. ........._. .. .......... .. ...-. ....1......._ ........ .•:Art:.A(L%1W�\A.._�h':4'�5� �' I i I 21 March 2007 Barbara Robinson Dept. of Community Development Mason County POB 279 Shelton, WA 98584 j Dear Ms Robinson, E I am writing on behalf of the Squaxin Island Tribe about the mitigated determination of nonsignificance (MDNS) issued for the Mason County Public Works Facility (SEP2007- j 00007). I I On page 5, the Environmental Checklist notes that up to 5000 gallons per day of groundwater will be extracted to supply the facility. No impairment analysis is required in the Conditions of Determination to quantify the impact of this extraction on i streamflows protected under WAC 173-514. On January 23, 1984, WRIA 14 was closed to new groundwater appropriations including exempt wells when there is hydraulic continuity with surface water. Only single domestic wells are exempt from WAC 173-514. The only way to pursue an exempt well for this project is to establish that its use will not interfere with the maintenance of minimum flows in Johns Creek or Goldsborou h M Creek. Under RCW 19.27.097, the county has an obligation to make a determination of adequate water supply when buildingq permits are issued. Without an evaluation during the SEPA process or addition of a 5t condition in the MDNS, the county will not be able to make an informed decision. r Under these circumstances, I request the county reconsider issuance of a MDNS. I have attached a letter from Squaxin to Mason County dated August 4, 2004 that provides further details. If you have any questions, feel free to contact me at 432-3804 or ikonovsky H?squaxin.nsn.us. tncerely, 4 John onovsky, Environmental Program Manager Natural Resources Department / S.E. 2952 Old Olympic Hwy. / Shelton, WA 98584 Fax (360) 426-397I / Phone (360) 426-978I i SQUAXIN ISLAND TRIBE i August 4, 2004 Ron Henrickson I Count Administrator& Community Development Director Y tY p i Mason County P O Box 279 , Shelton WA 98584 I i I Dear Mr. Henrickson, I am writing on behalf of the Squaxin Island Tribe to express the Tribe's concern regarding Mason County's failure to meet an Important obligation under the Growth Management Act ("GMA"). Under the GMA, the local government must make a I determination whether an applicant for a building permit has provided evidence of an adequate water supply. RCW 19.27.097. The GMA also requires that the local government determine whether an applicant for a subdivision has made appropriate provisions for water supplies. RCW 58.17.110. It has come to the Tribe's attention that f Mason County is, at least in some cases; deferring such decisions to the Department of { Ecology ("Ecology"). In other cases, no water availability determination is made at all. i The purpose of the water availability determination is to ensure that developments are not permitted that do.not have or can not obtain a reliable source of water. This is a common sense requirement consistent with sound land use planning and natural resource management. This requirement has grown in significance since its creation in 1995. The impact of development and urbanization on stream flows has become more clear and the adverse impact of both on riparian habitat, water quality and flaw volumes is now widely recognized. These impacts are being felt in Mason County, and salmon and steelhead ! species are suffering as a result. The Attorney General's Office has issued an opinion in which it addressed obligations of local authorities under RCW 19.27.097. AGO 1992 No.17. The Attorney General concluded that local governments, not the state, have the authority and the responsibility to determine whether an applicant for a building permit has shown there is an adequate water supply. t SQQAXIN ISLAND TRIBE / 70 S.E. Squaxin Lane / Shelton, WA 98584 / Phone (360) 426-9781 Tribal Council (360) 426.9781 Natural Resources (360) 426-9783 Health Clinic (360) 427-9006 I I I In making this determination, the local government must consider both the quality and the quantity of the water. In its consideration of the quantity of the water, the local government must recognize the effect of the water right statutes, chapters 90.D3 and 90.44 RCW. "[A]ny applicant for a building permit who claims that the building's water will come from surface or ground waters of the state, other than from a public water I system, must prove that he has a right to take such water." AGO 1992 No. 17 @ *6. We are concerned that Mason County is not meeting its obligations under RCW 19.27.097. Johns Creek provides a particularly timely example. The Tribe is quite concerned with decisions regarding further surface and ground water appropriations in the Johns Creek watershed. Under Ch. 173-514, Johns Creek is closed to further appropriation between October 1 and November 30 of each year. The stream is chronically failing to meet the designated minimum flow of 7 cfs in late summer and early autumn. Diversion of surface water or withdrawal of ground water in hydraulic continuity with Johns Creek would take water from a closed stream and reduce flow in a stream already failing to meet its instream flow. The instream flow, which was established by j rule, has a priority date of January 23, 1984 and is therefore a senior right to any future appropriations. The Tribe also holds a senior water right in Johns Creek. Based on these facts, the Tribe believes that additional diversions of surface water or withdrawal of ground water are prohibited by the Water Code because water is not available, i If water is not available, the County cannot make the determination of an adequate water supply required by the GMA. Consequently, building permit applications in the Johns Creek basin must be denied, unless the applicant has secured a water source the use of which will have no impact on Johns Creek or its tributaries: Recently, Mason County approved a conditional use permit for the proposed McEwan Prairie Surface Mine. This despite the fact that the applicant itself predicts that the project will reduce flows in Johns Creek. This reduction in stream flow will adversely I impact senior water rights, i.e., the instream flow established by rule, which, during August and September are not currently being met, and will violate the closure of Johns Creek established in WAC 173-514-030. I Instead of denying the conditional use permit based on the lack of available water, the County simply deferred the issue to Ecology. This the County can not do under RCW 19.27.097. Johns Creek is only one example. Several other streams in Mason County are closed year around to further appropriations. These include Gosnell Creek and a tributary of Mill Creek. As such, surface water diversions and withdrawals of ground water in hydraulic continuity with these streams can not be authorized as no water is available for beneficial use. Several other streams are closed to further appropriation for parts of the year, including Goldsborough, Skookum, Alderbrook, Campbell, Elson, Jones, I • t I Jarrell Little Malane Shelton Uncle John Kennedy, Cranberry, Deer an y, y, ry, d Sherwood Creeks. Any proposed use of water that would appropriate water during the period of closure also can not be authorized. See WAC 173-514-040. Finally, a number of these streams have minimum instream flows established by rule. See WAC 173-514-030. These minimum flows have the same legal status as diversionary water rights. As such, any proposed use of water that would reduce the flow of water in one of these streams to an extent that the stream fell below its designated minimum flow, can not be authorized as the proposed use of water would ` impair a senior water right. I To summarize, impairing a senior water right, including an instream flow, or taking water from a closed stream is prohibited by the water