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HomeMy WebLinkAbout11.25.2024 PW _CDS SS Briefings KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS—BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 25, 2024 TOPIC: Ecology Cost-Reimbursement Agreement for Kittitas County Water Bank Permit ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to prepare enabling documentation for Cost-Reimbursement Agreement with the Department of Ecology and a Cost-Share Agreement with Mr. Jansen. BRIEFING SUMMARY: • In 2021 Kittitas County submitted a water right application(G4-36135)to the Department of Ecology(Ecology) to expand Kittitas County's Water Bank permit coverage. • Expanded permit coverages allows the County to service more parcels"over-the- counter." • Ecology has decided not to process the application via their standard processing que due to staffing constraints and the application's large technical component. • Due to landowner interest in the application, the County and Ecology have recently discussed processing the application through Ecology's Cost- Reimbursement Agreement program. • Mr. Jansen, a local landowner, is interested in cost-sharing so that the application can proceed through Ecology's Cost-Reimbursement Agreement program. BACKGROUND: Kittitas County previously obtained"large area"water right permits from the Department of Ecology(Ecology). These permits provide front loaded review of a larger geographic area and enable the County to issue water mitigation certificates through our"over-the- counter"program. If certificates cannot be issued"over-the-counter," a process which takes us days to administer, then they must go to Ecology to obtain individual permits. Ecology permit review processing time is currently two years. In 2021, Kittitas County submitted a water right application(G4-36135)to the Department of Ecology(Ecology) to expand Kittitas County's Water Bank permit coverage. In this application, we seek to expand our permit coverage to up to 13 8 additional parcels. Ecology has decided not to process the application via their standard processing que due to staffing constraints and the application's large technical component. An alternative Page 1 of 4 Public Works"Work Session Staff Report",2024 pathway to move the permit forward is through Ecology's Cost-Reimbursement Agreement program. Through this program, we enter into an agreement with Ecology and cover Ecology's costs processing the application and we also hire a consultant from Ecology's pre-approved consultant list to conduct the technical evaluation. Aspect Consulting is a Task Order contractor for the County and on Ecology's pre-approved consultant list. DISCUSSION: Mr. Jansen, a local landowner, owns a large proportion of the 138 parcels identified in the 2021 application submitted to Ecology. Mr. Jansen is interested in cost-sharing so that the application can proceed in a timelier manner. There are two phases associated with Ecology's Cost Reimbursement Agreement. Ecology has provided a cost estimate for budget needs associated with Phase 1, but we do not know what the budget needs will be for Phase 2. FISCAL IMPACTS: The costs associated with Ecology's Cost-Reimbursement Agreement program are included in the Water Resource Program's 2025 annual budget. We have cost savings in our budgeted consultant services in our 2024 annual budget which can over any costs incurred in 2024. ATTACHMENTS: Exhibit 1: Draft Cost-Reimbursement Agreement Exhibit 2: Draft Cost Share Agreement Page 2 of 4 Public Works"Work Session Staff Report",2024 �GPSDpDES...Tp TiiE�o '01 `L��f9 KZTTITAS CO WWW DEPARTMENT OF PUBLIC WORKS [QTTITAS COUNTY Formal Task Order Document Aspect Consulting Task Order Number 004 Maximum Amount Payable $351,000 Completion Date 12/31/25 The general provisions and clauses of the Professional Services Agreement entered into on April 16, 2024, shall be in full force and effect for this Task Order. Location of Project: Kittitas County—Thorp Subbasin Project Title: Cost Reimbursement Agreement G4-36135 Description of Work: Aspect Consulting (Aspect)understands that Kittitas County(County) has requested technical assistance to help process water right application G4-36135. Water right application(G4-36135) was submitted by the County in 2021 and proposes to expand the existing place of use for the County's water bank to include groundwater from the basalt aquifers located at the base of Manastash Ridge in the Thorp Subbasin. Aspect understands that although the application was submitted by the County in 2021, the Department of Ecology(Ecology) has decided not to process the application via their standard processing que due to staffing constraints and the application's large technical component. Due to landowner interest in the application, the County and Ecology have recently discussed processing the application through Ecology's Cost Reimbursement Agreement program. Cost Reimbursement Agreements (CRAB) are currently the standard mechanism to have pending applications processed in a timely manner. The CRA program is a pay-for-service option that allows applicants to pay the cost of having their application processed by prequalified consultant teams (of which Aspect is one). There are two phases associated with the CRA, currently Ecology has issued a draft Phase 1 contract for the County's review. Under this Phase 1 contract, the County would have to provide Ecology with a technical memorandum and reimburse Ecology for the time it takes them to CADES...TO- eCOCL� �40 @f9 KZTTITAS COUNTY DEPARTMENT OF PUBLIC WORKS KITTITAS COUNTY review the technical memorandum. Ecology has currently provided a Phase 1 review budget of $12,825 which includes 190 hours of Ecology's time. If no fatal flaws are identified in the Phase 1 technical memorandum, then Ecology will issue a Phase 2 contract. The Phase 2 contract will require the County to submit a draft Report of Examination(ROE) for Ecology's review. Similar to Phase 1, the County will be required