WSR 02-19-106

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed September 18, 2002, 10:17 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend Section 8.12 of Regulation I.

Purpose: To update the Kitsap County no-burn zone around the city of Poulsbo, Washington.

Other Identifying Information: Section 8.12 pertains to the description of the Kitsap County no-burn area.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal revises the legal description of the area in which outdoor burning is prohibited, based on Kitsap County's recent adoption of a new urban growth area (UGA) boundary around the city of Poulsbo.

Reasons Supporting Proposal: Since Kitsap County has adopted a new UGA boundary, our legal description and map needs to be updated to reflect these changes.

Name of Agency Personnel Responsible for Drafting: Amy Fowler, 110 Union Street, Suite #500, Seattle, WA 98101, (206) 689-4017; Implementation: Dave Kircher, 110 Union Street, Suite #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, Suite #500, Seattle, WA 98101, (206) 689-4053.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal revises the legal description of the area in which outdoor burning is prohibited, based on Kitsap County's recent adoption of a new urban growth area (UGA) boundary around the city of Poulsbo, Washington.

Proposal Changes the Following Existing Rules: Our legal description and map will be amended to reflect the newly adopted UGA boundary.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on October 24, 2002, at 9:15 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by October 17, 2002, TDD (800) 833-6388 or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite #500, Seattle, WA 98101, fax (206) 343-7522, by October 14, 2002.

Date of Intended Adoption: October 24, 2002.

September 17, 2002

Amy L. Fowler

Air Resource Specialist

AMENDATORY SECTION


REGULATION I SECTION 8.12 DESCRIPTION OF THE KITSAP COUNTY NO-BURN AREA

(a) As provided by WAC 173-425-040(5), reasonable alternatives to burning exist in the areas described below and residential burning and land-clearing burning are prohibited in these areas.

(1) The Kingston Urban Growth Area as shown in Figure 8-1;

(2) The City of Bainbridge Island;

(3) The Silverdale, Bremerton, Port Orchard area as follows and as shown in Figure 8-2:

Beginning at the intersection of the line dividing T25N, R2E Sections 18 and 19, and the center line of Port Orchard Bay;

head directly west to Waaga Way;

continue west on Waaga Way to Nels Nelson Road NW;

head north following the Silverdale Urban Growth Area boundary to Island Lake;

head east following the Silverdale Urban Growth Area boundary to Central Valley Road;

follow Central Valley Road north to NE Anna Road and then west to Hillcrest Street NW;

continue north on Central Valley Road to the intersection of T25, R1E, Sections 2 and 3, and T26N, R1E, Sections 34 and 35;

head directly west to NW Mountain View Road;

follow NW Mountain View Road to the point where it intersects with the Bangor Naval Reservation boundary;

follow the Bangor Naval Reservation boundary heading south and west to the point where the Northern Pacific railroad track leaves the Bangor Naval Reservation property at its southern boundary;

head south along the Northern Pacific railroad track to NW Westgate Road;

follow NW Westgate Road west to Olympic View Road NW;

head south on Olympic View Road NW to Anderson Hill Road;

head west on Anderson Hill Road to Willamette Meridian Road NW;

head south along the line dividing Township 25 North, Range 1 West and Township 25 North, Range 1 East to the Wesley Harris Naval Reservation;

head east and south along the perimeter of the Wesley Harris Naval Reservation to a line bisecting T25N, R1E, Section 31;

follow the line bisecting T25N, R1E, Section 31 east to the Northern Pacific railroad track;

head south along the Northern Pacific Railroad track to a point where the track crosses the City of Bremerton Urban Growth Area boundary at T24N, R1E between Sections 19 and 30;

head west along the southwestern portion of the Bremerton city limits for approximately 14 miles to a point 0.2 mile east of the intersection of T23N, R1W, Sections 2, 3, 10, and 11;

head south to State Highway 3;

head southwest on State Highway 3 to the Mason County line;

head east to the line separating T23N, R1W, Sections 22 and 23;

head north to the intersection of T23N, R1W, Sections 14, 15, 22, and 23;

head east 1.33 miles;

head north to State Highway 3;

head west 0.42 mile;

head north to the Bremerton city limits;

head northeast along the Bremerton city limits for approximately 3.6 miles to the intersection of T24N, R1E, Sections 31 & 32 and T23N, R1E, Sections 5 & 6;

head east another 0.33 mile;

head south to the intersection of Feigley Road SW and SW Old Clifton Road;

head east along SW Old Clifton Road to the boundary of the McCormick Woods Urban Growth Area;

include the entire Urban Growth Area of McCormick Woods;

at the point where the northeastern boundary of McCormick Woods Urban Growth Area intersects SW Old Clifton Road, follow SW Old Clifton Road northeast to the Port Orchard city boundary;

start by heading east and follow the Port Orchard city boundary to the point where it intersects with State Highway 16 south of Sedgwick Road;

head southeast along State Highway 16 to Bethel Road SE;

head north along Bethel Road SE to the Port Orchard Urban Growth Area boundary;

