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HomeMy WebLinkAboutResolution to Adopt SMP Amendments 11-29-2018BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018-_______ A Resolution of Kittitas County, Washington Stating Intent to Adopt Shoreline Master Program Amendments and Authorizing the Submittal of Proposed Amendments to the Washington State Department of Ecology WHEREAS, the Washington State Shoreline Management Act (RCW 90.58) and its associated rules (WAC 173-26) require local governments to develop and administer shoreline master programs that include policies and regulations that govern designated shorelines within their respective jurisdictions; and WHEREAS, On February 22, 2016, the Washington State Department of Ecology approved the County’s Shoreline Master Program; and WHEREAS, Subsequent to Department of Ecology’s approval of the Shoreline Master Program, the Yakama Nation petitioned the Growth Management Hearings Board for review of the Shoreline Master Program, challenging the adequacy of the Shoreline Master Program’s provisions dealing with cultural, historical, and archeological resources; and WHEREAS, Kittitas County, the Department of Ecology, and the Yakama Nation engaged in a series of settlement negotiations and developed proposed Shoreline Master Program amendments that address the respective concerns of all parties and that meet or exceed the requirements of the Shoreline Management Act and other applicable regulations; and WHEREAS, The proposed amendments were included in a settlement agreement that was executed by Kittitas County, the Department of Ecology, and the Yakama Nation on May 3, 2018; and WHEREAS, The settlement agreement required Kittitas County to take all actions necessary to adopt the proposed Shoreline Master Program Amendments using the optional joint review process outlined in WAC 173-26-104; and WHEREAS, A 30-day public comment period was provided in accordance with WAC 173-26-104(2)(c)(i); and Resolution 2018-_____ December 4, 2018 WHEREAS, On August 28, 2018, the Kittitas County Planning Commission conducted a joint public hearing in accordance with WAC 173-26-104(2)(c)(ii) and recommended approval of the Shoreline Master Program amendments; and WHEREAS, On October 1, 2018, Kittitas County staff submitted the proposed amendments, comments, and county response to the Department of Ecology in Accordance with WAC 173-26-104(3); and WHEREAS, On October 3, 2018, the Department of Ecology issued a written statement of initial concurrence for the proposed amendments in accordance with WAC 173-26-104(3)(a)(i); and WHEREAS, The Kittitas County Board of County Commissioners, after proper notification and publication, held a public hearing on November 20, 2018 to hear public testimony on the proposed Shoreline Master Program amendments; and WHEREAS, After deliberation, the Kittitas County Board of County Commissioners approved the proposed Shoreline Master Program amendments; and WHEREAS, The proposed amendments must be adopted by resolution or ordinance and sent to Department of Ecology for final approval in accordance with WAC 173-26-110. NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS that Kittitas County intends to adopt the proposed Shoreline Master Program amendments as shown in Attachment A of this resolution upon final approval from the Washington State Department of Ecology. NOW, THEREFORE, ALSO BE IT RESOLVED AND HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS, for the Kittitas County Community Development Services Director to submit the Shoreline Master Program amendments to the Washington State Department of Ecology for final approval. ADOPTED this _4th_____day of ___December____, 2018 Resolution 2018-_____ December 4, 2018 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON _______________________________ Laura Osiadacz, Chairman _______________________________ Obie O’Brien, Vice-Chairman _______________________________ Cory Wright, Commissioner ATTEST CLERK OF THE BOARD ☐ Clerk of the Board- Julie Kjorsvik ☐ Deputy Clerk of the Board- Mandy Buchholz APPROVED AS TO FORM: __________________________ Neil Caulkins, Deputy Prosecuting Attorney Resolution 2018-_____ December 4, 2018 Attachment A Page 1 of 6 Proposed Amendments to Cultural Resource Goals, Objectives, Policies, & Regulations For Kittitas County’s Shoreline Master Program 3.7 Historic/cultural element A. Goal 1. Identify, protect, preserve and restore sites that have historical,contain resources of cultural, archaeological, historic, educational, andor scientific value and/or significance. B. Objectives 1. Protect cultural, archaeological, and historic sitesresources in collaboration with appropriate tribal, state, federal, and local governments. 2. EncourageEngage in and encourage cooperation between public agencies and private parties in the identification, protection, and management of historical and cultural, archaeological, and historic resources. 3. Consult with the Washington State Department of Archaeology and Historic Preservation (“DAHP”) and affected Native American tribes when developing local policies and regulations for identifying, protecting, and preserving cultural, archaeological, and historic resources 3.4. Where appropriate, restore unique resources that have cultural, archaeological, historic, educational, historically, or culturally significant featuresscientific value or significance to further enhance the value of the shorelines. 4.5. ProvideWhere appropriate, provide access to sitescultural, archaeological, and historic resources in a manner that is culturally sensitive and does not degrade the cultural or historical resource or impact the quality of the environment. 6. Incorporate opportunities for education related to cultural, archaeological, historical, and cultural featureshistoric resources into public and pr ivate programs and development , where appropriate. 