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
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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 .
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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.
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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.
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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.
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