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SEP19-0017 Carpinito Farms Warehouse

NOTICE OF APPLICATION (NOA) and
MITIGATED DETERMINATION OF NON-SIGNIFICANCE (MDNS)
Carpinito Farms Warehouse
SEP19-0017

The City of Auburn is issuing a Notice of Application (NOA) and Mitigated Determination of Non-Significance (MDNS) for the following described project. The permit applications and listed studies may be reviewed at the Auburn Department of Community Development at 1 E Main St., 2nd Floor, Customer Service Center, Auburn, WA 98001 and on the City’s website at www.auburnwa.gov/landuse.

Proposal: Construction of an approximately 108,000 sq.-ft. warehouse on an approximately 6.1-acre site. Also included in the proposal are associated site improvements (e.g. landscaping, stormwater controls, etc.) and frontage improvements to S. 287th St. and West Valley Hwy. A Conditional Letter of Map Revision (CLOMR) from FEMA to remove an eastern portion of the site from the floodway will be required. The northwest corner of the site contains the Logandale Water Association well and appurtenances; the project currently proposes site improvements within the well’s 100-ft. radius Sanitary Control Area (SCA) and a study has been conducted by the Applicant to evaluate potential impacts to the well and water supply. A peer review of the study by a City consultant was also completed.

Location: The project site is located on the NW corner of S. 287th St. and West Valley Hwy., within the SE ¼ of the SE ¼ of S35 T22N R04E, W.M., see Vicinity Map below. King Co. Parcel Nos. 352204-9028, -9039, 9046, -9047, -9067, & -9082.

Notice of Application:
December 17, 2019
Application Complete:
July 31, 2019
Permit Application:
May 7, 2019

Applicant:
Mike Carpinito
Carpinito Farms, LLC
1148 Central Ave. N.
Kent, WA 98032

Owners:
Carpinito Farms, LLC
1148 Central Ave. N.
Kent, WA 98032

Roseanna Donley
6638 S. 287th St.
Auburn, WA 98001

Norman Locken
6610 S. 287th St.
Auburn, WA 98001

Applicant’s Representative:
Jason Hubbell
Barghausen Consulting Engineering
18215 72nd Ave. S
Kent, WA 98032

Studies/Plans Submitted and/or Documents Evaluated:
SEPA Checklist (4/30/19, 7/17/19, 11/20/19)
Preliminary Civil Plans, Barghausen (1/8/19, 7/17/19)
Traffic Impact Analysis, TENW (4/30/19, 6/28/19, 9/20/19)
Preliminary Geotech Report, Terra Associates (2/20/19)
Preliminary SSP, Barghausen (4/29/19)
Critical Aquifer Recharge Areas Report, Assoc. Earth Sciences (7/12/19)
Peer Review of CARA Memo, Robinson-Noble (City Consultant Review) (10/22/19)
WSDOH Correspondence Received by the City on February 8, 2019 titled “Washington State Department of Health/Office of Drinking Water COMMENTS – CITY OF AUBURN PROLOGIS HUNT PROJECT (#SEP19-0002)”

Other Permits, Plans, and Approvals Needed:
Public Facility Extension (FAC) / Grading Permit(s) / Building Permit(s)
Conditional Letter of Map Revision (CLOMR)

Statement of Consistency and List of Applicable Development Regulations:  This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works Design and Construction Standards.

Lead Agency: City of Auburn

The Responsible Official for the City of Auburn, the lead agency for this proposal, hereby makes the following Findings of Fact based upon impacts identified in the SEPA Environmental Checklist and  Conclusions of Law based upon the Auburn Comprehensive Plan, and other Municipal policies, plans, rules, and regulations designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act rules pursuant to RCW 43.21C.060.

Findings of Fact:

1. The projects proposed under City File Nos. SEP19-0017 (“Carpinito Farms Warehouse”) and SEP19-0002 (“Prologis Hunt Site Warehouse”) are adjacent developments located in the only remaining undeveloped area within the SE ¼ of the SE ¼ of S35 T22N R04E, W.M. This notice applies specifically to the Carpinito project and these two projects are separate, however for all intents and purposes, the potential impacts are similar. The Prologis Hunt Site Warehouse will be noticed separately at a later date.

An existing Group A public well, owned and operated by the Logandale Water Association (LWA), is located in the northwest corner of the Carpinito Farms Warehouse site. Under the current development proposals for the two (Carpinito and Prologis Hunt) projects, and in combination with the previous Prologis Hudson DCT project (SEP16-0008), a majority of the well’s sanitary control area (SCA) would be covered with impervious surfaces.