5.1 ArchaeologicalCultural, archaeological and historical resources The following provisionspolicies and regulations apply to cultural, archaeological, and historicalhistoric resources that are either (a) listed on the national, state, or local registers of historic places; (b) recorded atby the Washington State Department of Archaeology and Historic Page 2 of 6 Preservation and/or by local jurisdictions (DAHP), a Native American tribe, and/or have beena local jurisdiction; or (c) undiscovered, inadvertently uncovered. , or yet unrecorded. Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW Chapter 27.44 (Indian graves and records) and RCW Chapter 27.53 (Archaeological sites and records). Shoreline uses or development that may impact such sites shall comply with WAC Chapter 25-48 as well as the provisions of this chapterShoreline Master Program. Pursuant to RCW 27.53.070, information and documents pertaining to the location of archaeological sites or resources are confidential and not considered public records that require disclosure. A. Policies Care should be takenThe County shall take, or cause project applicants to avoid take, all required actions to: 1. Minimize the risk of disturbing cultural, archeological and historicalhistoric resources alongwithin Kittitas County shorelines. 2. Prevent the destruction of or damage to any site having cultural, archaeological, historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected Indian tribes and the Department of Archaeology and Historic PreservationDAHP. 3. Uses and development along shorelines in areas documented to contain archaeological resources should include consultation Consult with professional archaeologists, DAHP, and affected IndianNative American tribes to identify, before permitting or otherwise approving the use or development of shoreline areas containing potentially valuable datacultural, archaeological, or historic resources. This consultation shall be accomplished through the regulations and procedures provided herein. 3.4. Consult with professional archaeologists, DAHP, and affected Native American tribes to establish procedures for salvaging the data or cultural, archaeological, or historic resources, and/or for maintaining the areasuch resources in an undisturbed condition. 5. Make informed specific land use decisions based upon information provided by DAHP or Native American tribes. 6. Ensure the use of the best available information, technology, and techniques in identifying, protecting, preserving, and restoring cultural, arc haeological, and historic resources. 7. Consult with DAHP and affected Native American tribes as appropriate in implementing the cultural, archaeological, and historic resources goals, objectives, policies, and regulations of this SMP. Page 3 of 6 B. Regulations 1. Project Approval Requirements. Prior to issuing a permit, exemption, or other approval for a proposed project in a shoreline area, the County shall determine whether or not a cultural resources review or archaeological survey shall be required under this Section 5.1(B)(1). a. Exceptions. No cultural resources review or survey shall be required under this Section 5.1(B)(1) where the project applicant can demonstrate one or more of the following conditions is met: i. The project or use does not include any ground disturbance. Projects that require the insertion of structural elements, but which do not require any excavation and create no spoil piles, shall be considered non-ground-disturbing for purposes of this Section (e.g. driving T-posts, planting tree seedlings with a hoedad). ii. The project is limited to the installation of infrastructure entirely within the same area as an existing project or development. iii. The project ’s entire three-dimensional area of proposed ground-disturbance is located within previous fill or previously disturbed earth. iv. A professional archaeologist has surveyed the entire project area within the last ten (10) years, and the survey report(s) show that no cultural, archaeological, or historic resources were found. b. Cultural Resources Review. The County shall provide electronic notice and a fifteen (15) day comment opportunity to DAHP and affected Native American tribes for all proposed projects in shoreline areas which are not excluded under Section 5.1(B)(1)(a) above. i. When applicable, the above notification requirement will be included in the Preliminary Site Analysis process. ii. Where the proposed project is already subject to a comment period through shoreline permitting and/or SEPA review, this comment period shall be run concurrently. iii. For shoreline projects that fall under a shoreline exemption permit and have no notification requirement, if not already completed through t he Preliminary Site Analysis process, the above notification and cultural resources review requirements will occur prior to the issuance of an exemption permit. c. Archaeological Survey Requirement. A final archeological survey report for the entire project area shall be required prior to the County’s issuance of a permit, Page 4 of 6 exemption, or other approval where the proposed project is not excepted under Section 5.1(B)(1)(a) above, and one or more of the following conditions exist: i. The project area is located within one quarter (1/4) mile from either a protected Native American pre-contact site recorded with DAHP, or a protected historic site that is listed or eligible, or potentially eligible and unevaluated , in the DAHP inventory. ii. DAHP or an affected Native American t ribe timely comments through the above cultural resources review process (or concurrent permitting or environmental review process, if applicable), and requests an archaeological survey be completed due to the presence of one or more of the following risk- factors:  Documented historic feature(s) on the property or located within one quarter (1/4) mile from the project area;  Previous positive archaeological survey results from a survey on the property or within one quarter (1/4) mile from the project area; or  A tribally-recorded site located within one quarter (1/4) mile of the project area. iii. DAHP and an affected Native American tribe timely comment through the above cultural resources review process (or concurrent permitting or environmental review process, if applicable), and both DAHP and the affected Native American tribe request that an archaeological survey be completed due to a professional archaeologist’s determination that the project area is in an area that is at high-risk for the presence of archaeological resources (e.g. in an area with high-risk soil deposit types such as historic high-energy soil deposits, or soils with multiple depositional contexts). iv. The County determines that an archaeological survey is otherwise warranted. d. Archaeological Survey & Reporting Standards. Archaeological surveys shall be completed by a professional archaeologist . Archaeological survey reports shall conform to DAHP’s then-current reporting standards.1 Both DAHP and affected Native American tribes shall receive copies of completed archaeological survey reports, and have a reasonable opportunity (in no case less than fifteen days) to comment on t heir sufficiency before such reports shall be considered final. Final archaeological survey reports shall be filed with DAHP prior to the County’s issuance of a permit, exemption, or other approval where the proposed project is not exempt under Section 5.1(B)(1)(a). 1 See Washington State Department of Archaeology and Historic Preservation, Washington State Standards for Cultural Resource Reporting (February 2, 2017), available at http://www.dahp.wa.gov/sites/default/files/CR%20Update%20February%202017.pdf (last visited May 23, 2017). Page 5 of 6 e. Monitoring Alternative. Despite the requirements of Section 5.1(B)(1)(c), above, an archaeological survey shall not be required where the project proponent, the County, DAHP, and any affected Native American tribes, all approve a written plan for on- site project monitoring by a professional archaeologist throughout all project phases that include ground-disturbing work. This monitoring plan shall be drafted by a professional archaeologist at the applicant’s expense. f. Project Modification Alternative. Despite the requirements of Section 5.1(B)(1)(c), above, an archaeological survey shall not be required where the project is modified so that it no longer triggers the risk factor(s) under 5.1(B)(1)(c) that would have resulted in the need for an archeological survey under these regulations. 1.2. Inadvertent Discoveries. Developers and property owners shall immediately stop work and notify the local government, the Washington State Department of Archaeology and Historic PreservationDAHP, and affected IndianNative American tribes if archaeological resources are uncovered during excavationdiscovered. Construction may recommence pursuant to RCW 27.44.040, RCW 27.53.040 and WAC 25-48-030. A notification stating this requirement shall be included on County shoreline permitpermits, exemptions, and other project approval documents. 2. Prior to issuance of a permit in areas documented to containResource Management. If significant cultural or, archaeological, or historic resources, a cultural resources site inspection or evaluation by are identified in the project area, the project proponent shall engage a professional archaeologist shall be required in coordination with affected Indian tribes. 3. If a cultural resource site inspection or evaluation identifies the presence of significant historic or archaeological resources, a cultural resource management plan shall be prepared by a professional archaeologist or (or a historic preservation management professional., where appropriate) to prepare a resource management plan. The resource management plan shall, at a minimum, conform to DAHP’s then-current management standards. In addition, a permit or other requirementsrequirement administered by the Washington State Department of Archaeology and Historic PreservationDAHP pursuant to RCW 27.44 and RCW 27.53 may apply. Definitions to Add: "Archaeological object" means an object that comprises the physical evidence of an indigenous and subsequent culture, including material remains of past human life, including monuments, symbols, tools, facilities, and technological by-products. "Archaeological site" means a geographic locality that contains archaeological objects. “Archaeological survey” means a formal archaeological study completed by a professional archaeologist that conforms to, and is reported consistent with, DAHP’s then-current Page 6 of 6 archaeological survey and reporting standards; and which at a minimum includes background research and a field investigation that includes appropriate sub-surface methodology. "Cultural resources" means archaeological and historic sites and artifacts, as well as those traditional food, medicine, fibers, and objects that sustain the religious, ceremonial, and social activities of affected Native American tribes. "Historic resources" or “Historic site” means those properties which are listed in or eligible for listing in the Washington State register of historic places (RCW 27.34.220) or the national register of historic places as defined in the national historic preservation act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended. “Professional archaeologist” means an archaeologist who meets the requirements set forth in RCW 27.53.030(11), and has at least a master’s degree in Anthropology or a related field and two years professional experience in archaeological fieldwork . “Project area” means any and all areas that may be affected by a project’s construction and operation. Both tempo rary and permanent effects must be considered.