The “Aktiv” Apartment Building

While precedence has been set for existing residential properties bordering or nearing the Poulsbo Creek, what about new developments of this scale? The mapping of the Poulsbo Creek largely shows it as underground here, however a quick walk down 9th you’ll see the stream is very much on the surface on the West side. 

Any building that could potentially impact the stream is required to submit a Hydrogeological report and make plans to mitigate pollution and contamination.

The application for Aktiv Apartments submitted to the city only a memo that states:

A hydrogeological report has not been prepared or provided, as, to the best of the applicant’s knowledge, the project site is not believed to be within a critical aquifer recharge area.

From the Code document outlining Critical Areas (for existing development) we have these two entries for the Poulsbo Creek:

G. Provisions for Expansions of Existing Development along Poulsbo Creek. Existing development adjacent to Poulsbo Creek which was lawfully constructed, approved or established prior to the effective date of the ordinance codified in this chapter, but which does not conform to present regulations or standards, may be expanded as follows:

1. A nonconforming single-family residence or mobile home may be enlarged up to fifty percent of its existing size as long as:

a. The new construction extends away from the critical area and related buffer and building setback, is located over an existing impervious area, or is a second/third-story addition located over the existing structure;

b. The reconstruction and/or enlargement shall be appropriately mitigated to ensure the existing value and function of the critical area is not degraded;

c. Mitigation and enhancement is required as per subsection (G)(2) of this section;

d. The structure(s) are located outside of a flood hazard area and active landslide hazard area; and

e. The reconstruction and/or enlargement meets all other dimensional standards and requirements contained in the Poulsbo Municipal Code.

2. Requirements for mitigation and enhancement will be determined based on historic site impacts to the critical area, the scope of proposed alterations and require the preparation of a habitat management plan. Possible mitigation and enhancement may include, but shall not be limited to: prohibiting or limiting pruning of riparian vegetation; invasive plant removal and reestablishment of native trees and shrubs within existing buffer areas; instream habitat improvements such as spawning gravel or large woody debris; requiring minimum stormwater treatment for new construction; and retrofitting existing impervious areas with minimum stormwater treatment where feasible. In certain instances, off-site mitigation and/or enhancement may also be required to benefit the watershed.

3. Proposals that proposed to utilize these requirements shall require a critical area permit, a Type II review. (Ord. 2017-10 § 2 (Exh. A (part)), 2017: Ord. 2012-10 § 5 (Exh. D) (part), 2012; Ord. 2007-24 § 2 (part), 2007)

Existing properties must provide the following, so it would stand within reason a completely new development, especially on this scale, would need to submit the same data at a minimum.

16.20.765 Hydrogeological Report.

A hydrogeological report shall be required for certain proposed operations based on a consultation with the appropriate local and state agencies. The report shall address the impact the proposed land use will have on both the quality and quantity of the water transmitted to the aquifer. The report shall also address the types of pesticides and herbicides and fertilizers that can safely be used for the care of landscaping proposed by the applicant.

A.  The report shall be submitted to the reviewing authority and address, at a minimum, the following criteria:

1. Surficial soil type and geologic setting;

2. Location and identification of wells within one thousand feet of the site;

3.  Location and identification of surface water bodies and springs within one thousand feet of the site with recharge potential;

4. Description of underlying aquifers and aquitards, including water level, gradients and flow direction;

5. Available surface water and groundwater quality data;

6. Effects of the proposed development on water quality;

7. Sampling schedules required to assure water quality;

8. Discussion of the effects of the proposed development on the groundwater resource;

9. Recommendations on appropriate BMPs (best management practices) or mitigation to assure no significant degradation of groundwater quality; and

10. Other information as required by the Bremerton-Kitsap County health district.

B. The hydrogeological report shall be prepared by a professional geologist/hydrologist or by a soil scientist with a strong background in geology as demonstrated by coursework from an accredited college or university and/or a minimum of five years of experience.

C. Applications for development or operations with underground storage of petroleum products will be processed using the appropriate procedure as specified in existing city of Poulsbo ordinances.

D.  Analysis for a specific parcel(s), using the criteria outlined below, will be employed to determine if the soils present require a recharge area designation. Data collection will include, at a minimum: six soil logs to a depth of ten feet (or to a depth of four feet below the lowest proposed excavation point, whichever is greater) for each acre in the parcel(s) being evaluated. At least one well which is two hundred feet or greater in depth with an adequate drilling report must be available within one mile. The associated data shall be analyzed and included in the hydrogeological report to determine the presence of highly permeable soils with the recharge area designation.

E. For development proposals within aquifer recharge areas of concern, the hydrogeological report may be based on quarter-quarter section basis locations where the number of wells within a half-mile radius is thirty-six or more, and are designated aquifer recharge areas. To facilitate computer analysis, the evaluation may be done on a quarter-quarter basis using the quarter-quarter section in which a parcel of interest is located and all the surrounding quarter-quarter sections, in place of the half-mile circle. (Ord. 2017-10 § 2 (Exh. A (part)), 2017: Ord. 2007-24 § 2 (part), 2007. Formerly 16.20.740)