The WA State Dept. of Health (WSDOH) indicates that the LWA “…well, storage tank, and booster pumps are nearing the end of their useful life…” and that the “…future of the Logandale water system in its current form is highly uncertain.” (letter from WSDOH received by the City on February 8, 2019 titled “Washington State Department of Health/Office of Drinking Water COMMENTS – CITY OF AUBURN PROLOGIS HUNT PROJECT (#SEP19-0002”)). If the well and appurtenances were required to be replaced, then per RCW 90.44.100(3) the well would be required to be built within the same vicinity  identified when the original water right was obtained (RCW 90.44.100(4) “…the "location of the original well or wells" is the area described as the point of withdrawal in the original public notice published for the application for the water right for the well.”), which is the 40 acres described as the SE ¼ of the SE ¼ of S35 T22N R04E, W.M. If development of the Carpinito Farms Warehouse and Prologis Hunt Site Warehouse proceed as currently proposed, and in combination with the previous Prologis Hudson DCT to the west and the North Auburn Logistics project (SEP09-0033) to the south, would propose impervious surface and features that occupy nearly all of the remaining area within the well’s original location and foreclose having adequate area to drill a new well, were it necessary. It should also be noted that if the wellhead were to be relocated or reconstructed at its existing location, there would be additional WSDOH requirements such as providing a surface seal, which would include a permanent casing to a depth of minimum of 18 ft. (WAC 173-160-231(6)).

Conclusions of Law:
Staff has concluded that an MDNS is to be issued. This is the based upon the SEPA Environmental Checklist and the associated studies / plans that were submitted with the application. The MDNS also takes note of the extent to which many local, State, and federal regulations and permit requirements will govern the project to mitigate its potential impacts, in accordance with WAC 197-11-158 and RCW 43.21C.240. Following are the City-adopted policies which support the MDNS:

1. Section 3.3.5 of the City’s Comprehensive Water Plan titled “Water Service by Others” states: “In order to provide the same level of service to all City citizens, the City shall require that water service provided by others within Auburn’s City limits be provided to the same level of service and to the same policy and criteria as defined in the City’s Water Comprehensive Plan. The City shall work with the designated water provider to assure that water-system facilities are designed and installed according to the policies and criteria.”

2. Section 3.3.4 of the City’s Comprehensive Water Plan titled “Conditions of Service” states: “For areas outside the current City limits, but within the RWSA [Retail Water Service Area], the City shall condition service on agreement that development is in compliance with City water system standards. This conditioning of service ensures that the water systems do not require significant upgrade upon annexation, and that development is consistent with the City’s Water Comprehensive Plan. New customers within the City’s Potential Annexation Areas are asked to sign an Annexation Agreement before a Water Availability Certificate is issued.  Prior to receiving water service, provision of water service both inside and outside the current City limits shall be conditioned on the developer/development providing infrastructure improvements identified by the City, in accordance with City’s Policy and Criteria and Comprehensive Plan. In addition, the City requires that all residents of the City within the retail water service area will receive water services from the City, to the extent practical. The City will work with existing water purveyors within the City limits and within the City’s Potential Annexation Areas in order to provide fair and equitable water service.”

Conditions:
The Responsible Official has determined that the proposal does not have a probable significant impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c), only if the following condition is met. This decision was made after review of a completed environmental checklist, other information on file with the City of Auburn, and existing regulations. This information is available to the public on request. This mitigation measure is required as authorized under the Substantive Authority of SEPA in accordance with the guidelines created in Chapter 16.06 ACC and shall be implemented by the Applicant.

1. The proposed project shall be required to revise the civil and site plans to move all proposed improvements / ground-disturbing activities outside of the LWA 100-ft. SCA and provide a recorded restrictive covenant to LWA for the SCA per WAC 246-290-135(g). This would give LWA the option to drill a new well in the event the current well were to fail and still remain within the water right’s original area (within the LWA 100-foot SCA). Additionally, prior to City approval of the civil plans, the Applicant shall provide an executable access easement, reviewed for sufficiency by the City, for LWA to access, maintain, and if necessary, reconstruct the wellhead.

Alternatively, the Applicant could be allowed to proceed with the current civil and site plans with disturbance and improvements within the LWA 100-ft. SCA, by providing the City with a written agreement executed between the Applicant, the LWA (including all LWA customers (per WAC 246-290-135(f)(iii)), and the developers/owners of the property to the north (currently proposed under City File No. SEP19-0002) that an alternative option for water provision to LWA customers is executed. This agreement shall generally provide for (but not limited to) decommissioning the LWA system in accordance with State requirements and connecting the remaining LWA customers to the City’s water system.

Public Comment Period: This MDNS is issued under WAC 197-11-350; the lead agency will not act on this proposal for 15 days from the date issued below. Comments must be in writing and submitted to the mailing address of 25 W. Main St., Auburn, WA 98001 or to planning@auburnwa.gov, by 5:00 January 2, 2020.

Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk at 25 West Main Street, Auburn, WA 98001 within 14 days of the close of the comment period, or by 5:00 p.m. on January 16, 2020.

For questions regarding this project, please contact Thaniel Gouk, Senior Planner, at planning@auburnwa.gov or 253-804-5031.

Public Hearing: N/A

Vicinity Map:
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