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05-0770 MDNSSEPA NO: 05-0770 MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Pacific Frontier LLC. c/o Petra Engineering Description of Proposal: Preliminary Planned Residential Development Application to subdivide 4.15 acres into 29 multi-family units. The project includes a Shoreline Substantial Development permit for the creation of residential lots within the Shoreline Jurisdiction area. The project includes the construction of stormwater facilities, interior streets, and street improvements to Crystal Springs Road. Location of the Proposal: The project site is located on Crystal Springs Road, North of Yelm Avenue West (SR 510) Tax Parcel No.22719240600 Section/Township/Range: Section 19, Township 17 North Range 2 East, W.M. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C.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 on request. Conditions/Mitigating Measures: SEE ATTACHED Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Issue: March 27, 2007 Comment Deadline: April 10, 2007 Appeal Deadline: April 17, 2007 Grant Beck, Community Development Director This Mitigated Determination of NonSignificance (MDNS) is issued pursuant to Washington Administrative Code 197-11-340 (2). Comments must be submitted to Nisha Box, Community Development Department, at City of Yelm, 105 Yelm Avenue West, P.O. Box 479, Yelm, WA 98597, by April 10, 2007, at 5:00 P.M. The City of Yelm will not act on this proposal prior April 17, 2007, at 5:00 P.M. You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a written appeal no later than April 17, 2007 at 5:00 P.M. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title 17 YMC), Critical Areas Code (Chapter 14.08 YMC), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) (Title 14 YMC), Road Design Standards, Platting and Subdivision Code (Title 16 YMC), and the Shoreline Master Program. ------------------------------------------------------ DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday, March 30, 2007 Posted in public areas: Tuesday, March 27, 2007 Copies to: All agencies/citizens on SEPA mailing list and adjacent property ownerDept. of Ecology w/checklist ATTACHMENT SEPA Case Number 05-0770 Findings of Fact 1. This Mitigated Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: Environmental Checklist (October 2006, prepared by Petra Engineering LLC) Wetlands Inventory (October 2006, prepared by GeoEngineers Inc.) Geological/Geotechnical Assessment (August 2006, prepared by Gary A. Flowers, PLLC) Hydrogeological Assessment (February 2007, prepared by GeoEngineers) Buffer Averaging Plan (October 2006, prepared by GeoEngineers Inc.) Preliminary Storm Drainage Report (August 2006, revised February 2007 by Petra Engineering, LLC) The City of Yelm has adopted a concurrency management system as required by the Growth Management Act. Chapter 15.40 Yelm Municipal Code (YMC) Concurrency Management is designed to ensure that the improvements required to support development are available at the time of development. A concurrency determination may be issued for a proposal as it relates to transportation issues when: the development provides on-site frontage improvements; the project makes off-site improvements as necessary to provide for the safe movement of traffic; and the project makes a contribution to projects identified the six year transportation improvement program in the form of a Transportation Facilities Charge. The property is bordered on the east side by Yelm Creek, which is listed as a Shoreline of the State. There is a flood zone area adjacent to Yelm Creek, which encompasses the creek and its associated wetlands. Section 15.32.280 YMC prohibits construction of residential structures or any construction that residential structures, or any construction that results in any increase in flood levels. The Shoreline Management Act provides policies and regulations for development along Shorelines of the State. The Shoreline Master Program for the Thurston Region provides polices and regulations for development along Yelm Creek. Chapter 14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Protecting the shoreline by utilizing it as open space meets the open space requirements. Section 14.08.140(D)(2) YMC requires a 150 foot Riparian Habitat Area along Yelm Creek. Section 14.08.140(D)(2)(d) allows buffer averaging when the reduction will not reduce stream or habitat functions. The proposal creates residential lots which encroach into the 150 foot buffer though they provide buffer averaging throughout the site, with no structures located within the 150 foot buffer. Section 14.08.120 YMC states that no development shall locate within 50 feet, measured on a horizontal plane, from the outer edge of the high ground water hazard area or extending to a ground elevation two feet above the base flood elevation, whichever is less. Modifications to the prescriptive standards for the protection of critical areas may be authorized by the City. The Yelm Creek Comprehensive Flood Management Plan discusses the restoration of the section of the creek located on the east side of the proposed project. The restoration process includes the removal of the existing riprap covering the reuse water pipeline crossing downstream which is larger than necessary to protect the pipe from erosion. The unvegitated riprap channel lining is creating very poor stream habitat in this stretch, therefore, a much thinner covering and smaller diameter of stone would be sufficient to protect the pipeline from erosion. The Hydrogeologic report submitted by the applicant states that several feet of fill will be placed to raise the overall grade in the building area to reduce the adverse impacts from the high groundwater hazard. In turn, the existing underground utilities within the utility easement located near the north property line will be buried further underground if the proposed method of addressing high groundwater hazards is utilized. Section 16.16.050 (YMC) states that lots within a residential subdivision shall be designed so that lots adjacent to arterial and collector streets are not allowed direct access. Chapter 14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. The Yelm School District has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional demands on the school system will be mitigated through the requirement that the developer enter into a mitigation agreement with the District. Mitigation Measures 1. The applicant shall obtain all required State and Federal permits for the proposed Storm Water Detention facility with release of treated Storm Water to Yelm Creek. 2. Civil engineering plans shall include temporary erosion control systems to be approved by the City of Yelm. 3. The applicant shall provide illustration in the form of a written report demonstrating that the requested modifications proposed in the Hydrogeological Assessment addressing the high ground water flood hazard areas will not direct the high ground water in a way which could potentially have an adverse affect to neighboring properties. 4. The developer shall raise existing underground utilities which are located within an easement located near the north property line of the project site to a depth approved by the City Engineer and the Public Works department. 5. Prior to final approval, the developer shall remove existing riprap crossing Yelm Creek and replace it with smaller stones such as gravel to prevent erosion to the reuse water pipeline located beneath the existing riprap. 6. The developer shall provide at least 20% of total acreage as qualified open space, to include a minimum of a 50 foot buffer from the creek and associated wetlands. This area shall be signed to protect the shoreline environment, and shall provide public access to the Shoreline. 7. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District.