Correspondence, Notices, Notes
Date October 25, 1999
To Note to File - MPD-98-8216-YL, SW Conceptual Master Plan
From Cathie carlso~ty Planner
Re Mitigated Determination of Nonsignificance
Citizens at the Public Hearing on October 18, 1999, for the above referenced project raised
concerns regarding the adequacy of the MONS and stated their belief that the Environmental
Impact Statement for the SW Yelm Annexation, 1993, and the Addendum to the Final
Environmental Impact Statement, 1994, had expired Also, a comment letter from Kan
Rokstad, DOE, dated September 29, 1999, on the MONS suggested that the City withdraw the
MONS, citing WAC 197-11-600 (3) Based on these comments, I took the following steps
1 On Monday, October 18, 1999, I consulted with the City Attorney, Sandy Mackie, on
withdrawing the MONS Even though the project was the same proposal, it is his
opinion that an environmental checklist and subsequent MONS were necessary to
evaluate if there were indeed any changes that would require additional environmental
analysis for conceptual master plan review
2 On Tuesday, October 19, 1999, I spoke with Barbara Richie, DOE regarding the
process and procedure the City utilized In her opinion, the City's procedure was not
inconsistent with the State Environmental Policy Act. She advised me to make a note
to the file
Based on the information In the files, the previous environmental documents and the opinions
stated above in No 1 & 2, no further environmental action will be taken by the City, with the
exception of the required mitigation in the MONS issued on September 16, 1999
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE
PLACE
PURPOSE
Monday, October 18,1999,400 p.m
Council Chambers, City Hall, 105 Yelm Ave W , Yelm WA
Public Hearing to receive comments on the City of Yelm Parks and
Recreation Comprehensive Plan
APPLICANT City of Yelm
PROJECT LOCATION Yelm, WA
The Yelm Planning Commission will hold a public hearing to receive comments on the City of
Yelm Parks and Recreation Comprehensive Plan The plan uses public involvement, a park
and recreation inventory, goals and objectives and a demand and need analYSIS to formulate a
SIX year Capital Improvement Program The overall goals of the plan are to enhance and fully
develop all current parks and recreation areas and facilities, while developing new ones
Testimony may be given at the hearing or through any written comments on the
proposal, received by the close of the public hearing on October 18,1999 Such written
comments may be submitted to the City of Yelm at the address shown above or mailed to
City of Yelm, PO Box 479, Yelm WA 98597
Any related documents are available for public review during normal business hours at the City
of Yelm, 105 Yelm Ave W , Yelm WA. For additional information, please contact Cathie
Carlson at 458-8408
The City of Yelm provides reasonable accommodations to persons with disabilities If you
need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at
(360) 458-8404, at least 72 hours before the meeting
ATTEST
City of Yelm
/1
(//b/)! 0 ;I'Vi&WYlLC 1::_
Agn~s Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News Fnday, October 8, 1999
Posted in Public Areas Wednesday, October 6, 1999
Mailed to Adjacent Property Owners Wednesday, October 6, 1999
o ~~~o~~r .
n OCT - 8 ll99 L:
STATE OF WASHiNGTON
DEPARTMENT OF ECOLOG,Y
po. Box 47775 0 Olympia, Washington 98504-7775 0 (360) 407-6300
October 6, 1999
Ms Shelly Badger, City Admllllstrator
City of Yelm
PO Box 479
Yelm W A 98597
Dear Ms Badger'
We sent you a letter on September 29th regardlllg the MONS Issued for the Conceptual Master Plan
Approval for an 1,860-acre development III Southwest Yelm In reviewing our database, It was
discovered that Ecology s Water Resources comments were not IIlcluded III that letter The followlllg
comments are the Water Resources concerns
The Water Resources Program, Southwest Regional Office, does not have adequate IIlformatlon to assess
the extent and valIdity ofthe water nghts associated with the property It IS unclear how Irngatlon water
wIll be supplIed to the 456-acre golf course, or If the City ofYelm's current municipal water nghts are
adequate to supply domestic water to an additional 5,000 homes
The City should be aware that water rights may not necessanly be detenlllned by the face value of a
certificate, and that any modification of eXlstlllg nghts wIll require detaIled evaluation by the Department
of Ecology IIlcludlllg a showlllg of hlstonc water use and eVIdence that they are not subject to
relInqlllshment for non-use
We would be happy to proVide techl1lcal assistance to the City regardlllg water nghts, but untIl additional
IIlfOrmatlon IS prOVided Ecology IS concerned that the City's eXIstlllg water nght are not adequate to
prOVide water to this project.