to reimburse Ecology for the time it takes them to review the ROE. Ecology's review cost for Phase 2 is currently unknown and is heavily dependent on results of the Phase 1 technical memorandum. To assist the County through Phases 1 and 2 of the CRA process, Aspect proposes to complete the following work under this contract authorization: Phase 1.1 Abridged Technical Memorandum ($6,500): During the initial phases of the project Aspect identified an existing hydrogeologic memorandum and ROE that was authored by Ecology in 2015. The existing technical work completed by Ecology was for a large area permit located in the same subbasin as the subject water right application. The draft report of examination addressed key technical issues and concluded that (1)water is available for appropriation (2)the proposed use is beneficial (3) the proposed use is not contrary to the public interest and (4) the proposed use will not cause detriment or injury to existing rights. During the pre-CRA meeting, Aspect asked Ecology if they had reviewed the existing ROE and hydrogeologic memorandum. Ecology stated that they were unfamiliar with the documents and would not review the existing technical work unless they were paid for their time through a CRA contract. Therefore, to promote efficiency and reduce costs Aspect proposes to complete an abridged technical memorandum that largely relies on Ecology's body of existing work. The abridged memorandum will reference Ecology's existing hydrogeologic conceptual model and update project specific information including impairment. Under Phase 1.1 Aspect has budgeted for up to 3 meetings virtual with Ecology and or the County. Phase 1.2 (Optional) Comprehensive Technical Memorandum ($15,000): � �CPgCADES...-TO THgOOLL�i �40 °f9 KITTITziS COUNTY - DEPARTMENT OF PUBLIC WORKS HITTITAS COUNTY If Ecology deems the 2015 technical work unsuitable to use for the proposed permit application, then Aspect will complete a comprehensive technical memorandum including all of the components listed in the Phase 1 CRA contract. These components include: • Describe the hydrogeologic conceptual model of the proposed project site. This needs to include but not limited to 1) Identify and describe the aquifer properties of the source aquifer. 2) Identify source aquifer boundary conditions. 3) Identify water level trends in the source aquifer. 4) Estimate the water budget for the source aquifer. • Describe the physical and legal availability of water in the proposed project areas. • Impairment Analysis - Identify all senior water rights and yet-to-be-processed senior water right applications within the same source aquifer. Identify and quantify impacts to senior water rights in the source aquifer. • Identify and quantify impacts to surface water bodies and tributaries • A site map showing the place of use and point(s) of withdrawal for all related water rights, ensuring clarity on project boundaries and infrastructure. • A vicinity map showing the location of all senior water rights and any senior water right applications within the same source aquifer,providing context to their proximity to the proposed project. • A groundwater elevation map showing groundwater elevation contours based on area well reports and published source material. This map should clearly depict all surface water features, as well as assumed groundwater divides,to illustrate the relationship between groundwater and surface water bodies. • A geologic cross section based on available area well reports and published source material, showing the subsurface conditions relevant to the proposed project. Budget under this task will be largely dependent on Ecology's feedback on the Phase 1.1 deliverable. If the Phase 1.1 deliverable is not accepted Aspect cannot predict the level of effort that Ecology will require for Phase 1.2. We have prepared this scope based on similar assessments performed in the past and will advise the County of progress as key milestones are reached in the scope above in the event unforeseen issues arise. Under Phase 1.2 Aspect has budgeted for up to 2 virtual meetings with Ecology and or the County. Phase 2.1 Draft Report of Examination and Public Notice ($13,500) Under this Phase,Aspect will prepare the permitting documents required under Phase 2 of the CRA. These documents include the draft Report of Examination, the public notice, and the draft CASCADES...Tp '6 KITTZTAS CO DEPARTMENT OF PUBLIC WORKS KITTITAS COUNTY water right permit. Aspect anticipates that work previously completed under Phase 1 will provide significant efficiencies to complete the ROE. Aspect has budgeted up to 8 hours to review and address Ecology comments, then prepare a final ROE for Ecology's approval. The approved ROE will then be subject to a 30-day public comment period, following a 30-day appeal period. Following the 30-day appeal period, Aspect will assist the County with tracking and coordination with Ecology of the permit issuance following completion of the draft ROE through public comment and appeal periods. Under Phase 2.1 Aspect has budgeted for up to 3 virtual meetings with Ecology and/or the County. For budgeting purposes,we have assumed that the County will take the lead on any SEPA related efforts. Cost Breakdown: Aspect understands that a local landowner(Mr. Jansen) has agreed to enter into a cost share agreement with the County to process the subject application through Ecology's Cost Reimbursement Program. As such, Aspect proposes the following phase costs and budget for each party in Table 1 below. Table 1. Proposed Project Budget Cost to Mr. Jansen Cost to the County Total Cost Phase 1.1 $4,000 $2,500 $6,500 Phase 1.2 (optional) $8,000 $7,000 $15,000 Phase 2.1 $8,000 $5,500 $13,500 Total $20,000 $15,000 $35,000 There is an element of uncertainty in coordinating Ecology permitting. It is not known how voluminous the public comments (including but not limited to Ecology, tribal, Department of Fish and Wildlife, and the Water Transfer Working