code, Ch, 90.03 et seq. This is true whether the proposed use of water that would cause the impairment requires a water right permit or is exempt from the permit requirement. RCW 19,27.097 requires the County to make determinations of adequate water supply and not defer such decisions to Ecology. Given the water supply situation in Johns Creek, the Tribe expects the County will deny further applications'requiring appropriations from Johns Creek surface water or ground water in hydraulic continuity with the Creek. Likewise, the County must take similar actions when a proposed use of water would impair an instream flow or take water from other closed streams. ! Thank you for your consideration of the Tribe's concerns. if you have any questions or concerns please do not hesitate to contact me. Sincerely, Ra ' eters Executive Director Squaxin Island Tribe SE 10 Squaxin Lane Shelton, WA 98485 I I ' s 1 APR 0 2 2007 STATE OF WASHINGTON ` '' C;a• mNING LEPT DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 March 30,2007 Ms.Pam Bennett-Cumming Your address Mason County Y r is In the, Department of Community Development s Planning Division vorough PO Box 279 watershed Shelton,WA 98584 Dear Ms.Bennett-Cumming: g Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the New Public Works Facility Construction project(SEP2007-00007)located at the intersection of Highway 101 and 102 as proposed by Mason County Public Works. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): WATER QUALITY:Roberta Woods(360)4 07-6269 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. 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 storm drains that lead to waters of the state. Sand, silt,clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the stormwater ditches draining to waters of the state,the natural stormwater drainage system or cause water quality degradation of state waters. Construction of this project will disturb more than one acre of land surface. If there is pre- construction discharge of stormwater to waters of the state or will be discharge during construction, the project will require coverage under a Construction Stormwater National Pollution Discharge Elimination System(NPDES)permit,before the start of any clearing,grading or construction activity. The permit application form,called a Notice of Intent, is available on Ecology's website at: http://www.ec .wa.gov/programs/wq/stormwater/construction/#Application. Applicants are encouraged to submit completed forms and to publish public notices more than 38 days before the planned start of the project to avoid delays. Soil in stockpiles should be stabilized or protected with sediment-trapping measures to prevent soil loss. All exposed areas of final grade or areas that are not scheduled for work,whether at final grade or otherwise, shall not remain exposed and un-worked for more than two days,between October 1 and April 30. Between May 1 and September 30,no soils shall remain exposed and un-worked for more than 7 days. i�� March 30,2007 Page 2 Clearing limits and/or any easements or required buffers should be identified and marked in the field, prior to the start of any clearing,grading,or construction. Some suggested methods are staking and flagging or high visibility fencing. A permanent vegetative cover should be established on denuded areas at final grade if they are not otherwise permanently stabilized. Properties adjacent to the site of a land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls, such as filter fence or sediment basins. Cut and/or fill slopes should be designed to minimize erosion. Methods such as slope roughening, terraces,or pipe slope drains may be used. Provision should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has been shoveled out or swept. The finished site will have a large amount of paved surface area for parking. After completion of this project,there is likelihood that stormwater runoff will contain increased levels of grease,oils, sediment,and other debris. It is recommended that stormwater treatment devices be installed so that any discharge will be appropriately treated to remove these substances. Ecology's comments are based upon the information provided with the SEPA checklist. As such,they do 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 (AW: 07-2051) cc: Charles Gilman,HQ/WQ Joyce Smith,HQ/WQ Roberta Woods,WQ Charles Butros,Mason County Public Works Department(Contact/Applicant) � )�4161T L NOTICE OF APPLICATION FOR SPECIAL USE PERMIT, SEPA DETERMINATION AND NOTICE OF PUBLIC HEARING Notice is hereby given that Mason County Public Works has filed an application for a Special Use Permit number DDR2007-00008 to construct a Public Works Administrative and Maintenance Facility, with Emergency Operations Center. This Special Use Permit is required because the project is an Essential Public Facility as defined under Mason County Development Regulations Section 1.06. Mason County Development Regulations Section 1.03.028 provides that Essential Public Facilities will be reviewed under a Special Use permit. Site Address and Project Location: 12815 N U.S. Highway 101, Shelton, WA 98584. Parcel Numbers: 42002-21-00010 Date of complete application: March 13,2007. Procedural requirements for reviewing a Special Use Permit are set forth under Chapter 15.09 of the Mason County Code. Review of this development requires a public hearing. A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding the proposed project on Tuesday April 24, 2007 at 1:00 pm in the Commissioners Chambers, Bldg. I, 411 North Fifth St, Shelton WA. If special accommodations are needed, contact the Commissioners' Office, (360) 427-9670. Any person desiring to express their views or to be notified of the action taken on the application should come to the public hearing on April 24, 2007 or mail comments to Pam Bennett-Cumming Senior Planner, Mason County Dept. of Community Development, PO Box 279 Shelton WA 98584. A SEPA Mitigated Determination of Nonsignificance was issued by Mason County Dept. of Community Development on March 14, 2007. The final SEPA comment date will be 14 days after the date of issuance. Written comments on this determination should sent to Pam Bennett-Cumming Senior Planner, Mason County Dept. of Community Development, PO Box 279 Shelton WA 98584. Please contact Planner Pam Bennett-Cumming of the Mason County Dept. of Community Development at (360) 427-9670 ext. 287, or at the address listed above, with questions regarding this permit application. DD K, ,2,00`Z- 0000 � F-X14) BIT 11 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION FOR SPECIAL USE A Special Use is one that possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or other factors. The purpose of this application is to provide for adequate oversight and review of such development proposals, in order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent with the intent of the Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this application by Mason County does not guarantee approval of request. Applicant name)415�1l')Cae J & R IG�d/'1—J�delephone#(�4Z?-&7td Mailing address Site address ` W `'erg r,f- W -,5,;Q 1Dl Y Tax Parcel# lfl-4�0 - ZZ. _ /apoo 4-74v Legal Description Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction Other fir/f1 �[L�tu�/7 j/ On a separate piece of paper,please state your reasons for requesting a Special Use Permit. Be sure to address a fo to g six criteria your r qu st will be evaluated based on these criteria. .fin 1n vl�Q-f��ucAed Z fit' ��eC>K!! 1) Will the proposed use be detrimental to public health,safety, and welfare? 2) Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? 3) Will the proposed use introduce hazardous conditions, at the site, that can not be mitigated through appropriate measures to protect adjacent properties and the community P J P p at large? 4) Is the proposed use served by adequate public facilities,which are in place,planned as a conditiol of approval or as an identified item in the County's Capital Facilities Plan? Special Use Permit: $920.00 - Hearings Examiner: $490.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. I:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED:4/27105 5) Will the pr sed use have a significant impact upon existing uses on adjacent lands? d 6) If located outside of an Urban Growth Are will the proposal result in the need to extend urban services? y t�� l5 Mtlf" Ih ShGltU» (, 7) Please provide a site plan that includes the following: ❑ Indicate Scale and North Arrow ❑ Property line dimensions,easements,and right-of-ways. ❑ The location of all existing and proposed structures.Include square footage of existing and proposed structures. ❑ Setback distance,in feet from all property lines and structures. ❑ Existing and proposed road access to and from the site. ❑ Parking sites ❑ Location of on-site sewage tanks and drainfieldc. ❑ Location of drinking water supply.Include location on the proposed site and surrounding parcels. ❑ Steep bluffs,wetlands,streams,and bodies of water ❑ Location of fire hydrants and emergency vehicle access roads,including grade. ❑ Surface and storm water run-off routes. Applicant(s)signature +/,44,f'700*- 4_0°P/1 Special Use Permit: $920.00 - Hearings Examiner: $490.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. I:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED:04/27/05 Helix. design group Mason County Public Works Facility Application for Special Use aDO-7--©DOC7165 Supplementary Information 1. Will the proposed use be detrimental to public health, safety and welfare? No, the project is for a facility to consolidate and replace existing facilities for the Mason County Public Works Dept. that should enhance the public safety, health and welfare. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Yes. CP Chapter VI policy CF-105 provides: Develop capital facilities within established urban growth areas to conform to urban development standards. The Public Works facility is proposed on existing county property within the Shelton Urban Growth Area. CP Chapter VI, Capital Facilities Section VI-9 addresses the need for construction of a new multi-use facility in 2007. This will result in better communication and coordination of the various sections in the department. A shared multi-use facility will provide more efficient use of space and county resources. 3. Will the propose use introduce hazardous conditions, at the site, that can not be mitigated through appropriate measures to protect adjacent properties and the community at-large? No. Hazardous conditions such as fire will be mitigated through the installation of an automatic fire sprinkler system and fire alarm system. 4. Is the proposed use served by adequate public facilities, which are in place, planned as a condition of approval or as identified in the county's Capital Facilities Plan? Yes. Water will be a private on-site well. Sanitary sewer will connect to a new line to be installed by the City of Shelton by August 2008. Fire and police facilities easily serve the site from adjacent state highways and are well within their districts. 5. Will the proposed use have significant impact upon existing uses of adjacent lands? No. The proposed facility will be setback from adjacent property lines to lessen any visual, noise or air quality impacts. 6. If located outside the Urban Growth Area,will the proposal result in the need to extend urban services? The proposed project is located in the Shelton Urban Growth Area. 6021-12th St E Suite 201, Tacoma, WA 98424-1376 253.922.9037.T 253.922.6499.F P:\09-2005 Projects\a05-081 Mason County Focility Shops\05 Code\Special Use Supplement.dot J ,' I B I c I D I E I F I G I H K SITE PLAN SYMBOLS '• I oeasrnl earao.ao rar oao�rw s»au.lo rar oarasrw Rrlea RIO Tar oaavriall Tlea ao Tear I �I� rRoratt ul[ mm rwsx uax uu.Rc xu "lu euvrw om "�,ara _ „E PR o, Helix rpn(n) xtlIVNN yrW11Y.� •��BUILdNG x.yua�vpin e,�� .I..1� � � d�aipn pro..p 2 2YSE°"` a ` RE.m.� ter.®n.oe _ — w. "rw+e a•�/� Ms�°�`, maw �•� } r JSTREET W*..e.n IfQM%11 lniU1 .ow+. xaaae s mow. .. 3 QaiOa • o 0 RESERVED — — 4 4 / I remae.lo O BLDG. 3 COVERED MAT'L. BLDG.5 YARD t EQUIP.(UNHEATED SIGN 116 O ) %4OP/EQUIP RENTAL }I�p�5 "�Iti — -- — — 5 ; __— (--4T, 1 j� PAVED YARD F- — PL E E --I rarA.,.—s1wal PERVIOUS L ( "� -:*Qo it IRK YARD WAT BLDG.4 CAVERED . 6 r -- 3 sroa. F,QU sT E �. I 6 i I BL .2 I I v�H _ MA n..eaa. 'I 1 i11 I I I a w I I kr SITE PLAN BUILDING UdMi d. AT 7 LOCATION ll i PERVIOUS YARD PERVIOUS YARD rl—I- I - VaI1R AT I I 1 IT MASON COUNTY •RESERVED • ' rwR __•____ u� RK RESERVED PUBLIC WORKS 8 — B t MAINTENANCE FACILITY �.�. RESERVED EXIST. RDA 9 FUTURE YARD " D c EXPANSION NEW 9\1 RQAO UPI I%— e R� SCHETtATIC DESKaN 10 SITE PLAN Q =� ID G003 � ,c.ar•rao _ s.a sal a er e. —1 A I B I c I D i E I F I J A I B I C I D I E I E I G , I K N W 5EC 2 FNp,Y IRp1 PIPE 1 t / M r ' �PJ 12 I1 T 20 N R 4 W EJ 2 Heli n It O, +I d sign gro...P Y ------ ----- 2 a WO'DDED AREA rY - 3 -__ 2 OUNTY -----' w00PEr C AR 1§ FUTURE SITE OF NEW SHOP .,. .,.. ✓ �- xD�.a 40022100000 , PUBLIC WORKS BUILDINGS i j m P�aoPosEnbANEn ----- -- - a PROJECT #32 �. PRorosED _ 'AD _i SEC 2 T 20 N R 4 W 3 s er r�'oe•E PROP 4 4 FUTURE YARD EXPANSpN I I • A 5 I� 1 PROPERTY 5 LINE WOODED AP.EA d 1 1 H' C CJ T_ - � PROPOSED - ` — '� --- PARCEL I 6 42M n lanoo 1 6 PAWa3 WOODED AREA 1 4M a WOW SITE PLAN 7 PROP 06 1 7 1 MAS N COUNTY PRIVATE PROPERTY PUBLIC WORKS B NYE DALE P & ROSE X WOODED AREA 8 t MAINTENANCE 420OL 24 OOnIrj x FACILITY snmy`uwcra WOODED AREA we 1 9 9 c � __ � UGviOn_nIRPpPT R gr n _ - •- �� 1 Mrt rn" cwna-AfppFt RMp s.R.wop SCHEMATIC DESIGN ° '° G002 �x SITE PLAN Q RPAI.IR A B C I D E F G H K --- - ----............, May S,2002 s Publication cost is the responsibility of the applicant. Final permit processing will = occur until advertising fees have been paid to the newspaper by the applicant, The Shelton-Mason County Journal will bill the applicant directly. I/WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as complete. DATE OWNER A L CA F_)(_M-I g 1 NORTItWEST %6,Consulting hand&Water, iNc.in Wydrogeology 6556 37t^Avenue NE•Seattle,Washington 98115.206.525.0049•www.nlwinc.com April 24, 2007 Rick Hirschberg, Manager Mason County Department of Public Works 415 North Sixth Street Building 8 Shelton, WA 98584 Dear Mr. Hirschberg, The following is a summary of our proposed approach for evaluating the hydraulic im- pacts of developing land and water on the new Mason County Public Works facility. The County plans to build this facility on a 25-acre site in T20N/R4W, Section 2,parcel 420021000010. Introduction The proposed well will provide an interim potable water source to the new facility, until City of Shelton completes a water distribution pipeline to the new facility. The proposed water well will withdraw less then 5,000 gallons per day(gpd) from the Qva aquifer(also known as Unit D or the Qga aquifer) at a depth of 100 feet or more. This water would be used for potable water supply for facility operations. An on-site septic system would be used to treat sewage and wastewater from facility operations only. Reclaimed water will be supplied to the new facility for non-potable uses—irrigation, toilets, equipment washing, and others. This reclaimed water will be available at the time the facility building is occupied. Furthermore,the proposed well will provide potable wa- ter for the first 18 months of facility occupation. After the first 18 months of facility oc- cupation,potable water will be provided by the City of Shelton,when a distribution line is completed to the new facility. Water Budget Analysis Northwest Land &Water will analyze the site's water budget to predict the changes asso- ciated with development prior to connecting to City's water and sewer infrastructure. Our goal is to estimate the site's consumptive water use(CWU)'. We will also estimate ' CWU typically results in a net loss to the hydrologic system through evapotranspiration or via export to another basin. Because vegetation will be removed, evapotranspiration will decrease, potentially resulting in water gain for the site. CWU for the County's current facilities, which will no longer require water once they are decommissioned and the new facility becomes operational. CWU will then be compared to creek flows. As part of this analysis, we will estimate various water budget compo- nents using County data or literature: » Vegetation-Removed Evapotranspiration (VRE): 13 acres of mature trees and shrub plants were removed from the site,resulting in a gain of water for the site. » Landscape Irrigation Evapotranspiration (LIE): 2.5 acres will be irrigated, result- ing in a loss of water from the site. » Septic Drainfield Loss (SDL): Water will evapotranspire from plants that uptake soil moisture in a drainfield area. This results in a loss of water from the site. » Equipment Washing Evaporation (EWE): The County will periodically wash equipment, and a fraction of this wash water will evaporate. This use results in a small loss of water from the site. » Personnel Water Consumption (PWC): We will estimate the water consumption for 80 employees based on a workday. This use results in a small loss of water from the site. Note that precipitation falling on the developed portions of the site will be stored and in- filtrated, so we will not include stormwater runoff in this analysis. The CWU for the new facility will be calculated on an annual basis using this equation: CWU new facility =VRE + LIE + SDL + EWE + PWC Furthermore, we will estimate CWU at the County's two current facilities (downtown Shelton and near Johns Creek). Decommissioning these facilities results in a gain of wa- ter to the hydrologic system, assuming the facilities are not occupied by new tenants. The total CWU for the project(new development plus decommissioning)will be calculated: Total CWU = CWU new facility + CWU downtown facility + CWU Johns Creek facility These CWU values may be positive or negative, depending on whether they represent a loss or gain of water. Both the CWU for new facility and the total CWU will be compared to flow in Johns and Goldsborough Creeks. We will consider both creeks because the site lies near the topog- raphic divide between their sub-basins. Furthermore, comparing CWU with flows in both sub-basins is warranted given the lack of high-resolution groundwater flow direction data beneath the site. NORTHWEST Land&Water,INC. Page 2 Please feel free to contact me if you have questions or want to discuss this further. Sincerely, Northwest Land &Water,Inc. AAI4('C James Mathieu, LG, LHg, Principal Hydrogeologist NORTHWESTAL laud&Water,INC. Page 3 Conrulr ng m Hrdr.gcoingy AFFIDAVIT OF POSTING NOTICE STATE OF WASHINGTON ) COUNTY OF MASON )) ss. do hereby certify that I posted copies of the attached P CA-11 D0 Zrf- on day of 20DJ_ in public places as follows: one at d ,P `PA��-' one at l one at In witness whereof, the party has signed this Affidavit of Posting Notice this 22 � day of , 20 By: Address: STATE OF WASHINGTON ) COUNTY OF MASON )) ss. Subscribed and sworn to me this day of 11-1-MyI Notary Public for the S ate of Washington Residing at Commission Expires —1,, NOTICE OF APPLICATION FOR SPECIAL USE PERMIT,SEPA DETERMI- NATION AND NOTICE OF PUBLIC HEARING Affidavit of Publication Notice is hereby given that Mason Coun- ty Public Works has filed an application for a Special Use Permit number DDR2007-00008 to construct a Public Works Administrative STATE OF WASHINGTON 1 SS. and Maintenance Facility, with Emergency COUNTY OF MASON f Operations Center.This Special Use Permit is required because the project is an Essen- Julie G.Orme being first duly sworn tial Public Facility as defined under Mason County Development Regulations Section 1.06. Mason County Development Regula- on oath deposes and says that she is the clerk tions Section 1.03.028 provides that Essen- of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That tial Public Facilities will be reviewed under a said newspaper is a legal newspaper and it is now and has been for more than six Special Use permit. months prior to the date of the publication hereinafter referred to, published in Site Address and Project Location:12815 the English language continuously as a weekly newspaper in SHELTON,Mason N U.S.Highway 101,Shelton,WA 98584. County, Washington,and it is now and during all of said time was printed in an Parcel Numbers:42002-21-00010 office maintained at the aforesaid place of publication of said newspaper. That Date of complete application: March 13, 2007. the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of Procedural requirements for reviewing a August, 1941, approved as a legal newspaper by the Superior Court of said Special Use Permit are set forth under Chap- Mason County. ter 15.09 of the Mason County Code.Review of this development requires a public hear- That the annexed is a true copy of a Notice of Application For Special ing. A PUBLIC HEARING will be hold by the Use Permit—SEPA Determination and Notice of Hearin¢ Mason County Hearings Examiner regard- ing the proposed project on Tuesday April 24, 2007 at 1:00 pm in the Commissioners Mason Countv Department of Public Works Chambers,Bldg.I,411 North Fifth St Shelton as it was published in regular issues and not in supplement form of said WA. If special accommodations are needed, contact the Commissioners' Office, (360) newspaper once each week for a period of one 427-9670. consecutive weeks,commencing on the Any person desiring to express their views or to be notified of the action taken on the ap- plication should come to the public hearing on April 24, 2007 or mail comments to Pam Bennett-Cumming Senior Planner, Mason 15th day of March _2007 both dates inclusive, County Dept. of Community Development, and that such newspaper was regularly distributed to its subscribers during all of PO Box 279 Shelton WA 98584. the said period.That the full amount of the fee charged for the A SEPA Mitigated Determination of Non- significance was issued by Mason County foregoing publication is the sum of$ 60.00 Dept. of Community Development on March 14, 2007.The final SEPA comment date will be 14 days after the date of issuance.Written comments on this determination should sent to Pam Bennett-Cumming Senior Planner, Subscribed and sworn to before me this 15th day of Mason County Dept.of Community Develop- ment, PO Box 279 Shelton WA 98584. March 2007 Please contact Planner Pam Bennett- Cumming of the Mason County Dept. of ����0NN N DO I Community Development at (360) 427-9670 - '��L' .?� "'o'•• ��i ext.287, or at the address listed above,with Notary PLylic in and for the State of Washington •; '� �� .