..
If you have any questions or would like to respond to these comments, please call Ms. Jill Walsh (Water
Resources) at (360) 407-0274 or With any other questions regardlllg this proposal Ms. Kari Rokstad
(SEP A Coordinator) at (360) 407-6787
S'm~Y' i ,~.
AlJ!~
S WRO Adml11lstratlon
AW (99-6101a)
cc Kan Rokstad, SWRO/SEA
Jill Walsh SWRO/WR
~..
@
OO@T-OOG-ID@ WEW @~:5$ AM SWRO
FAX NO. 3604076305
P. 01/01
SlATE Of WASHINGTON
DEPARTMf:NT OF ECOlOG,Y
PO Box 47775 · Olyml,ia, Wc1shingfolfl 98504-777S . (360) 407.6300
0" tobel" 6, 1999
Post-It'" brand fax transmittal memo 7671 # of pages ~
To From
Ms Shelly Badger, City Adnllnlstt'<:ltor
City ofYulm
PO Box 479
Ycl1n, W ^ 98597
Co.
Co,
Dopt,
FMII
Phone II
Dear Ms I3adg(.;r'
We s~nt you a Idll::r 011 September 29th regrmling the MDNS Iss\H:d for the Conc<.:ptu[.ll MaSler Plan
Approval for nn 1 R60-acrQ development ill SouthweSl Yclm In reviewing our datnbase, It wa~
diSl,;oven~d th(\t Ecology's W:Her Rcsoun:cs commellts w<;;rc not Illcltldccl \l1 t.hat tc\t~r The followlI1g
ComJllt;n[s 3rc th~~ Water Resources COJlcel'llS
'rho Waf!.:r Resourccs Program, Southwest Regional Oftic<;;, docs not have adequate IJ1fOnnatloll to asscs~
thl,) extent find validIty of the water rIghts as,.;;oc.;latcd willi the property It IS lInclcu how irrigation water
wilt hI.: supplied to tiN 456-acrc golf courso, or i[lhc CIty o[Yclm's current mUlllclpal wal\:f J'lghlS <In,)
i\ckquntc to supply domestIc water 10 an addItional 5,000 homes
Thc City ~h()uld be owarc that watef nght~ may not l1i:cessanly be determined by thc face vnluc of a
ccrllfiesl", and Ihat any 1l10dJllcHllon of eXIstlllg fights will reqt.l1re d<:larlcd evaluatIon by Ihe D\"panll"lcnt
of bcology II1cludlllg a ::;howlI1g of histone ,"Wiler !.I::;\; and evi(!c::nec that they are not subJuct to
rd1l1quishmClltlhr nOll-use
We would be happy to provide technical assistance to the City rcgardmg water rights, but llntil ,lddHlOnal
III formatton IS provided Ecology IS concerned that the City's eXIsting water fight arc not adequate to
provi(/i: water to Ihls proJcd.
I r YOll have any ClllcstiollS or would like Lo respond to 111ese comnlcnts, pleaso call Ms. Jill Wnlsh (Wall'l"
H.CS()III'C"~S) <1t (360) 407-0274 or wrth any othcr qllcstlOllS regnrdlng this proposal Ms. Kari Rol{stall
(SEPA CoonHualor) tlt (360) 407-6787
~n;;;{iJJ~/
^~;C Wflite
SWI{O AdmilllSll'tlllon
AW (99"610In)
1;(, Klln Rokstad, SWRO/SEA
""11 W<llsh, SWRO/WR
-'oi~.~;~"
o
09/29/99
15 31
DEPT OF ECOLOGY, PERSONNEL
001
STATE Of WASlilNGTON
DEP^RTMENT OF ECOLOGY
1'0 flux 47775 . OJymlJiil, Wil.~JliIlMt(JIJ 9fJ504.777S ... (60) 407-630(1
September 29~ 1999
City of Yelm
Shelly Badger, City Administrator
105 Yelm Avenue West
J> 0 Box 479
Yelm, W A 98$97
Thank-you for the opportunity to comment on the mitigated determinl;ltion of non-significance (MONS)
issued for the Conceptual Master Plan Approval (CMPA) for Iln 1860-aore development in Southwest
Yehn. 1 contacted the City ofYelm planner, Ms. Kathy Carlson, to answer some questions about t~is
proposal I learned that the MONS is for a CMPA for which an EIS was completed in 1994 I also
leamed that the CMPA was previously approved but a 3-year period related to the CMPA had expired.