Group) may be throughout this process. We have prepared this scope based on similar assessments performed in the past and will advise the County of progress as key milestones are reached in the scope above in the event unforeseen issues arise. � �GASCADFS...TO EC0 44o erg KI 1 1 I i�S C® DEPARTMENT OF PUBLIC WORKS KTTTITA5 COUNTY In the event that information beyond Aspect's control is delayed (e.g., public records request from Ecology,public comments requiring additional technical analysis), Aspect will coordinate with the County on appropriate schedule and budget responses. Aspect relies on public records and records provided by Ecology for our work. Ecology records disclosure often includes GIS mapping of water rights bounds. Unless a marked difference is identified in the mapping between Ecology's record and the Seller's records, Aspect will rely on Ecology's interpretation of the legal description for the purpose of our analysis. The County may request manual re-mapping of all water right attributes per the legal description for an additional cost. Aspect envisions no more than four coordination meetings necessary between Ecology and the County, along with regular email check-ins on project status. Project Schedule: Aspect anticipates completing the project by December, 2025. However, Aspect cannot fully predict schedule given the public nature of the project, the multitude of public agencies involved, or Ecology's review time and will work with the County to coordinate schedule modifications as appropriate. Agency Signature: Date: Consultant Signature: Date: KITTITAS COUNTY COST-SHARE AGREEMENT FOR THE ASPECT CONSULTING COST-REIMBURSEMENT AGREEMENT G4-36135 This Agreement is entered into this day of December, 2024 by and between KITTITAS COUNTY("the County"), a political subdivision of the State of Washington, and Mr.Victor Jansen(hereinafter collectively referred to as the"Parties"). WHEREAS,the parties wish to collaborate financially for the purpose of processing Kittitas County water right application G4-36135 utilizing the Washington Department of Ecology's Cost-Reimbursement Program; and WHEREAS,this financial collaboration is subject to the terms and conditions contained in a separate agreement with Aspect Consulting, which is attached'as Exhibit A, and hereby incorporated by reference; and WHEREAS, the purpose of waterright application G-436135 is to expand Kittitas County's permit coverageso that additional County parcels can receive water mitigation issued "over-the-counter"; and ' WHEREAS,bothpartieshave an interest in the outcome in:permit application G-436135. NOW,THEREFORE, in consideration of the premises and promises;terms and conditions set forth below, it is hereby agreed as follows: 1. Purpose. The purpose of this Agreement is to detail the manner in which the aforementioned costs will be shared between the parties. 2. Shared Costs. 2.1. The Parties agree to divide the costs as shown in Table 1 of the Aspect Agreement attached as Exhibit A. 2.2. Kittitas County shall create and maintain an account to hold deposit(s) from Mr. Jansen. Kittitas County shall make distributions from that account directly to Aspect Consulting as required per the terms of the separate and referenced agreement. The County shall not advance fees on Mr. Jansen's behalf nor shall the County extend any credit to Mr. Jansen.All unused funds shall be returned in a timely fashion. 2.3. Mr.Jensen shall deposit with the County before any work can begin.The County will notify Mr.Jensen in writing if and when additional deposits must be made. No work can commence or continue unless the required deposit(s)is on file with the County. 2.4. Any disputes regarding the type or amount of costs charged shall be disputed directly to Aspect Consulting and not between the parties of this Agreement. Cost-Share Agreement Page 1 of 6 2.5. Failure by either party to timely pay their share of the costs may result in their termination from the Agreement with Aspect Consulting. 3. Duration. This Agreement shall remain in effect until complete. 4. Termination.This Agreement may not be terminated once performance of the Aspect Consulting Agreement has commenced.Any termination before performance commencement must be delivered in writing and does not alleviate the terminating party from potential breach of contract claims concerning the over-arching agreement with Aspect Consulting. 5. Contract Management. The Agreement Administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement Administrator Mr. Jansen is: The Agreement''Administrator for the Countyis:Arden Thomas, 411 North Ruby Street, Suite 1, Ellensburg,WA 98926. Telephone,: 509-962-7523. 6 Force Ma'el ure. Neither party will be liable to,the.other for any failure or delay in performance�under this Agreement due to,,,..,,circumstances beyond its reasonable control, including acts of nature, acts of war, accident, labor disruption, acts, omissions or defaults of third parties, and official, governmental'or:judicial action not the fault of the party failing or delaying in performance. 7. Maintenance of Records. Each party hereto agrees to maintain books, records and documents using accounting procedures which accurately reflect all direct and indirect costs related to the performance of services described herein. Each party may examine the other party's books and records to verify the accuracy of invoices. Each party's fiscal management system shall include the capability to provide accurate and complete disclosure of all costs invoiced under this Agreement. All books,records, documents and other materials relevant to this agreement will be retained for six years after expiration of the Agreement, and the Office of the State Auditor and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 8. Hold Harmless and Indemnification. Each Party shall hold harmless and indemnify the other Party and its directors, officers, employees, agents and representatives against any and all loss, liability, damage, or expense, including any direct, indirect or consequential Cost-Share Agreement Page 2 of 6 loss, liability, damage, or expense, but not including attorney's fees unless awarded by a court of competent jurisdiction, for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or in connection with intentional, willful, wanton, reckless or negligent conduct. However, neither Party shall be indemnified hereunder for any loss, liability, damage or expense resulting from its sole negligence or willful misconduct. The waivers in this section have been mutually negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement. 