�' questions regarding this permit application. Residing at Shelton, Washington :U ate; 3/151t ✓� NOTARY My commission expires 20 r Az 0,0 ,' lll►A�N` f INTER-GOVERNMENTAL AGREEMENT AN INTER-GOVERNMENTAL AGREEMENT BETWEEN MASON COUNTY, LOCATED IN THE STATE OF WASHINGTON, AND THE SQUAXIN ISLAND TRIBE, A FEDERALLY-RECOGNIZED INDIAN TRIBE, TO ESTABLISH PERFORMANCE TARGETS FOR WATER SUPPLY AT THE NEW DEPARTMENT OF PUBLIC WORKS OFFICE FACILITY (420021000010) WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, pursuant to RCW 39.34.080, each party is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: provided, that such contract shall be authorized by the governing body of each party to the contract and shall set forth the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, the Squaxin Island Tribal Council is the Governing Body of the Squaxin Island Tribe, its members, its lands, its enterprises and its agencies by the authority of the Constitution and Bylaws of the Squaxin Island Tribe, as approved and adopted by the General Body and the Secretary of the Interior on July 8, 1965; and WHEREAS, under the Constitution, Bylaws and inherent sovereignty of the Tribe, the Squaxin Island Tribal Council is charged with the duty of protecting the health, security, education and general welfare of the tribal members, and with protecting and managing the lands and treaty resources and rights of the Tribe; and WHEREAS, the Squaxin Island Tribe reserved the right of taking fish at all usual and accustomed grounds and stations together with the privilege of hunting, gathering roots and berries in the Treaty of Medicine Creek signed in 1854 with the U.S. Government. These rights include co-management with the State of Washington of upland, riparian and instream habitat and streamflow necessary to support abundant fish and wildlife populations; and WHEREAS, the Mason County Public Works Department applied for a Special Use Permit from the Mason County Department of Community Development for the construction of a new Public Works Facility, to house administrative offices, training, emergency, and operations, and to include the installation of a well; and - 1 - r WHEREAS, both parties desire to avoid dispute through agreement and compromise, avoiding the time and expense of litigation: NOW, THEREFORE, in consideration of the mutual promises contained herein, Mason County (COUNTY) and the Squaxin Island Tribe (TRIBE) agree to the following: 1. The COUNTY will design and construct the new Public Works Facility by implementing low impact development techniques such as stormwater infiltration, rain gardens, areas of pervious pavement and concrete, native vegetation landscaping, protection of mature trees outside the development area, and water conservation measures. 2. The COUNTY may install one well that is exempt from Department of Ecology permitting under RCW 90.44.050 ("exempt well") on the facility site for temporary supply of potable water. Groundwater withdrawals from the exempt well will be subject to all of the limitations and conditions set forth in RCW 90.44.050. 3. As soon as potable water from the City of Shelton becomes available and the water system from development of the site immediately south of the Public Works Facility is activated, the COUNTY will connect to the city water system for its potable water needs. The City expects potable water to be available by 2011. 4. Upon connection to the City water system, the COUNTY will discontinue regular use of the on-site exempt well for its potable water needs. The well will be kept operational and only used as a supplemental source for potable water when the City water system is out of service. The COUNTY will notify the TRIBE prior to use of the well for this purpose. 5. The non-potable water needs for the Public Works Facility may be provided by the on-site exempt well until City reclaimed water is available. At that time, the COUNTY will connect to the City reclaimed water system and supply its non- potable water needs from that system. The City expects reclaimed water to be available by 2011. 6. Upon connection to the City reclaimed water system, the COUNTY will discontinue regular use of the on-site exempt well for its non-potable water needs. The well will be kept operational and only used as a supplemental source for non- potable water when the City reclaimed water system is out of service. The COUNTY will notify the TRIBE prior to use of the well for this purpose. 7. The TRIBE supports the COUNTY's ongoing efforts to promote low impact development and water conservation. 8. The COUNTY and the TRIBE will meet at least annually to review progress toward meeting performance targets 1 to 6. -2 - 9. This AGREEMENT shall be governed b the laws g y of the State of Washington as to interpretation and performance. Venue for any action is in the Superior Court of Mason County, Washington. 10. Nothing in this AGREEMENT shall be deemed or construed as a waiver of either party's sovereign immunity. 11. Nothing in this AGREEMENT allowing temporary use of an on-site exempt well shall be deemed or construed as agreement by the TRIBE that water is available or a waiver of the TRIBE's right to pursue legal action against use of other exempt wells that are not the subject of this AGREEMENT. 12. Any notice required under this AGREEMENT shall be to the party at the address listed below and shall become effective as of the date of deposit in the United States Postal Service. MASON COUNTY PUBLIC WORKS SQUAXIN ISLAND TRIBE Attn: Public Works Director Attn: Natural Resources Director PO Box 1850 Squaxin Island Tribe Shelton, WA 98584 2952 SE Old Olympic Hwy Shelton, WA 98584 This AGREEMENT to establish performance targets for the new Public Works Facility is hereby entered into between the COUNTY and the TRIBE and shall take effect on the date of the last authorizing signature affixed hereto: APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON BY: COUNTY PUBLIC WOWS—DIRECTOR L Zvt C person �� Commissioner APPROVED AS T FOR 44missioner Co Prr utor -3 - CERTIFICATION The Squaxin Island Tribal Council does hereby certify that the foregoing Inter- governmental Agreement was adopted at the regular meeting of the Squaxin Island Tribal Council, held on this {= day of 2007, at which time a quorum was present and was passed by a vote of for and . (75 against with abstentions. /,J 'es L. Peters, Chairman Attested by: Vince Henry, r., Se retary Arn d Coo er, Vice Chairman C Cam_ CU rk- t r\,Cl BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 4,2007 1. Call to Order—the Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—The chairperson led the flag salute. 3. Roll Call-Present: Cmmr. Dist. 1 —Lynda Ring Erickson;Cmmr. Dist. 2—Tim Sheldon;Cmmr. Dist. 3— Ross Gallagher. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 The Commissioners of Fire District#11 back the 1/10th of 1%tax increase to benefit emergency services. 4.1.2 The Washington State Liquor Control Board sent notice of Special Occasion liquor license application for Shelton Skookum Roatary Club. 4.1.3 The Port of Allyn gave an update on the progress of the construction of the public restrooms at the Allyn Waterfront Park. (Original to Budget and Finance.) 4.1.4 The Squaxin Island Tribe would like to appoint their Natural Resources Director or Assistant Director for the ex-officio position for the Board of Health. 4.1.5 The Army Corps of Engineers sent notice that matching funds for fiscal year 2007 are due in accordance with the Feasibility Cost-Share Agreement. (Copy to Budget anf Finance.) 4.1.6 The Washington State Department of Ecology sent the draft Tributaries to Totten,Eld and Little Skookum Inlets Water Quality Implementation Plan. 4.2 2008 Mason County Departmental Budget Requests. Karen Herr,Auditor,introduced Theresia Ehrich,Chief Accountant, who presented the 2008 Departmental Budget Requests. There are copies available to the public and on our website- www.co.mason.wa.us. The Board noted the budget needs to be adopted by December 315` 4.3 Betty Wing read the news release regarding several community meetings that Cmmr.Ring Erickson has scheduled. 5. Open Forum for Citizen Input -Ray Jenne read aloud a statement regarding his right of free speech.He assured the Board he is not a threat but will continue to express his opinions. 