BEFORE THE HEARING EXAMINER IN AND FOR THE COUNTY OF THURSTON

Transcription

1 BEFORE THE HEARING EXAMINER IN AND FOR THE COUNTY OF THURSTON In the Matter of the Application of FILE NO. SSDP AAPL Confederated Tribes of the Chehalis Reservation For a Shoreline Substantial Development Permit DECISION And the Appeal of Lorenne Hornby, et al. Of a Mitigated Determination of Nonsignificance. SUMMARY OF DECISION The request for approval of a Shoreline Substantial Development Permit to widen and reconstruct Anderson Road from 188 th Avenue Southwest to State Route 12 is GRANTED, with conditions. The appeal of the July 3, 2002 Revised Mitigated Determination of Nonsignificance is DENIED. Detailed findings and conclusions in support of this will be issued no later than August 26, SUMMARY OF RECORD Background The Confederated Tribes of the Chehalis Reservation (Applicant requested approval of a Shoreline Substantial Development Permit (SSDP to widen and reconstruct Anderson Road from 188 th Avenue Southwest to State Route 12. This segment of Anderson Road is located on the Thurston/Grays Harbor County line and is within the 100-year floodplain of the Chehalis River. A Revised Mitigated Determination of Nonsignificance (RMDNS was issued jointly by Thurston County and Grays Harbor County on July 3, 2002 and became final on July 17, Lorenne Hornby and other property owners in the vicinity of the site (Appellants appealed the RMDNS on July 24, Hearing An open record hearing on the appeal and SSDP application was held on August 12, Testimony 1 See Exhibit 1, Attachment b for complete list of Appellants.

2 At the hearing, the following individuals presented testimony under oath: 1. Roger Giebelhaus, Thurston County Development Services Department 2. Lorenne Hornby, Appellant 3. Garry Renner, Appellant 4. Russell Sheets, Appellant 5. Preston Hornby, Appellant 6. Nanette Hornby, Appellant 7. Alan Wells, Appellant 8. Tom Holtz, SCA 9. Lennea Magnus, Planning Director, Confederated Tribes of the Chehalis Reservation 10. Mike Daniels, Pacific International Engineering (PIE 11. Keith Kramer, Confederated Tribes of the Chehalis Reservation 12. Scott Lindblom, Thurston County Water and Waste Management 13. Dave Palmer (SSDP only 14. Ray Canolis (SSDP only 15. Joseph Butler, Thurston County Development Services Flood Plain Manager (SSDP only Attorney Ralph Olson represented the Appellants Attorney Andrew Salter represented the Applicant Attorney Jeff Fancher represented Thurston County Exhibits The following exhibits were admitted as part of the official record: EXHIBIT 1 Development Services Department Report for the Administrative Appeal with the following Attachments: Attachment a Notice of Public Hearing dated July 30, 2002 Attachment b July 24, 2002 Appeal of Administrative relating to the Revised Mitigated Determination of Nonsignificance issued July 3, 2002 Attachment c July 17, 2002 Comment of Surrounding Property Owners Attachment d Revised Mitigated Determination of Nonsignificance issued July 3, 2002 Attachment e Environmental Checklist dated February 13, 2002 Attachment f July 2, 2002 Comment Memorandum from Scott Lindblom, Thurston County Department of Water and Waste Management SSDP/SEPA Page 2

3 Attachment g July 3, 2002 Comment Memorandum from Joseph Butler, Flood Plain Manager EXHIBIT 2 Development Services Department Report for the Shoreline Substantial Development Permit with the following Attachments: Attachment a Notice of Public Hearing dated July 30, 2002 Attachment b Joint Aquatic Resources Permit Application (JARPA dated February 13, 2002 Attachment c Chehalis Reservation Road Improvements for Anderson Road Alignment Plan and Profile dated July 3, 2001; Figures 4-1 to 4-6 Attachment d Grading and Erosion Control Plan dated August 28, 2001 Attachment e Revised Mitigated Determination of Nonsignificance issued July 3, 2002 Attachment f April 18, 2002 Memorandum from Joseph Butler, Flood Plain Manager, to Roger Giebelhaus, Thurston County Environmental Planner Attachment g April 23, 2002 Letter from David Youckton, Confederated Tribes of the Chehalis Reservation Attachment h April 30, 2002 Memorandum from Joseph Butler, Flood Plain Manager Attachment i May 30, 2002 Memorandum from Joseph Butler, Flood Plain Manager Attachment j Environmental Assessment Anderson Road Flood Access and Safety Improvement Project prepared by Jon C. Hare, Department of Natural Resources, Confederated Tribes of the Chehalis Reservation, not dated Attachment k Wetland Buffer Planting Program for Unavoiable Buffer Intrusions Associated with the Anderson Road Improvement Project, prepared by Habitat Technologies, dated May 6, 2002 Attachment l Drainage and Erosion Control Plan Report for Thurston County Roads and Transportation Services and Grays Harbor County Public Works, prepared by Albert Liou, P.E., dated May 23, 2002 Attachment m March 12, 2002 Comment Letter from John Ward, Thurston County Public Health and Social Services Department SSDP/SEPA Page 3

4 Attachment n March 18, 2002 Comment Memorandum from Steve Jett, Thurston County Roads and Transportation Services Attachment o Notice of Application mailed on April 4, 2002 Attachment p Comment Letter from Stephen James and Kathleen Brown Burkenbine dated June 11, 2002 with the following attachments: 1. April 13, 2002 Letter from Stephen James and Kathleen Brown Burkenbine 2. June 6, 2002 Letter from Stephen James and Kathleen Brown Burkenbine 3. Brief and Notice of Objection from Lorenne Hornby and signed by numerous other property owners Attachment q Comment Letter from Thomas R. Bjorgen, Bjorgen Bauer, dated June 13, 2002 EXHIBIT 3 Aerial Photograph from the Department of Transportation dated February 1996 EXHIBIT 4 Freehand Drawing Depicting Highway 16 and Anderson Road (red = Highway12; green = Anderson Road; orange post-its = residences involved with the appeal; yellow post-its = residences not involved with the appeal (For Illustration Only EXHIBIT 5 Drainage Report and Erosion Control Plan dated June 28, 2002 EXHIBIT 6 Photograph of Renner Farm taken in the 1970 s EXHIBIT 7 Photograph of Renner Farm taken February 1996 EXHIBIT 8 Four Photographs of Anderson Road and Highway 12 taken December 18, 2001 a. Photo taken from intersection of Highway 12 and Anderson Road depicting south of Anderson Road b. Photo taken from Highway 12 and Moon Road c. Photo depicting north of Anderson Road d. Photo depicting further north of Anderson Road. EXHIBIT 9 Five Photographs of the Hornby Property taken February 1996 by Nanette Hornby EXHIBIT 10 Three Photographs taken by Nanette Hornby Depicting Flooding in 2001 EXHIBIT 11 Profile (2 pages of the Chehalis Tribe Proposed Convenience Store and Gas Station on the corner of Anderson Road and Highway 12 EXHIBIT 12 Documents Relating to Federal Approvals SSDP/SEPA Page 4

5 a. February 1, 2002 Letter and attached plans from the Department of the Army b. Notice from the Bureau of Indian Affairs dated April 1, 2002 and Environmental Assessment prepared by Jon C. Hare, Department of Natural Resources, Confederated Tribes of the Chehalis Reservation; undated c. Biological Assessment; undated d. August 6, 2001 Memorandum from Richard Bellon, Archaeology and Cultural Resource Surveys regarding Plant Identification for Anderson Road Project e. August 7, 2001 Letter from Richard Bellon, Confederated Tribes of the Chehalis Reservation regarding State Historic Preservation for Anderson Road Project f. August 10, 2001 Letter from Richard Bellon, Confederated Tribes of the Chehalis Reservation g. July 25, 2001 Letter from Russell D. Esses, Grays Harbor County EXHIBIT 13 Wetland and Drainage Corridor Evaluation and Delineation Report dated October 10, 2001; prepared by Habitat Technologies EXHIBIT 14 Wetland Buffer Planting Program for Unavoiable Buffer Instrusions Associated with the Anderson Road Improvement Project dated May 6, 2002; prepared by Habitat Technologies EXHIBIT 15 Resumes of Albert Liou, P.E. and Shane Phillips, P.E. EXHIBIT 16 Aerial Photograph Titled Hydrolic Model Cross Section Location Map EXHIBIT 17 Comment Letters 1. August 1, 2002 Letter from Rick Weaver 2. from Duane Olsen; undated 3. July 1, 2002 Letter from Buck Graham, Grays Harbor Fire District 1 EXHIBIT 18 Public Comment Letter from Briand and Christina Fagernes; undated EXHIBIT 19 Public Comment Letter from Bethany and Larry Lael dated August 12, 2002 EXHIBIT 20 from Margaret Rader, Chehalis River Council Board of Trustees dated August 9, 2002 DECISION Based upon a review of the extensive testimony and evidence submitted at the open record hearing and the standards set forth in RCW 43.21C, WAC , TCC and the Shoreline Master Program for the Thurston Region (SMPTR, the Hearing Examiner concludes that 1 there was sufficient environmental review of the road widening project to comply with the requirements of SEPA, 2 the SSDP/SEPA Page 5

6 Appellants failed to demonstrate that, as conditioned, the project would have probable, significant adverse environmental impacts, and 3 the proposal, as conditioned, satisfies the criteria for a Shoreline Substantial Development Permit. Therefore, the appeal of the July 3, 2002 RMDNS is DENIED and the request for a Shoreline Substantial Development Permit is GRANTED, subject to the following conditions: 1. All construction shall be in substantial compliance with the conditions set forth in the July 3, 2002 Revised Mitigated Determination of Nonsignificance. 2. All construction shall be in substantial compliance with the Preliminary Engineering Plans dated August 28, 2001 (Exhibit 5, Appendix E. 3. Construction staging areas shall have proper erosion control in place during their use and be restored to a natural condition within 30 days of completion of construction activity. Detailed findings and conclusions in support of this will be issued no later than August 26, Decided this 15 th day of August LeAnna Drevecky \\TCBLDG1D\VOL1\USERS\TC034A\COMMON\sepa.sh\DECISION\AAPL\ Abreviated.ChehalisTribe.HornbyAppeal.doc SSDP/SEPA Page 6