9. Warranty. Except as expressly stated herein, there are no express or implied warranties respecting this Agreement or the services provided. 10. Assigningnt. This Agreement cannot be assigned, transferred or any portion,subcontracted by either party hereto without the prior written consent of the other-party, which consent shall not be reasonably withheld. 11. Administration of Agreement. There shall be no separate legai entity created by the Agreement. 12. Prop The terms of this Agreement do not contemplate the acquisition of any real or personal property. Unless otherwise specifically agreed by the parties in writing, all property, personal and real, utilized by the,parties hereto in the execution of this Agreement shall remain the property of that party initially owning it. 13. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State and Federal laws and ordinances. 14. Relationship of the Parties. No agent, employee or representative of the County shall be deemed to be an agent, employee or representative of Mr. Jansen for any purpose, Mr. Jansen and his agents, employees, and representatives are not entitled to any of the benefits that Kittitas County provides to County employees. No agent, employee or representative of Mr. Jansen shall be deemed to be an agent, employee or representative of Kittitas County for any purpose. 15. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a majority vote of a three-member Dispute Resolution Board comprised of one representative chosen by each of the parties hereto and a third chosen by the two selected parties. If said determination is not acceptable to the parties, the parties are entitled to utilize whatever remedies to which they may be entitled at law or in equity. Cost-Share Agreement Page 3 of 6 16. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed by the laws of the State of Washington, and any action to enforce this Agreement shall be brought in Kittitas County,Washington. 17. Modification. The provisions of this Agreement may be modified or amended only by written mutual agreement of the parties, executed by personnel authorized to bind each of the parties. 18. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 19. Severability. If any provision.of this Agreement or any provision of anydocument incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law andhe fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 20. Effective Date. This agreement shall take effect when signed by both parties. Cost-Share Agreement Page 4 of 6 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY,WASHINGTON By: By: Name: Victor Jansen Name: Brett Wachsmith, Chairman Date: Attest: Clerk of.the Board Cost-Share Agreement Page 5 of 6 Exhibit A Aspect Task Order Agreement Cost-Share Agreement Page 6 of 6 \r DEPARTMENT OF ECOLOGY State of Washington Cost-Reimbursement Agreement (CRA) Between State of Washington Department of Ecology and CRA Project No. PART A SPECIAL TERMS AND CONDITIONS AND SCOPE OF WORK Effective Date: date of signature by the Washington State Department of Ecology End Date: December 15, 2027 Applicant Information Project Manager/ Billing Contact Primary Point of Contact Name Company Address Telephone Fax E-mail Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 1 of 16 Ecology Information Technical Project Manager/Primary Program Primary Point of Contact Point of Contact Name Andrea Reyes Amy Pearson Address 1250 W. Alder Street PO Box 47600 Union Gap, WA 98903 Olympia, WA 98504 Telephone 509 406-6426 360-515-6811 Fax 509 575-2809 360-407-6574 E-mail andrea.re es ec .wa. ov Am earson ecv.wa. 7ov Project Description Kittitas County has submitted groundwater application G4-36135. This application is requesting multiple domestic indoor use for up to 134 connections — 275 GPD (.092 CUx134 ac/yr) continuous use and 25 GPD(.034 CU x 134 ac/yr) seasonal use.Proposed number of irrigated acres is .011 x 134. Appropriation will be from Trust Water Rights held by Ecology in which Kittitas County holds a beneficial interest: Williams (CS4-01533sbl la), Amerivest(CS4-01968sbl la), Roth-Clennon (CS4-0167sb5d@2), Schnebly(CS4-02064sbIO 84524, CS4-01049sb10 85098). as well as other trust water rights managed by the County.The requested permit coverage is for places of use that are within the green zone for these in trust water rights.Mitigation certificates could be Package A (0.092 AF/YR CU)or Package B (0.126 A CU)AF/YR based on individual parcel access to an irrigation district. The 98 parcels in sections 15,16, and 22 TWP 18, RGE 17 are proposed to connect to multiple Group B water systems. This project is in Water Resource Inventory Area (WRIA) 39 in Kittitas County. Ecology has approved Kittitas County's request to process this application through Cost Reimbursement under a Phase 1 agreement. The Applicant has selected Aspect Consulting from Ecology's pre-approved cost reimbursement consultant list. As part of this agreement, Ecology will provide technical assistance and document review services to Kittitas County and its consultant,Aspect Consulting.Ecology staff will invoice for time spent working on this project. THEREFORE,IT IS MUTUALLY AGREED THAT: Definitions: "Applicant": Kittitas County "Ecology": Washington State Department of Ecology "Parties": Ecology and Kittitas County "Consultant":Aspect Consulting Statement of Work Ecology shall furnish through its consultant and internal staff resources the necessary personnel,equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Scope of Work and Deliverables. Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 2 of 16 Performance Security Performance Security Option Selected and Dollar Amount(Pursuant To Section II.13.6. Of Part B— General Terms and Conditions): Prepayment of full estimated amount of$12,825 OR Security Deposit of$5,000. Terms of Agreement Consistent with the provisions of Part B General Terms and Conditions as well as the provisions of RCW 43.21A.690 and RCW 90.03.265,the following describes the specific tasks,budget detail, and schedule for the scope of work to be performed by Ecology and its consultant(s)to be subsequently reimbursed by the Applicant pursuant to this CRA. This Cost Reimbursement Agreement is to expedite Ecology's decisions and may or may not result in the issuance of permits. Accordingly,the Parties signatory to this Agreement agree: All eligible costs incurred by Ecology must be reimbursed by the Applicant. Eligible costs include all reasonable and necessary direct and indirect costs that arise from processing the permit, legal costs for processing your application, cost of staff replacement for time spent working on this project and decision-making through any final decision by Ecology.Ecology will bill you monthly for both the direct portion of staff costs and the staff replacement costs. SCOPE OF WORK AND DELIVERABLES Background As part of Ecology's standard cost reimbursement process,Kittitas County has hired Aspect Consulting under a Phase 1 agreement to prepare a draft Technical Report that summarizes their investigation into the proposed groundwater Water Right Application no. G4-36135. It is Ecology's expectation that the resulting Technical Report will follow relevant Ecology statues, rules, and policies for this type of application. Ecology will review the report to help determine whether water is available for beneficial use, whether the proposed use will impair existing rights and therefore require mitigation, and whether the proposed use will be determinantal to the public welfare (RCW 90.03.290(3)). Additionally, this report will determine whether older applications must be processed in front of this application. Deliverables from the Consultant Presentation to Water Transfer Working Group, if needed. Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 3 of 16 Project Description • Summary Overview: Provide a detailed description of the proposed project, including the project location and the proposed withdrawal amounts. • Water Transfer Working Group Consideration (if needed): Include any additional project details required for review by the Water Transfer Working Group, including any relevant context or specific requirements. The Technical Report is expected to document the following: • Describe the hydrogeologic conceptual model of the proposed project site. This needs to include but not limited to 1) Identify and describe the aquifer properties of the source aquifer. 2)Identify source aquifer boundary conditions. 3)Identify water level trends in the source aquifer. 4)Estimate the water budget for the source aquifer. • Describe the physical and legal availability of water in the proposed project areas. • Impairment Analysis - Identify all senior water rights and yet-to-be-processed senior water right applications within the same source aquifer. Identify and quantify impacts to senior water rights in the source aquifer. • Identify and quantify impacts to surface water bodies and tributaries. The Technical Report must include tables and figures documenting findings and include: • A site map showing the place of use and point(s)of withdrawal for all related water rights, ensuring clarity on project boundaries and infrastructure. • A vicinity map showing the location of all senior water rights and any senior water right applications within the same source aquifer,providing context to their proximity to the proposed project. • A groundwater elevation map showing groundwater elevation contours based on area well reports and published source material. This map should clearly depict all surface water features, as well as assumed groundwater divides, to illustrate the relationship between groundwater and surface water bodies. • A geologic cross section based on available area well reports and published source material, showing the subsurface conditions relevant to the proposed project. Ecology Technical Assistance, Document Review, and Administrative Work Ecology staff will provide the following technical and administrative assistance, pursuant to this agreement: • Evaluate and provide feedback on the public notice for the proposed project. • Coordinate and consult with relevant tribal governments, as well as the Washington State Department of Fish and Wildlife (WDFW),to ensure compliance with environmental and regulatory requirements. • Participate in consultations with the Water Transfer Working Group, if necessary, to address issues related to the proposed project. • If needed by Ecology,provide preliminary permit to drill and test new wells. • Technical assistance on water resources and water quality-related questions and issues. Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 4 of 16 • Provide feedback and revisions on technical and supporting documents submitted by the consultant. • Hydrogeologic review of technical documents. • Evaluate and provide feedback on the proposed mitigation plan to ensure it meets necessary environmental and legal standards. • Provide assistance in resolving statutory or policy-related issues that may arise during the course of the project. • Facilitate in-person,telephone, or virtual meetings (web-based or app-based)with the applicant and their consultant as needed to discuss technical matters. • Perform general project management duties to ensure the efficient and timely progress of the project, including coordination with involved parties and tracking milestones. • Provide mapping support using GIS to document the location of the proposed project,water rights, and other relevant features. • Handle administrative functions such as scanning, final document preparation,and ensuring proper documentation is maintained throughout the project. BUDGET AND SCHEDULE SUMMARY Estimated Estimated Rate Estimated Cost Hours Ecology Direct 95.0 $78.00 $7410.00 Staff Replacement Cost 95.0 $57.00 $5415.00 Total Cost Estimate $135.0 $12,825.00 Review Schedule—Estimated review schedule for work products that are submitted to Ecology. Estimated number of weeks for initial review of the permit application= 17 Estimated number of revision cycles=2 Estimated number of weeks for review of subsequent revision submittals = 12 Estimated date for revision of the agreement(if necessary)= September 15, 2027 Budget and schedule summary presented here is for informational purposes only. Ecology tracks and manages costs at the total project level. A formal written and signed amendment to this CRA is required to increase the total project budget amount or extend the completion date. This budget estimate does not include potential costs associated with appeals following issuance of the final decision. Entire Agreement and Signatures This Agreement contains all the terms and conditions agreed upon by the parties. This entire agreement consists of Part A, Special Terms and Conditions and Statement of Work and Part B, General Terms and Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 5 of 16 Conditions. No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This contract may be amended by mutual agreement of the parties. A formal written and signed amendment to this CRA is required to increase the cost. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement. Applicant Authorized Official: Ecology Authorized Official: Name Name Ria Berns Signature Signature Date Date Address Address PO Box 47600 Olympia, WA 98504-7600 Telephone Telephone 425 495-3917 Fax Fax 206 366-7810 E-mail E-mail Ria.bems ec .wa. ov Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 6 of 16 PART B -Water Right - GENERAL TERMS AND CONDITIONS Recitals A. Pursuant to RCW 43.21A.690,RCW 90.03, and RCW 90.44 Ecology may enter into voluntary cost- reimbursement agreements with applicants to provide for the recovery of Ecology decision-making expenditures,on behalf of that applicant,related to permit coordination,environmental review,application(s) review,technical studies,permit processing,independent consultants,current staff review,staff technical assistance, and reasonable and necessary direct and indirect costs that arise from processing the permit. B. Further pursuant to,RCW 43.21A.690,RCW 90.03,and RCW 90.44 the Washington State Legislature has stated its intent that cost-reimbursement agreements free permitting agency resources to work on review of other project permits and,in particular,small-project permits.The use of cost-reimbursement agreements must not reduce agency staff available to work on application(s)not covered by cost-reimbursement agreements.Accordingly,this intent cannot be met unless all eligible costs incurred by Ecology are reimbursed by the Applicant. Eligible costs include legal costs for processing and decision-making through any final decision by Ecology and any such subsequent venue of first legal review,e.g.,Pollution Control Hearings Board,Environmental and Land Use Hearings Board, Superior Court, etc. C. Fully aware of the above provisions and the full scope and intent of RCW 43.21A.690,RCWs 90.03,and RCW 90.44, and in consideration of Ecology processing any application(s)as provided in RCW 90.03.265, the Applicant will reimburse Ecology for Ecology's decision-making costs associated with this Agreement as well as for any other such decision-making costs associated with any other application(s)which must be acted upon before the Applicant's. Agreement The Parties hereto agree as follows: A. Cost-Reimbursement Agreement. 1. Scope of Reimbursable Activities. This CRA(i.e.,both Part A—Special Terms and Conditions and Scope of Work, and Part B—General Terms and Conditions)provides for reimbursement to Ecology by the Applicant for all reasonable and necessary direct and indirect costs generally described in the body of this CRA,and further described by tasks,budget detail,and schedule in Part A—Special Terms and Conditions and Scope of Work. B. Reimbursement by the Applicant. 1. Liability for Reimbursement. Except as otherwise specifically excepted in this CRA,the Applicant is liable to Ecology for all actual and reasonable costs necessary for the tasks set forth in Part A— Special Terms and Conditions and Scope of Work to process and make decisions concerning the Applicant's permit application(s),as well as any other application(s)must be acted upon first(see Eligible Costs at II.B.2.below). Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department.These tasks are more fully described in Part A—Special Terms and Conditions and Scope of Work including the identification of any senior application(s)which potentially must be acted upon before the Applicant's,without limiting the eligible costs as incurred by Ecology and reimbursable by the Applicant. Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 7 of 16 [Note—Any listing of application(s)names and numbers of senior application(s)referenced in Part A—Special Terms and Conditions and Scope of Work is based on a preliminary analysis and may not represent a complete list of senior affected application(s). Ecology may add or withdraw application(s)from the list as needed.] 