Because iii new action related to the CMPA is required, the City ofYelm issued an MONS for the
proposed CMPA.
Ms. Carlson informed me that the proposal as defined and evaluated in the 1994 EIS has not changed.
SEPA provides guidance for situations such as these in WAC 197-11-600 (3). Specifically, the WAC
states that; "All)' agency acting 0.1 the same proposal shall use an environmental document
unchanged. . .." There are some exceptions to this, but none of them seem to apply to the action being
proposed To be consistent with SEPA, and to avoid confusion created by issuing an MDNS for a
proposal for which a DS has already been issued, it may be prudent for the City ofYelm to withdraw the
MDNS.
Additionally, during my conversation with Ms. Carlson, J learned that there are two new environmental
considerations relevant to this proposal. These include the flooding problems in tbe Thompson Creek
area, and the new and proposed endangered species listings. The City may want to consider these two
new issues in relationship to the proposed Master :Plan at somo point in the process. It may be appropriate
to assess potential impacts Ilnd mitigation related to these two issues now, before making the decision on
the CMP A.
Sincerely
KaM'~
Karl Rokstad
SEP A Coordinator
Southwest Regional Office
KR.dj
.'I~)'II
o
NONsisNil'lcAWANse
SEPA No: 8216
Proponent: DragVDeTray LLC>
De~cr,ip,tion,!fp.rop,,\sal: Col1ceptual
Mast~r Plan approval foi 1860acres\vith '
III proPQ.~e9 resident!al.density be)ween
4800-5000 Units (maximum 5000 units
minimum 3946 units required). The piciposaJ
inclu~es, ~ golf courses, 37 acres of parks
and open space; 31 RCreS for schools and
30 ~ f~b~ and rapid infiltration areas
for reuse water. .
,.L,~ation of \h.,! Pr~poslll: ~outhwest
Yelm.'" I,'"'' ""'.',,,. . (,.
.:?eCtiorilTowl)Ship/Range:' Sections 23
(;'24/25:26"~nd.?7 Townshipc17N, Rang~
I lI~i W.M.'~";' '<:;~' ~'.l,._\'
Threshclid Det8rminatkx;;m,.;' C~ ofYelri1
as lead ageOey tor this actiCili haS'detemlined '
that this prOPosai~ave a prob8ble
=;~~~~
:(EJ~),.will not be required under RCW
~:21C,030(2)(c). This decision was made
aft~'i ievieY; of a: completed environmentai '
9'i!l.c.illi~tand other infcirmationon file with
~1!1;.~.agency.,This information is availllble
to the public on request.
, ,Qonditlonsllv!itigating Measures:. This
Mitigated D,etemiination of NoriSignificance
is based on the.project as proposed and
impacts and mitigation reflected in the
, following:
'Environmental Checklist (dated June
22 & r?vised August 24, ,1999, prepared by
Klrkbnde & Associates;) ,
, ~FIDlllE;~yi~ninentaI Impact Statement
for the'1?,~uth#est YelriiAnnexation.' Juiy
1993. ,.
'Addendum to th.e FI~al Environmental
Impact Statement fo;'; lIlElSouthwest Yelm
Annexation, 1994. .. ""i.i,'
,'Final EnvironmentaIimpact State, City
of Yeim Comprehensive Plan .and Joint
Pian with Thurston Cciu'nty. January 1994.
'Yelm Compreh!lnslve Transportation
Plan 1997 " r:~;~ ,,"'):; ,
. ,plass II E;nvi~Assessment, City
ofYelm WaterRe,l!se Projget:August 1997
'Water 'I'leu~e SEPA and NEPA
Do,cument. City of Yelm.Water Reuse
li''li'Je!:l F~ PIaIl, Appent1ix',W:'JUJ;i:l995.i
Al1g,the following conditicins~..':t'.:'l.ri';,'\zi:'~F,:
. .,!l,'!fh!l. ~plii:ari(shal{comply with kll
. ml!J9lil!Oni as re;quired In the Final
, ',!:I)~{r.onin.erital"mpact Statement-for .the
. ~,~uthwest Yelm Annexation. 1993,
'ih:.?,)he llPplical1t ~~all com.ply with. ",II
mitigation as required in the Addendumto
the Final Env!rqnmentallmpact Statement
for th,e SouttiwestYelm Annexation ,,1994.
