Anderson Road, More Information Appeal Thurston County Chehalis Tribe, Flooding August 2002 Chehalis River Council

Margaret Rader, Chehalis River Council chairperson, sent me two files. They dealt with the Application and the Appeal. Here is the information she sent:

Chehalis Tribe Application
Hornby Appeal

Chehalis Tribe Application

- - - August 12, 2002

CASE- - - SSDP 020135
APPLICANT- - - Confederated Tribes of the Chehalis Reservation
REQUEST
Approval of a Shoreline Substantial Development Permit to reconstruct and widen Anderson Road from 188th Avenue/Howanut Road to State Route 12. The proposed new roadway would widen drive lanes, widen paved shoulders, add drainage filter strips, etc. The road project is partly located within the 100-year floodplain of the Chehalis River. The Shoreline Master Program for the Thurston Region (SMPTR) has designated a portion of the roadway (located within floodplain) to be within Rural Shoreline Environment.

GENERAL INFORMATION

A.- - - Applicant:- - - Keith Kramer
Confederated Tribes of the Chehalis Reservation Planning Department
420 Howanut Road
Oakville, WA 98568
B.- - - Location:- - - Anderson Road Between 188th Avenue/Howanut Road and State Route 12.
C.- - - Legal Description:- - - Section 2 and 35/Township15 and 16 North/Range 4 West
PROJECT DESCRIPTION
This project involves the reconstruction and widening of Anderson Road that is partly located in the 100-year floodplain. Anderson Road is also located within both Thurston County and Grays Harbor County with the centerline of the existing road being the County line. The majority of the proposed widening project will take place in Grays Harbor County since the additional right-of-way will be located west of the existing roadway. The proposal calls for the use of 46,000 cubic yards (CYS) of fill material for widening of the existing roadway by 40 additional feet. The majority of the fill will come from hillside excavation needed to widen the road at the south end of the project. The Applicant will be acquiring 5.7 acres of land for additional right-of-way for the new road and 5.4 acres of land for construction easements.

The new roadway will install three sets of culverts to allow continued water storage and flow during flood events. The proposed 19 culverts are identified by station on the attached site plans. The first set of seven, six-foot by ten-foot concrete box culverts located at station 84+50, will replace an existing 60-foot long bridge. The second set of three, four-foot by ten-foot concrete box culverts, will be located at station 93+50. The last set of nine, four-foot by ten-foot box culverts, is located at station 108+00.

The Applicant will attain an easement along the east side of the road right-of-way from a neighboring property to excavate 16,300 CYS of gravel and other material for use as base fill for the widening project. The linear shaped (parallel to the road) channel/barrow pit activity will run from station 81+75 to 93+91. The channel will take up 3.4 acres and be 990 feet long by (150-feet wide. When the excavation activity is completed, the pit will be re-contoured to 3:1 slopes using the overburden. The pit/channel site will be hydro seeded and used to provide storage capacity within the 100-year floodplain.

The new road is designed to Thurston County Minor and Major Collector Road Standards with two 12-foot drive lanes, eight and ten foot wide shoulders, and ten foot wide filter stripes or bio-filtration swales. The wider road shoulders are intended to safely accommodate pedestrians and bicyclists.

The Chehalis Reservation is often cut off from outside emergency services during flood events. The new Anderson Road will continue to be flooded during 100-year flood events, but will not close as frequently due to lesser flood events. In addition, the proposed widening will provide greater safety through improved site distance, visibility, and with wider drive lanes.

BACKGROUND

This project is located within Rural Residential/Resource--One Dwelling Unit per Five Acres (RRR 1/5) and the Long Term Agricultural Zoning Districts (LTA). The road-widening project is exempt under the Scope of Regulations Chapter of the Thurston County Zoning Ordinance (Chapter 20.05.030).

The proposed project is located within the 100-year floodplain of the Chehalis River and in the shoreline jurisdictions under of the Shoreline Master Program for the Thurston Region (SMPTR). The project is located within the Rural Shoreline Environment as designated by the SMPTR. The proposed project has a fair market value greater than $2,500.00 and is required to obtain a Shoreline Substantial Development Permit under the SMPTR and the Washington Shoreline Management Act (WAC 173-21-040).

All development within the 100-year floodplain must comply with Chapter 14.38 of the Development in Flood Hazard Areas of Title 14 of the Thurston County Code.

