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Home My WebLink AboutR-1432 - Denying a SEPA Appeal relating to the proposed plat of Meadowcreek-. -;- CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./4 3 ~ A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A SEPA APPEAL RELATING TO THE PROPOSED PLAT OF MEADOWCREEK. WHEREAS,on March 9,1990 Michael Corcoran,as the Respon- sible Official for the City,withdrew a Mitigated Determination of Non-Significance ("MDNS")dated January 16,1990 with respect to the proposed Plat of Meadowcreek,and issued a Determination of Significance ("DS")instead;and WHEREAS,pursuant to section 18.20.070(3)of the Marysville Municipal Code,the owners of Meadowcreek,RJL Associates,Inc. and Richard H.Mietzner,appealed said SEPA determination to the City Council;and WHEREAS,a pUblic hearing on said appeal was held by the City Council on June 25,1990;and WHEREAS,the city Council entered the following Findings of Fact: 1.WAC 197-11-340(3)(a)requires the Responsible Official to withdraw an MONS if: There is significant new information indicating,or on, a proposal's probable significant adverse environmental impacts. 2.Following the issuance of the MONS for the Meadowcreek project on January 16,1990,the city became aware of the following significant new information: a.On February 13,1990,the Department of Ecology ("DOE") issued a Notice of Violation to the city relating to violations of federal and state regulations and standards applying to the City's waste water treatment facility.Said Notice stated that unless satisfactory steps were taken toward compliance within 30 days,DOE might impose an absolute ban on new sewer connections or might invoke punitive measures. b.Although the City previously knew that its sewer lagoon was functioning over capacity,it believed that it was progressing with adequate speed toward a solution and that DOE would approve its engineering plans for a Resolution - 1 lagoon upgrade without the necessity of ~enforcement action.This situation suddenly changed upon the issuance of the Notice of Violation. c.DOE notified the City that its engineering report for the sewer lagoon upgrade would have to include a water quality study for the receiving body of water.The city's draft report at that time presumed that the effluent would be discharged into Ebey Slough.This was no longer deemed acceptable by DOE.This meant that the City had to find a new discharge point (presumably Steamboat Slough)and conduct a lengthy study of its water quality.The anticipated date for finalizing the engineering report was delayed from Spring of 1990 to November of 1990.Moreover,the permitting process for construction of the lagoon upgrades was significantly delayed by the necessity of an EIS and shoreline permits. d.The city became aware of the fact that the dilution ratio in Ebey Slough was approximately 8/1 instead of 100/1 as required by federal and state regulations. e.On February 26,1990,the city held a pUblic hearing regarding proposed actions that it could take in response to the sewer lagoon crisis.Many witnesses testified,including the owners/developers of the proposed Plat of Meadowcreek.A significant amount of testimony suggested that the City's sewer system was causing a health and environmental hazard in Ebey Slough. f.On February 26,1990,the city passed Ordinance 1763 imposing a temporary moratorium on new sewer connec- tions and adopting a new SEPA policy of the city requiring the issuance of a Determination of Sig- nificance for any new or pending development projects that had not yet reached public hearing stage. g.On March 14,1990,the Department of Ecology held a pUblic hearing regarding the City's sewer lagoon crisis.Again,significant testimony was presented suggesting that the overloaded status of the lagoon was jeopardizing pUblic health and the environment. h.On March 15,1990,the City submitted a written report to DOE stating its intended plan of action.This plan included strict implementation of the moratorium and SEPA provisions of Ordinance 1763. i.On May 29,1990,the city and DOE entered into a Consent Order establishing certain mandatory criteria Resolution - 2 for the operation of the City's sewer system.A viola- tion of said criteria will result in an automatic moratorium being imposed by DOE and will further result in punitive measures being taken against the City. 3.The new information referred to above directly relates to environmental concerns under the jurisdiction of SEPA. continued violations of effluent flow limitations,BOD and TSS limitations,and dilution ratio regulations,adversely impact the ecosystem of the receiving body of water and jeopardize the health of fish and shellfish.Moreover,they are indicators that the waste water treatment facility is not operating efficiently and may soon be violating bacteria standards that will have a direct impact on human health.Standards imposed on the City by DOE are technology based and are drawn from experience and studies on a national scale.No evidence was presented that these standards are arbitrary or that they should be disregarded by the city. 4.In making SEPA determinations,the City must consider the cumulative impact of all similarly situated proposals.There are approximately 1,000 residential lots/dwelling units that are either awaiting subdivision/zoning approval or have such approval but have not yet started constructing sewer extensions.There are approximately 400 residential lots/dwelling units that have preliminary plat approval and which have sewer extensions presently under construction.There are approximately 200 residential lots/dwelling units that have final plat approval and are immediately ready for building permits and sewer connections. The cumulative effect of sewage effluent generated by said development will have a probable significant adverse environ- mental impact unless a sewer moratorium is imposed pending an upgrade of the City's waste water treatment facility. 5.In making a SEPA determination for a preliminary plat, the city must consider probable impacts resulting from completion of the project,including occupancy of all houses that will be built and occupied within the plat.Environmental analysis of a project cannot be divided into isolated fragments.The fact that occupancy of the plat of Meadowcreek may be over a year away does not excuse full SEPA review at this time of the probable impacts of that occupancy. 6.In making a determination to withdraw the MONS and issue the OS for the Plat of Meadowcreek,the Responsible Official properly complied with WAC 197-11-330(3)by considering cumulative impacts,conflicts with state and federal laws or reguirements for the protection of the environment,and the potential for establishing precedent for future actions that might involve unknown risks to the environment or might affect public health. Resolution - 3 ..•'.woO f ;•• 7.The Responsible Official did not merely apply Ordinance 1763 to the Meadowcreek project as a "new SEPA policy,"but found that Ordinance 1763 was a summary of new information relating to probable significant adverse environmental impacts that must be studied before the Meadowcreek project may proceed to its first pUblic hearing. WHEREAS,based upon the foregoing Findings of Fact,the city council concludes that the decision of the Responsible Official to withdraw the MONS for the Meadowcreek project and to issue a DS was properly based upon significant new information indi- cating,or on,said project's probable significant adverse environmental impacts; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The SEPA appeal of R/L Associates and Richard H.Mietzner challenging the March 9,1990 withdrawal by the Responsible Official of an MONS and the issuance of a DS for the proposed Plat of Meadowcreek is hereby DENIED.The DS is hereby UPHELD. BY THE CITY -::}7:;.I v; PASSED COUNCIL AND APPROVED BY THE MAYOR THIS...iiL!DAY OF -----=::..::::'-4-:....------,1990 • CITY OF MARYSVILLE By-12=k~SYor Approved as to form: ~~4Yt;d/ Resolution - 4