. 3.'The apPlicani~~all PrOVlde'the CitY
wlth,llddltlomll envlronmental'analysis;
information or special. stud'ies, if needed.
during tha environmentaV projeel review for
Flnal./;1aster Plan and/ or specific
developmept proposals. Such environmental
analy~is'and/or/ studies may Inc.lude but
\" \ \ \ \II" 11/'1 are not Iimtted to: earth, air: water (surtace;
,,\ ., M G '1 ground ~ runoff). noise. land use, housing,
~'" tJ~ " . ,'J)~;, aesthetics,recreation.transportation.public
~~, ' ~n ~~'1~ services. and utilities.
~ ~ Lead agency: City of Yeim
::: :o~ ",,' Respqnsible Official: Shelly Badger.
_= '0 ","OT AR y <<ll City Administrator
_ 0 Date oi Issue: September 16: 1999
_ . Comment Deadline: 5:00p.m.
::~, PUBUC Sept!lmber29,1999
tary Public in and for the State of Washingto~ ~', ,"'" t::::J',. ",Shelly Badger
~,.,~ . . ~ y 7- '\) I... City Administrator
residing at Yelm, Washington. ~ ~ 25. ~ This ~itigat~d".Determ.'p~lIon of
~I'I Qc:- \V AS 1(\ , NonSlgnllicance IS Issu~d pursuant to
1111I , \ \ \\ \ \! . W~shingto.n AdlTJ,inistrative Cod,e tIl7 11
II '1 340(2). The City of Yeim will not act on
this proposai prior to 5:00 p.m., October 15.
,l,!;l99. Comments must be submitted to
Cath!lrine Carlson, City Planner. at City of
Yelm; 105 Yelm Ave. W.. P.O. Box 479.
Yelrn,WA 98597, by 5:00 p.m., September
29. 1.9~\l.
, 'You maY appeal this determination to the
Yelm City Council. at above address. by
submitting a written appeal no later than 5:00
p.m., October 6, 1999. You should be
prepared to make specific feelual obJectlons.
Conteel Agnes Bennick. City Clerk. to learn
. more about the procedures for;SEPA
appeals.;niis MONS is not a i:>enntt and does
.lIlll by itsel.f f<o~stituteproj~ct approval.
I ~.appiicant I1l!Jl!l 09,Il111.1y With at! applicable
II . requ~rements ofC>-'tlQl~J\li'ofYelni prior to
receIving constructlori'permits whlchmay I
In<;Iude' but are riot limited to theCIly of Yalm
Comprehensive Plan. Zoning 'Title (17).
Criti~al Area~. Ordillllnce (14,06). Storm ,CO-'
Wa~r DJ'llinage Design and Erosion' cOntrol
M~n~ali,!Dq~). Unifonn.Building Code,
State Envlronmental'Policy Act (SEPA)
TiUe (14), Road Design Standards Plalllng
and Subdivision TiUe (16), 'and the Sooreline
Master Program. r
LEGAL NO. NVN.132'
p'ublished In the Nisqually Valley News
~tember17,1999. "
A Home-Owned Legal Newspaper in Thurston County
YELM, WASHINGTON 98597
RECEIVED
SEP 2 0 1999
AFFIDAVIT OF PUBLlCATIO
STATE OF WASHINGTON} SS
County of Thurston
BY:
Keven R. Graves, being first duly sworn on oath depos-
es and says that he is the General Manager/Editor of
the Nisqually Valley News, a weekly newspaper That
said newspaper is a legal newspaper and has been
approved as a legal newspaper by order of the Superior
Court in the county in which it is published and it is now
and has been for more than six months prior to the date
of the publications hereinafter referred to, published in
the English language continually as a weekly newspaper
in Thurston County, Washington, and it is now and dur-
ing all of said time was printed in an office maintained at
the aforesaid place of publication of said newspaper
That the annexed is a true copy of Mitigated
Determination of Nonsignificance as it was published
in regular issues (and not in supplement form) of said
newspaper once a week for a period of 1 week(s), on
the 17 of September, 1999, and that such newspaper
was regularly distributed to its subscribers during all of
said period That the full amount of the fee charged for
the foregoing publication is the sum of $97 75
(~~
"""'"
Subscribed and sworn to before me this
17 day of September, 1999.
G
/lA
.;: