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HomeMy WebLinkAboutRes-2018-195 Shoreline AmendmentsBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2018-I Cl 0 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-/ q 5 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 _4..;..;t:;;..;.h __ day of --=•:a...ea;;..;c:;..::e;.:..:m..:.::b;;....;:e;.;..r __ , 2018 Resolution 2018-B_ December 4, 2018 BOARD OF COUNTY COMMISSIONERS \I\ 1111 II 1111111, I ❖'' \~~ cOMM1s'',,,,,, Cory Wright, Commissioner ~ ,;)~ •• ·•·•·•·•·••••• li',..o ,..,..~ ,""o .·· ··. ;.i,~ ~ (j ,· ·. ,\, ~ :: : · .. ·p ~ :: .. ------. •• (fl : ATTEST ~ ,_ [ ,, A~ } § CLERK OF THE ~~-~.,~:1/~~E --;J ,· d'J"" le.._ ~ "?,j', ·, u ' .. ~·~'"} ~Clerk of the Boa J'.',~~,%).')'t;f , · • Deputy Clerk of th e Board-Mandy Buchholz APPROVED AS TO FORM: Neil Caulkins, Deputy Prosecuting Attorney Resolution 2018-/q!i' December 4, 2018 Attachment A 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 ha-ve--his riea-l;contain reso urce s of cultural, archae Logical. historic, educational, tmdor scientific value aoo,lor significance. B. Objectives 1. Protect cultural. arcbn · o.Jog ical. and historic sitesresources in collaboration with appropriate tribal, state, federal, and local governments. 2. ffiW&l¼fageEngage in ,and encourage cooperation between public agencies and private parties in the identification, protection, and management of historical and cultural,_ archaeo logica l. and hi storic resources. 3. ~_4_. _Where appropriate, restore unique resources tha have c u ltma archaeo lo ica l historic . educational, historioally, or eulturnlly sjgnifioant foatlli'CB_sc_1_e_nt_ifi~1~~~~-~~~ to further enhance the value of the shorelines. 4~~:P-f&V:iEleWh er e appmprial , provide access to Sirescultmal, arch aeo logical, and historic resources in a manner that is cu ltW'a ll y s e nsit ive and does not degrade the eu ltura l ef b:is1ev ·eru. resource or impact the quality of the environment. ..... 6 ..... __ l ncorporate opportunities for education related to culturru,_archaeological, historical, and Ol.ikl:lfal featl:lfeshistoric resources into public and private programs and development~ where appropriate. 5.1 ~ea&C u l tu rnL a r c h ae ologi c al and historical resources The following ~~policies and regulat ions apply to cultural, archaeological, and hfotorieeJhistoric resources that are either (a) Ii ted on the nati naJ, lat , or loca I rebisters of historic p laces: Cb) 1·ecorded tMQy the Washington State Department of Archaeology and Historic Page 1 of6 Preservation &l'lalef.by-teea!-:j~fistiteaell!r(DAHP), a Nalive Americat1 tribe. and/or -hiwe--eeeAa k)cal jur.rsdict ion; or ( c) und iscovered, inadvertently uncovered,....., or yet unreconied. . - 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 ehat}tef horeline Mast r Program . Pw·suant to RCW 27 .53.070, information and documents pertaining to lhe locatio n of ar chaeologica l s ites or resources are confidential and not considered public records that require disclosure. A Policies Gat:e-sl-teul;ti-~oke1ffhe aunty sha ll take. or cause project applicants to fW8ie-take, aU...required actions to: 1. Minimize the risk of disturbing cultural, archeological and historiealhistoric resources aleflgwithin Kittitas County shorelines. 2 . Prevent the destruction of or damage to any site having cu ltu ral, ar chaeo logicaJ, historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected Indian tribes and di~ f.Al.'eha gj4H.c-l-Ilistoo PreservutionDAHP . 3.. Uses AA~IOflg shoreiines-iA-aH~~~-t-e-0;>t1tain arehoooleg-iee+ feSei.1rces should-ttwluee-eensl:¼!mti&A-onsuJt with pr fes i nal archaeologist , DAI-IP. and affected lftdiaHNative American tribes-t-e-iaeat:ify. before permitting or otherwise approving l11 use r development · :f shoreline areas containing potentially valuable dMacu lt ura archaeolo · or histodc Jesources. This consultation shall be accomplished l.brough th regu lations and procedures provjdcd herein. : .j . Consult wrlh profes ·ional archaeologists. DA.HP , and affected Native American tribes to establish procedures for salvaging the dale er cultural. arch ae logjcal L' hi toric resources. -nnd/or for maintaining the tireasuch.sesources in an undisturbed condition. 5. Make informed specific Land use de cisions based upon information pro ided by DA.HP or Native American tribes. identif in resources. 