2. Eligible Costs. Consistent with RCW 43.21A.690,RCW 90.03,and RCW 90.44 eligible costs of decision-making under this CRA, include both reasonable and necessary direct and indirect costs. a. Direct Costs. Direct costs are costs incurred as a direct result of Ecology working to fulfill its decision-making responsibilities pursuant to this CRA and the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 including, as applicable, and without limitation,costs of. i. Ecology personnel hours worked directly on the specific application(s)processing and decision-making being sought through this CRA, as well as any processing and decision- making associated with any such senior application(s)which must be acted upon before the Applicant's.,Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department.Hours worked directly include all work for purposes of determining whether the application(s)satisfies the"four- part"test of RCW 90.03.290 and any other applicable legal requirements. Hours worked directly also include any hours spent to review the work of any consultant hired as part of this CRA,provide necessary technical assistance in the absence of a consultant with comparable technical skills,attend coordination and decision-making meetings,routine or otherwise, convened to monitor progress, set critical pathways, and generally ensure efficient and straightforward implementation of this CRA,and provide for training for Ecology personnel as necessary to implement this CRA. Costs of Ecology personnel hours includes salaries,retirement plan benefits, Social Security benefits,health care benefits, and other benefits required by law to be paid to,or on behalf of,employees. [Note—The personnel listed in this section are only representative of Ecology employees and their salary.The actual job class and rate on any project may vary.] • Ecology personnel hours are based on position(hourly rates are approximate): WMS Band 2—$88.00/hour Environmental Specialist 4—$73.00/hour WMS Band 1—$71.00/hour Environmental Specialist 3—$62.00/hour Hydrogeologist 3—$79.00/hour Secretary Supervisor—$46.00/hour Hydrogeologist 2—$67.00/hour Secretary Senior—$41.00/hour [Note-Benefit costs are calculated at a rate of 32.0%of Ecology salaries,the indirect rate is calculated at a rate of 29.9%of salaries and benefits and are included in the hourly rates shown above. This rate could change annually]. ii. contracting with and managing independent consultants,whose work is identified, scoped,performed,and managed solely under the exclusive direction and oversight of Ecology, in accordance with the provisions of RCW 43.21A.690,RCW 90.03, and RCW 90.44 and Part A—Special Terms and Conditions and Scope of Work of this CRA,for decision-making work associated with processing and decision- making on the Applicant's application(s),as well as any processing and decision- making associated with any such senior application(s)which must be acted upon before the Applicant's.Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. iii. attorney, litigation,and expert witness fees and costs for decision-making work associated with processing and decision-making on the Applicant's application(s), including any legal costs for processing and decision-making through any final decision by Ecology and any such subsequent venue of first legal review; Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 8 of 16 [Note Ecology's rate for assignment of Assistant Attorney General Counsel is calculated at$130.28 an hour.This rate could change annually.] iv. travel directly related to this CRA,the Applicant's application(s),and any such senior application(s)which must be acted upon before the Applicant's at actual costs,or the current state rate,whichever is less; v. printing,production,and publishing of documents and other media directly related to this CRA,the Applicant's application(s),and any such senior application(s) which must be acted upon before the Applicant's at actual rates; A. purchase or rental of equipment directly related to this CRA,the Applicant's application(s),and any such application(s)which must be acted upon before the Applicant's up to$500,beyond which advance approval of the Applicant is required; [Note—If,at the end of this CRA,Ecology wishes to retain any purchased equipment, it shall credit the Applicant with the remaining amortized value of the equipment;if Ecology does not wish to retain the equipment,the equipment shall be provided to the Applicant to take possession and ownership.] vii. room rental for meetings and/or public hearings directly related to this CRA,the Applicant's application(s),and any such senior•applications)which must be acted upon before the Applicant's; and [Note—Ecology shall make reasonable efforts to use low-cost,convenient,and available facilities for such purposes.] viii. Other goods and services as reasonable and necessary to carry out the terms of this CRA at actual rates. b. Indirect Costs. Indirect costs of facilities,communications,personnel, fiscal,and other statewide and agency-wide services are also eligible costs. The agency indirect rate used shall be the rate approved by the agency's federal cognizant agency(which,as of the writing of this CRA,is the Environmental Protection Agency)for each fiscal year. The agency indirect rate shall be applied to the salaries and benefits paid to Ecology personnel working on this CRA,the Applicant's application(s),and any such senior application(s) which must be acted upon before the Applicant's. [Note—The indirect rate is calculated at a rate of 29.9%of salaries and benefits. This rate changes annually.] c. Staff Replacement Costs. Consistent with RCW 43.21A690(3)(4)The department shall make an estimate of the number of permanent staff hours to process the permits,and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project.In order to maintain permit processing capacity,the agency may hire outside consultants,temporary employees,or make internal administrative changes.The restrictions of chapter 42.52 RCW apply to any cost- reimbursement agreement,and to any person hired as a result of a cost-reimbursement agreement. [Note—Contractor assistance is calculated at an average rate of$135.00/hour(not including travel), based on consultant rates in Ecology's FY 2011-12 Water Resources Consultant Pool.This rate could change annually.] 