NOTIFICATION

Written notice of the public hearing was sent to all property owners within 500 feet of the site and notice was published in The Olympian on August 2, 2002, at least ten (10) days prior to the hearing. The site was posted on August 2, 2002.
ENVIRONMENTAL EVALUATION
The 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, 2002. Two Comment letters were filed on the 17th of July and corresponding appeals then followed on the 24th of July. The RMDNS has been appealed and the appeal and shoreline permit hearings will be heard together.

APPLICABLE SECTIONS OF THE THURSTON COUNTY LAND USE REGULATORY CODES
Thurston County Zoning Ordinance: Chapters 20.05 and 20.09A.
Shoreline Master Program for the Thurston Region: Pages 2, 5-7, 109-111 and 195-197.
Thurston County Critical Areas Ordinance: Pages 900-12, 900-13,
Thurston County Code, Title 14: Chapter 14.38

DEPARTMENT ANALYSIS

A.- - - This proposal is exempt from review under the Thurston County Zoning Ordinance, Chapter 20.05.
The proposed new roadway widening is an expansion of an existing roadway that is a permitted use under the CAO regulations. The mining activity is part of the mitigation for the road widening project and a source of fill material for the road expansion. The proposed activity is permitted under the CAO without further County review.

The Applicant's wetland consultant (Habitat Technologies) identified a Class III wetland located adjacent to Anderson Road. The CAO requires a 50-foot buffer be maintained adjacent to Class III wetlands. The existing road encroaches into the identified Class III wetland buffer. The proposed road widening will reconstruct the new road within the same right-of-way while still encroaching into the wetland buffer. The Applicant's consultant developed an enhancement plan titled "Wetland Buffer Planting Program For Unavoidable Buffer Intrusions Associated With The Anderson Road Improvement Project." The program will take the existing buffer area and replant it using native plants that will benefit and enhance the adjacent wetland. In addition to the plantings, the consultant would conduct a five-year monitoring plant to insure survival of the plantings.

The wetland enhancement plan, as proposed, is consistent with Section 17.15.940 of the CAO.

The fair market value of the proposal exceeds $2,500.00, making it subject to a Shoreline Substantial Development Permit under the SMPTR requirements. The Road and Railroad Design and Construction Chapter of the SMPTR are the most applicable to the proposed use. The project appears to comply with the Policies, General Regulations, Environmental Designations and Regulations sections of the Road and Railroad Design and Construction Chapter.

The following is County staff's evaluation of project compliance where applicable policies and general regulations of the Road and Railroad Design and Construction Chapter of the SMPTR:

Policies:
"3.- - - Roads and railroads should be designed, constructed, and maintained to minimize erosion and to permit natural movement of ground water and flood waters to the extent possible."

This proposal will comply fully with the Thurston County Drainage Design and Erosion Control Manuel (DDECM). The new culverts will be longer thus permitting a wider channel to form, and thus reducing the amount of water flowing over the road.

General Regulations:
"4.- - - All excavation materials and soils exposed to erosion by all phases of road, bridge, and culvert work shall be stabilized and protected by seeding mulching or other effective means, both during and after construction."

The proposed project will utilize all excavated material from the mining activity and cut and fill for the road-widening project. The MDNS conditions require that this project use appropriate erosion control throughout all phases of the development.

"8.- - - Storm water runoff shall be controlled to reduce suspended solids before entering, any surface water body."
- - - The Applicant has submitted a drainage report that complies with the DDECM. The proposed project has filter strips (10-feet in width) or bio-filtration swales on each side of the road. In addition, conditions under the MDNS address erosion control through all phases of the project.

The development activity within the 100-year floodplain is subject to the review under the Thurston County Code, Title 14, and Chapter 14.38. Joseph Butler, Thurston County Floodplain Administrator, has reviewed the proposed project. On more than two occasions, the Applicant and the Floodplain Administrator have discussed issues regarding increased floodwater rise given under various flood events due to this road-widening project. On April 18, 2002, Environmental Review staff received a Memorandum from Joseph Butler regarding the proposed project. In Mr. Butler's memo (attached), are a series of concerns were discussed with a recommendation made. The memo was forwarded to Keith Kramer, representative for the Confederated Tribe of the Chehalis Reservation, and a response was received on April 23, 2002, which indicates that the tribe will not hold Thurston County responsible for any flooding impacts. On April 30, 2002, the Floodplain Administrator responded to the memo. On May 30, 2002, he summarized his concerns and remedy to the situation.

The Floodplain Administrator requests the Hearing Examiner make a determination regarding the flood hazard. Two choices that were described in the May 30th memo are that the Hearing Examiner determine that a hazard exists and the statements of understanding can be responded to in the positive, or no hazard exists and in either case will approve the Anderson Road Flood Model as presented.

The Washington Department of Fish and Wildlife has determined that a Hydraulic Project Application will not be required. In addition, the U.S. Army Corp. of Engineers has also indicated that no permit will be required.

G.- - - Thurston County review agencies have submitted their comments and recommendations, which are attached to this report.

The Development Services Department did receive one comment letter from an adjacent property owner and a second letter from their attorney. Both letters are attached and made part of this report.

DEPARTMENT RECOMMENDATION

Based upon the above analysis, the Development Services Department recommends approval of the Shoreline Substantial Development Permit to widen Anderson Road within the shoreline jurisdiction of Thurston County, subject to the following conditions:

All construction activities shall be in substantial compliance with the conditions of the Mitigated Determination of Nonsignificance

B.- - - All construction shall be in substantial compliance with the reviewed plans included in the JARPA application.
Construction staging areas shall have proper erosion control in place during their usage and the site shall be restored to a natural condition within 30-days after abandonment by construction activity.

The Applicant shall work with the Thurston County Floodplain Administrator to assure this project is in compliance with Thurston County Code, Chapter 14.38, Section 050 1.e. (4).
Roger Giebelhaus, AICP
Environmental Planner

- - - LIST OF EXHIBITS

EXHIBIT 1- - - Development Services Department Report

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 (available upon request)
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 (available upon request)

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
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:
April 13, 2002 Letter from Stephen James and Kathleen Brown Burkenbine
June 6, 2002 Letter from Stephen James and Kathleen Brown Burkenbine
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

Hornby Appeal

CASE:- - - AAPL020135
- - -
RELATED CASE:- - - SEPA020135

APPLICANT:- - - Confederated Tribes of the Chehalis Reservation

APPELLANTS:- - - Lorenne Hornby

REQUEST

Appeal of the County's Revised Mitigated Determination of Nonsignificance (RMDNS). The concerns of the Appellant are that the RMDNS was issued without benefit of an Erosion and Drainage Control Plan, consideration of cumulative impacts, and the proposal violates the Thurston County Flood Control Ordinance.

GENERAL INFORMATION

A.- - - Appellants:- - - Lorenne Hornby et al
- - - 29 Sickman Ford Roads
- - - Oakville, WA 98568

B.- - - Representative:- - - Ralph E. Olson
- - - Olson Althauser Lawler & Samuelson
- - - 114 West Magnolia, P.O. Box 210
Centralia, WA 98531

C.- - - Applicant:- - - Keith Kramer
Confederated Tribes of the Chehalis Reservation Planning Department
420 Howanut Road
Oakville, WA 98568
- - -
D.- - - Location:- - - Anderson Road; between 188th Avenue/ Howanut Road and - - - Highway12- - -

APPEAL DESCRIPTION

The Appellant alleges that the RMDNS issued on July 3, 2002, and made final on July 17, 2002, did not take into account impacts to neighboring property owners in the area and that an Environmental Impact Statement should have been required. The appeal indicates that the mitigating conditions of the RMDNS are in error and inadequate. The appeal further indicates that the proposed new road is not designed to allow water to pass under or through it for a 25-year, 24-hour storm event as required by the Thurston County Drainage Design and Erosion Control Manual (DDECM). The appeal continues to argue that the RMDNS failed to consider cumulative impacts and since no drainage and erosion control plan were submitted for this project, the County had inadequate information prior to issuing an RMDNS. Finally, the Appellant argues that the proposed road project violates the Thurston County Flood Control Ordinance. The specifics regarding the impacts are attached in the Appellant's appeal and are covered in further detail in the Analysis Section of this report.

NOTIFICATION

Written notice of the public hearing was sent to all property owners within 500 feet of the site and notice was published in The Olympian and The Chronicle on August 2, 2002 at least ten (10) days prior to the hearing. Notice was posted on August 1, 2002.

ENVIRONMENTAL EVALUATION

A Mitigated Determination of Nonsignificance was issued July 3, 2002. Two comment (included is the Appellant's letter) letters were received on or before July 17, 2002. The appeal from Lorenne Hornby and associates was filed July 24, 2002.

APPLICABLE SECTIONS OF THE THURSTON COUNTY LAND USE REGULATORY CODES

Chapter 17.09 of the Thurston County Code - State Environmental Policy Act

Chapter 19 of the Thurston County Code - Shoreline Master Program for the Thurston Region
Chapter14.38 of the Thurston County Code - Development in Flood Hazard Areas Ordinance

DEPARTMENT ANALYSIS

The Mitigated Determination of Nonsignificance was based on information presented in these documents:

Environmental Checklist
Shoreline Substantial Development Permit application
Environmental Assessment Document
Engineered Drainage and Erosion Control Plan, prepared by Pacific International Engineers
Final Hydraulic Report, prepared by Pacific International Engineers
Geotechnical Report prepared by Geo Engineers Inc.
Memorandum from Scott Lindblom of Thurston County Water and Waste Management (July 2, 2002).
Memorandum from Joe Butler, Flood Plain Administrator, Development Services Department (July 3, 2002)

The Appellant's have appealed the RMDNS based on errors and related issues submitted and attached to the appeal. The alleged errors are as follows:

"2. (a)- - - Even the mitigating measures contained in the RMDNS of July 3, this proposal will have probable significant adverse environmental impacts by increasing the frequency and severity of flooding."

The proposed new roadway allows more water to flow through it than the current roadway allows. The new project with the multiple culverts will backup floodwater during a 2.6-year storm event or greater. The majority of the land adjacent to the project is within the 100-year floodplain that was analyzed in the final hydraulic report. The report indicates that due to the design of the roadway, some areas immediately around the new Anderson Road will see a decrease in the flood elevation while other areas will increase. However, the areas where the flood elevations will increase are relatively unpopulated and have the capacity to store additional floodwater.

"2. (b) The failure of the RMDNS to consider cumulative impacts demands that it be withdrawn."

A great deal of time was spent on evaluating the cumulative impacts during the review of this project. The design of the project changed based on the downstream impacts that would have further threatened property owners who already experience serious flooding problems. The road design is based on the hydraulic model of the Chehalis Basin and how this project fits into it. The project will affect portions of individual properties without creating more than a moderate environmental impact.

"2. (c) The RMDNS was based on inadequate information due to the failure to prepare a Drainage and Erosion Control Plan."

The RMDNS was issued with an approved Drainage and Erosion Control Plan submitted by Pacific International Engineering. The engineering staff of the Thurston County Water and Waste Management Department (WWM) reviewed the plan. The memo regarding their review is attached and made part of this report. The DDECM is a document that was written more for situations outside the 100-year floodplain. The WWM staff considered the circumstances, the Final Hydraulic Report and other information to determine that the project complied with the DDECM. The decision was based balancing the flow capacity under the road vs. the downstream impacts.

"2. (d) The proposal violates the Thurston County Flood Control Ordinance."

The Thurston County Flood Plain Administrator has reviewed the proposed project with regard to the environmental impacts and indicated in an attached memo that this development will have less than a moderate environmental impact. The issues of the flood plain ordinance are analyzed in the shoreline permit staff report.

DEPARTMENT RECOMMENDATION

Based upon the above analysis, Development Services Department recommends denial of the appeal of the Revised Mitigated Determination of Nonsignificance for the Anderson Road Project.

_____________________________
Roger Giebelhaus
Associate Planner

FILENAME \p \\TCBLDG1D\VOL1\USERS\TC034A\COMMON\sepa.sh\SR\APPEALS\AAPL020135.rg.doc
- - -

LIST OF EXHIBITS

EXHIBIT 1- - - Development Services Department Report with the following Attachments

- - - Attachment a- - - Notice of Public Hearing dated July 30, 2002

Attachment b- - - July 24, 2002 Appeal of Administrative Decision 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

Attachment g- - - July 3, 2002 Comment Memorandum from Joseph Butler, Flood Plain Manager

This page created and maintained by Dave Palmer
Send comments or questions to: Dave

Back to Whats New Index Page
Back to CRC Index Page
Back to Flood Index Page
Back to Thurston County Issues Index Page

This page created and maintained by Chehalis River Council
Send comments or questions to the: Chehalis River Council