start by heading east and follow the Port Orchard Urban Growth Area boundary to the intersection of Sedgwick Road and Phillips Road;

continue east along SE Sedgwick Road to Longlake Road SE;

head north along Longlake Road SE to the line between T24N and T23N;

head west to the intersection of T24N, R2E Sections 31 & 32 and T23N, R2E Sections 5 & 6;

head north to SE Mile Hill Drive;

head east along SE Mile Hill Drive to Bullman Road SE;

head north 0.5 mile along and past Bullman Rd SE;

head west to SE Horstman Road and continue to Baby Doll Road SE;

head north along Baby Doll Road SE to E Collins Road;

head west on E Collins Road and then continue west to E Lindstrom Hill Road and then to Sinclair Inlet shoreline;

head directly north to the center line of Port Orchard Bay;

follow the center line of Port Orchard Bay in a northerly direction to where it intersects the line dividing T25N, R2E Sections 18 and 19; and

(4) The Poulsbo area as follows and as shown in Figure 8-3:

(A) The Poulsbo Urban Growth Area (UGA);

(B) The following areas adjacent to the Poulsbo UGA:

(i) Southeast of Poulsbo UGA and east of State Highway 305:

from the intersection of State Highway 305 and Noll Road NE, proceed north on Noll Road to the Poulsbo UGA;

follow the UGA west, north, and west again until it intersects State Highway 305;

head south on State Highway 305 to the intersection of State Highway 305 and Noll Road NE.

(ii) Northeast of Poulsbo UGA:

That area between the Poulsbo UGA and a line from the northwest corner of the Poulsbo UGA nearest to the southwestern terminus of Gala Way NE, west to the Poulsbo UGA.

(iii) North of Poulsbo UGA along State Highway 307:

from the intersection of Little Valley Road and State Highway 307, head south to the Poulsbo UGA;

follow the UGA west and then north until it intersects State Highway 307;

head south on State Highway 307 northeast to the intersection of State Highway 307 and Little Valley Road.

(iv) North of Poulsbo UGA and east of State Highway 3:

from the intersection of T26N, R1E, Sections 2, 3, 10, and 11 (which is the northeast corner of the Poulsbo UGA nearest the northern terminus of Viking Avenue NE) head east 0.25 mile;

head south 0.05 mile to the Poulsbo UGA;

head west and then north along the Poulsbo UGA to the intersection of T26N, R1E, Sections 2, 3, 10, and 11.

(v) West of Poulsbo UGA:

from the intersection of Rhododendron Lane NW and Finn Hill Road, head south to NW Rude Road;

head east 0.25 mile on Rude Road;

head south 0.25 mile;

head east to the Poulsbo UGA;

head north and northwest along the Poulsbo UGA to the intersection of Finn Hill Road and Rhododendron Lane.

(vi) South of Poulsbo UGA and east of State Highway 3:

from the intersection of the Poulsbo UGA and Viking Way NW, south of NW Norfinn Lane, head south 0.10 mile on Viking Way NW;

head east to Liberty Bay;

follow the shore of Liberty Bay north to the Poulsbo UGA;

follow the Poulsbo UGA west to Viking Way NW.

(( Beginning at the Poulsbo Joint Planning Area boundary and the west shore of Liberty Bay;

Follow the Poulsbo Joint Planning Area boundary west and then north to State Highway 3;

head west 0.25 mile;

head north to NW Rude Road;

head west 0.25 mile on NW Rude Road;

head north to Rhododendron Lane NW;

continue north on Rhododendron Lane NW to the northern Poulsbo Joint Planning Area boundary;

head east to the intersection of T26N, R1E, Sections 2,3,10, and 11;

head east 0.25 mile and then south to the Poulsbo city boundary;

follow the Poulsbo city boundary to State Highway 307;

head northeast on State Highway 307 to Big Valley Road NE;

head south to the Poulsbo Joint Planning Area boundary;

follow the Poulsbo Joint Planning Area boundary east to NE Gala Way;

continue on NE Gala Way to NE Lincoln and then to Noll Road NE;

head south on Noll Road NE to Tallagson Lane NE;

continue south on Tallagson Lane NE and then south to NE Heron Pond Lane;

head west on NE Heron Pond Lane to Noll Road NE;

head south on Noll Rd NE to State Highway 305;

head northwest on State Highway 305 to the Poulsbo city limits;

head southwest to Liberty Bay.))

(b) As provided by WAC 173-425-040(5), reasonable alternatives to burning exist in the area described below and land-clearing burning is prohibited in this area.

The Port Orchard area as follows and as shown in Figure 8-2:

Begin at the intersection of Baby Doll Road SE and SE Mile Hill Drive;

head east on Mile Hill Drive to Long Lake Road SE;

head south on Long Lake Road SE to the line between T24N and T23N;

head west to the intersection of T24N, R2E Sections 31 & 32 and T23N, R2E Sections 5 & 6;

head north to SE Mile Hill Drive.


Figure 8-1

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Figure 8-2

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((Figure 8-3

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Figure 8-3

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Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office