Critical areas questions made public

The article following these comments appeared in the August 23, 2006 Jefferson County edition of the Peninsula Daily News.

Because Al Scalf is interested in obtaining as much comment as possible on the information provided in the FAQ we'd like to ask that you click here to download the draft FAQ PDF file, go through it with a critical eye toward making improvements that more closely address your concerns where necessary.

For instance, the 450 foot buffer is addressed in this draft of the FAQ as a waiver, which is only part of the story.  in Note 3 following the chart on page 14 of the ordinance update draft we see that:

"Uncategorized wetlands shall be assumed to be Wetland Category 1 with wetland characteristics that require the largest buffer width in the respective wetland category, unless an assessment is made of the wetland in order to determine its category and classify the wetland according to the wetland characteristics in Table 3-4B of this section.  The applicant shall be responsible for determining the wetland category and characteristics, and that determination must be made by a qualified professional." 

This changes the philosophy of this being a waiver to its being a default for those who find uncategorized wetlands on their property.  There are a lot of those in Jefferson County.

Question 62 is interesting . . . 

62. Isn’t 30 feet enough to protect a wetland?

No. According to DOE, the first 10 to 50 feet removes the core sediment. Fine sediment is removed between 100 and 300 feet. Nitrogen and phosphorous are removed 30 to 200 feet. Wildlife “screening” occurs between 50 and 150 feet. Wildlife habitat needs 100 to 1200 feet for a buffer.

Buffer filtering varies depending on many factors, including soil types and slope.  The GEI study added to the best available science (BAS) collection on June 21, 2006 indicates that wider buffers don't necessarily add significant levels of function.  We are not bound to the use of the Department of Ecology's BAS collection by the GMA.  We are required to consider it, but we are also allowed to use science from other sources to meet our local conditions.

Now, where did that 1200 foot buffer for wildlife habitat come from?  It wasn't part of the draft updates to our ordinance.  Is that where we are headed at the next review of Jefferson County's CAO?

We need your help in reviewing and responding to the draft FAQ document.  There are several more things that need clarification, of which these are but two examples.  Al Scalf is soliciting our assistance with this, so let's jump in and help make it a better reflection of our understanding.

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Critical Areas questions made public

Peninsula Daily News

PORT TOWNSEND — With accurate, and inaccurate, information swirling around the proposed critical areas ordinance, a list of frequently asked questions (with answers) was distributed at the weekly county commissioners meeting Monday.

Al Scalf, director of the Department of Community Development, handed the commissioners and those in the audience copies of the six page, double-sided document containing 96 questions about the proposed ordinance.

"This is not all inclusive," Scalf told the commissioners.

He said the questions were generated mostly from a well-attended June 21 meeting of the county Planning Commission in which the critical areas ordinance was the main topic of discussion.

The questions were also taken from public comments at Planning Commission meetings since June 21, and from e-mailed comments, Scalf said.

Devoid of jargon

The department tried to answer the questions in a manner devoid of bureaucratic jargon, Scalf said.

Question 2 asked, "What are 'critical areas?' "

The answer:

" 'Critical areas' is a term found in the GMA [state Growth Management Act] and includes a)wetlands, like swamps, marshes or bogs; b) aquifers, where rock or soils conducts water; c) fish and wildlife habitat, such as creeks, rivers, mudflats, forested areas; d) freque3ntly flooded areas for both fresh and salt water; and e) geologically hazardous areas like landslides, steep slopes and rock falls.

"The GMA requires a county to both designate and protect critical areas."

As soon as he handed out the document, the audience began reading through it, and some immediately wrote notes on it.

During the public comment session of the meeting, Mike Belenski of Port Ludlow took issue with No. 15 in the document:

Q. "Who drafted the Critical Areas Ordinance (CAO)?"

A. "The county's Department of Community Development Long Range Planning staff wrote the draft ordinance."

Belenski said the county staff had assistance, or guidelines, from the Washington Environmental Council.

Jefferson County entered into a settlement agreement with Washington Environmental Council in January 200[6] after the county was petitioned by the council for failing to use best available science when protecting critical areas.

"I'm sure [the frequently asked questions] will stimulate a lot of discussion," said Scalf.  "I hope it does."

The document can be viewed at

www.co.jefferson.wa.us/CriticalAreas.htm

(click on New Items).

For questions, or to submit comments, e-mail

planning@co.jefferson.wa.us

or phone 360-379-4450.