6. Adoption of Agenda Cmmr.Gallagher/Sheldon moved and seconded to adopt the agenda as presented. Motion carried unanimously. RE-aye; S-aye; G-aye. 7. Approval of Minutes—None 8. Approval of Consent Agenda: 8.1 Approval of Veterans Assistance Fund applications for: Gerald J. Lanning-housing$600.00; William Crall-food$127.33;and Richard Southwick(Anne)-burial$600.00 for a total of $1327.33 as recommended by the Veterans' Screening Committee. 8.2 Approval of the Walker Park attendant agreement with Dale Munn. 8.3 Approval to set a public hearing on Tuesday,September 25,2007 at 6:30 p.m.to consider the recommendation of the Historic Preservation Commission to designate the McReavy Site as a historic landmark on the Mason County Historic Register. 8.4 Approval for the Chair to sign the license and interlocal agreement with Mason County Public Utility No. 3 to utilize their transmitter site on Kamilche Ridge for the Public Works radio system. 8.5 Approval for the Equipment Rental and Revolving Fund Manager to utilize the post for quotes procedure to purchase and install a flatbed with tailgate lift on Utility Truck#310. The estimated cost is$15,000 and is budgeted. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 4,2007-PAGE 2 8.6 Approval to award the bid for the Allyn Pump Station Improvement Project in the amount of $234,198.75 to Pape&Sons,Inc of Gig Harbor. This project is designed to increase overflow capacity and reduce the potential for a sewage spill. 8.7 Approval of the Inter-Governmental Agreement between Mason County and the Squaxin Island Tribe establishing performance targets for the water supply at the new Public Works Facility. 8.8 Approval for the Chair to execute the Mitigation Grant Agreement between Mason County and the Washington State Military Department for the Mason County Flood Mitigation Assistance Plan. 8.9 Approval for the Public Works Director to develop a Technical Stormwater Advisory Task Force and issue a news release soliciting membership. 8.10 Approval of the resolution authorizing the road closure on Beck Road(County Road Number 83500)at approximately M.P.0.35 to remove a fish passage barrier. The closure is from 8 a.m., Monday,September 10,2007 at until 5 p.m.,Friday,September 28,2007.Resolution No. 101-07 (Exhibit A) 8.11 Approval of Warrants Claims Clearing Fund Warrant#s 128242-128434 $399,062.07 8.12 Approval of the resolution authorizing the Sheriff to apply for funding assistance for the Non- highway Off-Road Vehicles(ORV)Program. This is to continue participation in the Washington State Recreation and Conservation Office program.Resolution No.102-07(Exhibit B) 8.13 Approval to set a public hearing on September 18,2007 at 9:30 a.m.to consider a supplemental appropriation to the 2007 Juvenile Court Guardian Ad Litem/CASA Program in the estimated amount of$20,866. Resolution No.103-07(Exhibit C) 8.14 Approval to set a public hearing on Tuesday, September 18,2007 at 9:30 a.m.to consider entering into a purchase agreement with the Harstine Island Theater Foundation for Mason County property located on Harstine Island,parcel#22136 33 00000. Charlie Butros asked that Item 8.7 be removed;Cmmr. Sheldon asked that Item 8.6 be removed for further discussion. Cmmr.Sheldon/Gallagher moved and seconded to approve the Consent Agenda items 8.1 through 8.5 and 8.8 through 8.14,excepting 8.6 and 8.7 which will be discussed. Motion carried unanimously. RE-aye; S-aye; G-aye. Cmmr. Sheldon addressed Item 8.6. He noted the bid is almost twice the engineer's estimate and the work will be done in the winter,he would prefer to wait on this item. Cmmr.Gallagher stated he understands time is of the essence and in the agreement the contractor says the work will be done by November I". He concurs with the staff recommendation to award the bid. Cmmr.Ring Erickson noted there wasn't a bid received when it first went out,she feels she has to support this. We need to protect the shellfish industry and water quality although she shares the concern with the cost. Cmmr.Gallagher/Ring Erickson moved and seconded to award the contract to Pape&Sons,Inc in the amount of$234,198.75.Motion carried . RE-aye; S-nay G-aye. Mr.Butros addressed Item 8.7 Intergovernmental Agreement with the Squaxin Island Tribe. He stated staff is working with the Tribe as there are some items that need to be addressed. He asked the Board to defer action at this time. Cmmr.Gallagher/Sheldon moved and seconded to defer Item 8.7 to next week's Commission meeting. Motion carried unanimously. RE-aye; S-aye; G-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 4,2007-PAGE 3 9. 9:30 a.m. Public Hearings and Items Set for a Certain Time 9.1 Public hearing to consider utility franchise agreements with the following water companies: Cherokee Strip Homeowners Association and Water Company,Kamilche Point Community Club, Holiday Beach Home Tracts,and the Belfair Water District for their water systems located in the County right of way. Rick Hirshberg,Public Works,presented the four franchise agreements with Cherokee Strip Homeowners Association and Water Company,Kamilche Point Community Club,Holiday Beach Home Tracts,and the Belfair Water District for their water systems located in the County right of way. There was no public comment. Cmmr.Sheldon/Gallagher moved and seconded to approve the utility franchise agreements for Cherokee Strip Homeowners Association and Water Company,Kamilche Point Community Club,Holiday Beach Home Tracts,and the Belfair Water District for their water systems located in the County right of way. Motion carried unanimously. RE-aye; S- aye; G-aye. 9.2 Public hearing to consider the adoption of Oakland Bay Action Plan. Vicki Kirkpatrick,Public Health Director,presented the staff report. In November 2006, Washington State Department of Health restricted shellfish harvesting in the north end of Oakland Bay. The Restricted classification means that direct harvest of shellfish is not allowed. Shellfish must be moved to an Approved or Conditionally Approved area to cleanse and become safe for human consumption before it is harvested. One shellfish grower is currently affected by this restriction. All other areas of Oakland Bay remain in an unchanged status—either Conditionally Approved or Prohibited for shellfish harvest at this time,though Chapman Cove area is very close to receiving a downgrade. This action required Mason county,under Chapter 90.72 RCW,to establish a shellfish protection district and to establish a Clean Water(Shellfish District)Program to improve water quality in Oakland Bay. The Oakland Bay Action Plan has been a collaborative effort involving stakeholders in the health of Oakland Bay including not only Mason County staff and citizens,but shellfish growers, Squaxin Island Tribe,State agencies,the Puget Sound Partnership,Mason Conservation District,City of Shelton,the WSU Extension office and the University of Washington's Sea Grant Program. This plan identifies ten specific goals and strategies along with specific actions and performance measures designed to improve the water quality in Oakland Bay. Ms.Kirkpatrick requested the Board approve the resolution adopting the Oakland Bay Action Plan. She noted that the Mason County Board of Health has adopted this Plan. Cnimr.Ring Erickson confirmed that the Plan has yet to have a governance or finance element. Ms.Kirkpatrick stated they expect this document to change over time as phases are implemented and more information is gathered. John Konovsky,,Squaxin Island Tribe,thanked the Board for leadership on the Oakland Bay Action Plan and thanked staff. The Squaxin Tribe supports implementation of the plan and wants to work together for funding. The implementation is ongoing. He pointed out that in upper �L BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 4,2007-PAGE 4 Oakland Bay and in Chapman Cove,he has seen some slight improvements in data since the end of 2006. He noted that Uncle Johns Creek and Ecler Road continue