7. Consult with DAHP and affected Native American tribes as appJJmriat i:n imp lementing the cultural m-chaeolo i aJ. and h i toric re ources oals. ob·ectiv oJicie and regulations of this SMP . Page 2 of6 B. R e gulations 1. culturn l resow-ces review or archaeo logical s urvey shall be required under th i ec(ion 5 . l(B)(l). a . review or urve shall be re uired under thi ' ro ·t:ct a ,1ica11t can demonstrate one or more of the same area as an existiJ1g project or development. u 1. Th 1v. A pro(essi nal archaeologist bas urv yed the ent.ir project a1 'ea within the la t t n (10) ye-ars. and the urvey reporl(s) show t hat no ,cultural, archaeological or historic resources were found . b. ultural Resources Revt w. The County shall provide e lectronic notice and a fi1lecn C. (] 5) day comment opportunity t DAHP and affected Native American tribes for all proposed pro ·jects in sho re line areas which are not excluded under Section 5.l(B)(l)(a) above. t 11 . iii. Page 3 of6 cl. i. The project area is located with in one qua:rter (1 /4) mile from ei ther a protect d Native merican pre-contact ite Fee rded with DAHP, or a pr tected historjc s ite that is listed or eli gib le, or potentially eligible and uneva lu ated, in the DAHP inventory. 11. DAHP o r an aITec ted Nati ve American tribe timel ommen l lhrou h lhe above cultural resou rces re icw process (or concul1'ent pemiittin g or environmen ta l revi w process. if app licable), and req uests an archaeo l gical survev be completed due to th presence of one or mar of the following risk- fa • tors : • Documented historic teature(s) o~the prope11y or located wjthin one guarter,{l /4) mi le from the pr j c l area : • Previous positive arc haeolog ical survey results fr m a urvey on the ro) rl or within on uarler 1/4 mile fr om lhe · ro ·ect area: or • A u·ibally-recorded site localed with in one quart r (l /4) mil of th pro j ct area. sits. or 1v. The unl y det er mines that an archaeo logica l snrvey .i otherwise warranted . 1 See Was hi11g1.011 tal e Department .of Archaeo logy and Hi t0ric Preservat ion, Wash irutlOll ta .te tan dards f r C ul mra l Resource R eporti ng {Febru ary 2, 2017}. ava il able at hUp ://www.dah p.wa .gov/. itt.-s.'defuuft/fllcr s/CR%20Upd.ntc%20February%2020 l 7.pdf (last vis ,ted May 23. 2017). Page 4 of6 e. f. -1.2. inadvertent Disco11erie ·. Developers and property owners shall immediately stop work and notify the local government, t-h&-Washtngton State Department of A,=ehaeelegy and H-istefie-ll-feseFvat-ioRf)AHP, and affected ffl61.&H'Native Amrican tribes if archaeological resources are u-nee-¥eF~ Rdiscov red . 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 pelfflitpermits, exemptions. and other project approval documents. ---:.r..-i;""8"'"F-wto"""1~·s~ma-nee-e-f.a-peamLm Areas documented to eentfttfl-R esm11·c, Mmwgem ent . If significant c ul tural-er. arc haeo log ic al, or historic res ources ,a-,oo~fal:a~-reaelifees--s-rt-e :iaspemie~eit-:by ar identified in th proj t area . the proje l p r ponent shall engage a professional archaeologist ~e-fE!E)tiired in coordmati~~a--Indttm tribe&.- 3. 1f a (Rt-llttra:l-i-eseU:Fee site inspeetion 0:1' e,•olWtt.-i.ea-Mentifies the-presea ~.igftifieaai, histerie or arehaee-l&gi Al resources, a oolm:Fa+-t:eseuree management plan shal p~ai:ea--ay-a--pf&f'eSSiooalarc.ha legis-t.-tw(or a historic preservation management professional-:-, where appropriate) to prepare a resource management pJan. The resource ma na rn ent Ian ~hall, at a min imum. co nfo rm lo DAI-I P s then-curr nl rnanagem nt standards. In addition, a permit or other reEft¼i-rememeregu irement administered by the Washiflgton Sffil:e-9epartment ofArchoeology and Hjstorie Preser•11:1tionDAHP pursuant to RCW 27.44 and RCW 27.53 may apply. Definitions to Add: ''Archacologie-al obje t 11 means an obicct that comprises the physjcaJ evidence of aiiindigenous and u.bseguent cu lt ure, includi ng material remain of pa t human lifo. includ in g m nurnenl , ymbol . t ol , facilities, lliJd teclm logical by -products .. "Archaeological site'' means a geographic locali ty that contain archaeological objects. Page 5 of6 rm:nd "Cultural resources" means archaeoJoeicaJ and hi storic sites and anifacts. as well as tho.se lradlli naJ food. me.dicine • .fibe rs, and ob jects that sustain tll rel ig io u s. ceremonial, a11d social activities of affected Native American tribes. "Historic resources" or "Historic site" means tho e Pl petties w hi ch ar Jisted in or e ligible fur listing in the Wa hington State register ofhistorLc p laces (R W 27.34.220) or the national regi ler ofhi toric place a. defined in the naLional historic prese 1 ation acl of l966 (Tille L Sec. 101. P ublie Law 89M665: 80 Stat. 9] 5: 16 U.S.C . Sec. 470) as now or hereailer amended. 'Professional archaeo lo isl ' means an archa eo lo ist who meets the re uirements set fort b in R W 27.53.030(11), and ha s at least a master s degree in Anthropo logy or a re lated field ahcl t wo ears rofcssio nal ex )erience in archaeolo rical fieldwork. 'Project area' means any a nd al l ar e as Lhal may be affected by a proje ts constru ctio n and operation. Both temporary and pennm1ent effects must be considered. Page 6 of6