to be areas to work on. Kim McKee,Department of Ecology,read a letter from Dick Wallace supporting the recommendations in the Plan. Diane Cooper, Taylor Shellfish, stated the shellfish growers along with other stakeholders have been working for several years on keeping Oakland Bay productive. The next step is funding and they want to work with the County. This is a long-term effort and appreciates Mason County's efforts. Duane Fagergren,Puget Sound Partnership and resident of Mason County. He acknowledged that Mason County has stepped up in staff support and commitment from the Commissioners. Mason County is rich with shellfish resources with Oakland Bay being a major producers of clams and oysters. He need to look at the short-term fixes and longer range in the watershed. We need measurable results and they will help in any way they can. He thanked Mason County for the commitment. Cmmr. Sheldon noted the Puget Sound Partnership effort the State has developed to continue the long process of cleaning up Puget Sound. It has legislature and governor support. This is a big undertaking and he is confident the County will get assistance from the State. The County's who have well thought-out plans and implementing solutions will receive State assistance and adoption of this Plan is the beginning. He hopes to sponsor a bill in the legislature to divert a portion of the State sales tax collected in Mason County to shellfish protection and water quality projects. He hopes the next time the County adopts a shellfish protection district,it will be a clean water district and include the entire Mason County. This will begin a new thought process to fund these types of protection districts. He is excited about this plan,a lot of good collaborative work has been done and believes it will be successful. He commended Stephanie Kenney and all the community partners for their work on this. Cmmr. Gallagher stated he is proud of everyone coming together. This is a milestone in government. It was started in February and now will formally adopt plan. He noted that local governments do the work. Cmmr.Ring Erickson stated she is honored to be part of this process. Mason County is seeking funding from the State and she has talked to other counties and they all seem to have some type of water quality issues. She believes we have been very thorough with the Plan. She acknowledged the participation of those who worked on the Plan and she supports using sales tax for funding as opposed to a parcel tax. Cmmr. Sheldon pointed out this would not enact a new tax. Other shellfish protection districts have been funded by a parcel tax from the property owners. He is expecting to use some of the sales tax the state collects in Mason County and use for water quality. The bill he is considering would extend that program to other counties that border Puget Sound. Cmmr.Sheldon/Gallagher moved and seconded to adopt Resolution 99-07 adopting the Oakland Bay Action Plan. Motion carried unanimously. RE-aye; S-aye; G-aye. Resolution 99-07(Exhibit D) 9.3 Public hearing to review proposed revisions to the Mason County Development Regulations, Ordinance No. 82-96: BOARD OF MASON COUNTY COMMISSIONERS'PROCEEDINGS SEPTEMBER 4,2007-PAGE 5 1. Section 1.04.214, Section 1.04.224,Section 1.04.234,Section 1.04.244, Section 1.04.334, Section 1.04.344, Section 1.04.354: adding necessary structural elements for an otherwise compliant permitted land use to exemption to 35-foot building height. 2. Section 1.04.332: adding automotive and non-automotive repair and service to permitted uses for Rural Commercial 2 zone. 3. Section 1.04.602 and Section 1.04.612:adding text of certain land uses that describe Outdoor Recreation permitted uses. 4. Section 1.05.018: modify special use permit provision to change an old land non-conforming land use or structure. 5. Section 1.05.046: adding text stating required information for application for Special Use Permit,and deleting duplicated licated text under certain zones. 6.Section 1.06 Definitions. Bob Fink on behalf of Allan Borden,Planner,presented the staff report. The common element of these amendments is the County's effort to fine-tune our rural area regulations,particularly for the non- residential uses, commercial and industrial. These have been heard by the Planning Advisory Commission and recommended for action b the Commissioners. He reviewed the six categories. Y g The first change would allow structures to exceed 35 feet in height if it's a permitted use and necessary for its function. An example would be a stairway tower for a firehouse used for training. The second set of amendments is adding automotive and non-automotive repair and service to permitted uses in Rural Commercial 2 zone. This is intended to allow for better service for farms,rural businesses and residents. The third is broadening the variety of recreational activities that are allowed in Rural Tourist zones. The fourth modifies the non-conforming use regulations so abandoned uses cannot be restored after they have been abandoned by the property owner. The fifth provides specific guidance for information needed for a special use permit application and deletes duplicate language elsewhere in the codes. The sixth adds a definition for retreat centers,which is essentially including lodging where people are seeking isolation or a natural environment for religious,health or education purposes and the definition for local recreation and community centers is being clarified to specify that it's not intended these recreational centers be equipped with overnight facilities. Cmmr. Gallagher asked about the abandoned business issue,he asked what brought this about. Allan Borden stated the topic was brought up in the Planning Advisory Commission meeting because of the important point he brought up in his staff report. If there is a land use that is clearly abandoned, it is abandoned and not subject to the provision as it is currently written. It is not considered in this special permit review for a previously existing land use within the last 10 years on the property. Cminr.Ring Erickson asked for an example of a Rural Commercial 2 area. Mr.Fink gave the examples of Bayshore and Spencer Lake which are typically hamlets. They would typically have more than one business and the character of the area is a little bit more commercial than a single store. The Rural Commercial 3 would have many business, such as Hoodsport. Cmmr. Sheldon commented these appear to be routine amendments. There was no public comment. Cmmr.Sheldon/Gallagher moved and seconded adopt Ordinance 100-07 to revise Mason County Development Regulations M.C.C. 17.01 as noted and have the Chair sign the decision findings of BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 4,2007-PAGE 6 fact. Motion carried unanimously. RE-aye; S-aye;G-aye. (Exhibit E) 10. Other Business(Department Heads and Elected Officials) Charlie Butros read the press release creating the Mason County Stormwater Task Force. We are soliciting members to serve and applications will be accepted until September 30,'. 11. Board's Reports and Calendar-The Board announced their schedules for the upcoming week and reviewed their calendar items from the past week. 12. Adjournment—The meeting adjourned at 10:18 a.m. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON & Ring Erickson, it ATTEST: Tim Sheld n,Commissioner Rebecca S.Rogers,Clerk of th Board Ro s Gallagher,Commissio r DRAFT BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 11, 2007 1. Call to Order—The regular meeting was called to order at 9:00 a.m.by the Chairperson. 2. Pledge of Allegiance—The chairperson led the flag salute. 3. Roll Call-Present: Cmmr.Dist. 1 —Lynda Ring Erickson;Cmmr.Dist.2—Tim Sheldon; Cmmr.Dist.3— Ross Gallagher. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 The Washington State Department of Ecology sent notice that Mason County's request for Flood Control Assistance Account Program grant funding was not selected for the 2007-2009 biennium. (Copy to Public Works.) 4.1.2 The Skokomish Tribe selected Council member Tim LeClair to serve as an ex-officio member to the Mason County Board of Health. 4.1.3 Steven Strand expressed his concerns regarding a matter involving the Planning Department. (Copy to Planning) 4.2 Green Star Awards were presented to the following Mason County Sheriff Deputies:Deputy James Ward;Deputy Byron Baty;Undersheriff Jim Barrett;Chief Deputy Russ Osterhout;Chief Deputy Dean Byrd;Sgt Trevor Severance;Deputy William Philpott;Deputy Ken Potts;Officer Cindy Brewer; Officer Carla Madison;Officer Danielle Rickards;Deputy Bill Reed;Deputy Eric Heilman; Sgt.Jasno Dracobly;and Deputy Ted Drogmund. 4.3 Betty Wing read aloud a News Release that the Lodging Tax applications are being accepted until October 31,2007. 4.4 Dave Loser,Equipment Rental&Revolving Fund Manager announced that a purchase order for $16,246.23 was issued to Independent Trailer&Equipment of Yakima,WA for a new Service Body and installation on Vehicle#241 for Public Works. 4.5 Mr.Loser announced that a purchase order for$4,130.00 was issued to Little Beaver of Livingston, Texas for a new Little Beaver Hydraulic Earth Auger. 5. Open Forum for Citizen Input -None 6. Cmmr.—Adoption of Agenda p g C r.Gallagher/Sheldon moved and seconded to adopt the agenda as presented. Motion carried unanimously. G-aye; RE-aye; S-aye. 7. Approval of Minutes—Cmmr.Sheldon/Gallagher moved and seconded to approve the briefing minutes for the weeks of July 30 and August 6,2007. Motion carried unanimously. G-aye; RE-aye; S-aye. 8. Approval of Consent Agenda: 8.1 Approval of Washington State Military Department Contract#E08-043 for E911 services for the period of July 1,2007 through September 30,2008 in the amount of$91,306. 8.2 Approval of Washington State Military Department Contract#E07-054 Amendment B for E911 services.Amendment B provides Year End Supplemental(YES)funding to the contracted counties in an amount not to exceed$143,741.00. State E911 Offices have advised that Mason County's share will be$20,000.00. 8.3 Approval of the Inter-Governmental Agreement between Mason County and the Squaxin Island Tribe establishing performance targets for the water supply at the new Public Works Facility. 8.4 Approval of Warrants Claims Clearing Fund Warrant#s 128435-128564 $ 587,098.49 Salary Clearing Fund Warrant#s 170196-170724 $1,516,638.05 8.5 Approval for the annual cancellation of outstanding warrants as recommended by the Mason County Treasurer. RCW 39.56.040 gives the Board of Commissioners authority to cancel warrants outstanding for at least one year. Resolution No. 104-07(Exhibit A) BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 11,2007-PAGE 2 8.6 Approval to reauthorize Title III funds in the amount of$73,223 to the WSU Extension 4-H Forestry Leadership Program to conduct an after-school forest education in 2008. It was asked that Item 8.3 be withheld for further discussion. Cmmr.Gallagher/Sheldon moved and seconded to approve Consent Agenda Items 8.1—8.6, with the exception of Item 8.3 for further discussion. Motion carried unanimously. Charlie Butros,Public Works Director,noted that last week they requested this item be deferred for one week to allow the Tribe additional time to review the agreement and make the clarifications that they had indicated they felt needed in the agreement. He proposed the agreement be approved, provided that the proposed clarifications which will be submitted by the Tribe have no material or significant effect to change the agreements intent. In the discussions with John Konovsky he believes their changes will not change the intent of the agreement;however,Public Works has not seen the changes. Deputy Prosecutor TJ Martin stated he spoke with Mr.Butros and recommended that the agreement be adopted subject to the fact that the intergovernment agreement would not contain any terms that might materially adversely affect the county. Cmmr.Sheldon/Gallagher moved and seconded to approve Item 8.3,providing there are no substantial changes to the agreement. Motion carried unanimously. G-aye;RE-aye; S-aye. 9. 9:30 a.m. Public Hearings and Items Set for a Certain Time 9.1 Public hearing to consider a rate increase for the solid waste facility and drop box stations for 2008. David Baker,Utilities&Waste Manager,stated they are looking at a change in the rate structure. They will be looking for a fee increase to be implemented on January 1,2008. Last year they adopted a resolution to make the change to the rates they currently have in place. They identified several minor problems with their rate adjustment. One of the challenges is once a change is made in the rates, written notice needs to be given to the certified haulers in their jurisdiction. The County needs to document the rate adjustment and then identify in writing for the hauler who then has 75 days,per the Utilities&Transportation Commission,to pass the rate increase on to the customer base. Because the rate increase was adopted in December 2006,the rate increase imposed on their single largest customer was delayed by several months. In last year's resolution of adoption they chose the consumer price index for the Olympia area and the date of October. The recommendation for this fee increase would be to change the date to July so they would have adequate time to give notification to the hauler and also to incorporate the changes to the budget proposal for the following year. The difference between this year's increase and last year's increase,based on a consulting firm to assess the overall utility financially,the recommendation was a fee increase for 2008 slightly higher than the Consumer Price Index(CPI). The estimated CPI#for 2008 is approximately 3%and it was recommended to look at 5.25%. It is recommended to amend the date of change for CPI from October to July and also to raise the tip fee by 5.25%and implement it on January 1,2008. The original intent was to stick with the CPI,but because of the start up glitches they are unable to do it this year. In subsequent years they will stay with the CPI. r BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS SEPTEMBER 11,2007-PAGE 3 Rik Fredrickson,Mason County Garbage, stated they are in favor of the increase. They have seen a dramatic improvement of safety at the Mason County Transfer Station and also a rise in productivity. They believe the increase in fees will help accomplish a greater division between the general public and their equipment. It was questioned if they have noticed a trend over the years, if there has been an increase in their hauling during the summer as opposed to the winter. Mr.Fredrickson commented the biggest trend has been every year they have less and less"snowbirds" leaving. There are more people becoming year round residents. There is still a large"snowbird" population. The residential growth is approximately 2%per year and commercial growth is more in the 4-5%rate. Cmmr.Gallagher/Sheldon moved and seconded to approve the resolution and reflect the change in date from October to July and raise the tip fee by 5.25% as of January 1,2008. Motion carried unanimously. G-aye; RE-aye; S-aye. Resolution No. 105-07 (Exhibit B) 10. Other Business(Department Heads and Elected Officials)—None 11. Board's Reports and Calendar—The Board reported on calendar items from the past week and announced their schedule for the upcoming week. 12. Adjournment—The meeting adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON 1C�c� L ng Erickson,C ATTEST: Tim Sheldon,Commissioner Rebecca S. Rogers,Cle&ofBoard o s Gallagher,Commiss' ner