3. Status Reports. Within 21 days of request,but not more often than once every 30 days, Ecology shall send to the Applicant a brief status report describing progress made under the Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 9 of 16 terms of this CRA(consistent with the sample status report format provided herewith in Appendix A).Upon written request of the Applicant,Ecology shall provide the Applicant with copies of all written product produced by Ecology or by contracted assistance to Ecology,with respect to the agreed scope of work. The exception to this is documents which are privileged or are exempt from disclosure under the state public records law,RCW 42.56. 4. Preparation of Invoices. Invoices will be prepared on a monthly basis and mailed within 45 days after the close of a month. During the close of a state fiscal year, a supplemental invoice may also be necessary. Invoices will include a summary of costs incurred per the sample invoice provided herewith in Appendix B. If the Applicant has chosen to make a pre- payment as described under 6.c.below,the Applicant will receive a monthly summary in lieu of an invoice. The summary will be similar to the sample invoice in Appendix B except that it will reflect the amount of the pre-payment,costs to date,and the current pre-payment balance. 5. Payment of Invoices. Invoices shall be paid within thirty(30)days upon receipt of the invoice from Ecology. If the Applicant fails to pay an invoice within the stated time, Ecology may stop all work under this CRA until the invoice is paid. The Applicant will be responsible to pay interest at the rate of one percent per month,or fraction thereof,and any additional charges by the independent consultant for expenses of stopping work and later starting up again. 6. Performance Security. Upon execution of this agreement,the Applicant shall deposit with Ecology a performance security to ensure Ecology is reimbursed for all eligible costs incurred as a result of Ecology entering into this CRA. The following performance security options are acceptable: a. A security deposit for twenty-five thousand dollars($25,000)or in a lesser amount if agreed to by the Parties,but no less than five thousand dollars($5,000); b. A full pre-payment of costs,mandatory for expedited processing(RCW 90.44). Ecology may stop work on the Applicant's application(s),as well as any such senior application(s) which must be acted upon before the Applicant's,when the Applicant's pre-paid funds have been fully expended. Ecology may restart work under this CRA after such time as subsequent pre-paid funds have been received from the Applicant and deposited by Ecology. Pre-payment does not excuse the Applicant from paying costs incurred up to and through any stop work date. In the event performance security option of a,or b is selected,the Applicant is not excused from payment of eligible costs because the security deposit is held by Ecology. Ecology shall use the security deposit to resolve obligations incurred by Ecology as a result of entering into this CRA in the event such obligations are not reimbursed by the Applicant in accordance with the terms of this CRA. The security deposit amounts may be negotiated to a lower amount at the discretion of Ecology on the basis that maximum monthly financial obligations incurred by Ecology as a result of entering into this CRA will be substantially less than$25,000. The particular security deposit approach taken and dollar amount agreed to by the Parties shall be described in Part A—Special Terms and Conditions and Scope of Work, and effected through subsequent signature of the Parties,and if pre-payment is selected then such shall be directed to the Department of Ecology,Cashiering Unit,P.O.Box 47611,Olympia,Washington, 98504-7611. 7. Supplemental Performance Security for Administrative Review. Ecology may require the Applicant to post with Ecology acceptable performance security as a supplement to that already secured to cover all costs,as estimated by Ecology in conjunction with the Office of Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 10 of 16 the Attorney General, of any legal expense associated with any legal review before any venue of first review(e.g.,PCHB,ELUHB, Superior Court,etc.).Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. Such costs shall include the costs of any attorney's fees and other reasonable costs incurred by Ecology in connection with any first venue legal review proceedings. The Applicant shall not be liable for such administrative review costs incurred by Ecology in excess of the supplemental performance security amount. C. Decisions on Applicant's application(s). Final decisions on any aspect of the Applicant's application(s),as well as any such senior application(s)which must be acted upon before the Applicant's,shall be made by Ecology. The Applicant shall have no control or direction over the work of Ecology staff,independent consultants working for Ecology,or attorneys representing Ecology. The Applicant shall have no direction or control of processing and decision-making on any application(s)processed pursuant to this CRA, either during processing and decision-making or through any such subsequent venue of first legal review D. Termination. 1. For Cause. Either Party may terminate this CRA upon five(5)days written notice if the other Party has breached any of the terms of this CRA and has failed to remedy such breach within thirty(30)days following receipt of notice of the breach. 2. For Lack of Authorization. This CRA will terminate immediately if the Legislature repeals the law under which this CRA is authorized or the courts declare it unlawful if such repeal or declaration is intended to affect existing CRAB. In the event legislative authority to expend funding pursuant to RCW 43.21A.690,RCW 90.03, and RCW 90.44 is withdrawn or amended,Ecology may terminate the contract under the Termination for Convenience clause, without a 30-day notice requirement as required for termination for cause,subject to renegotiation under those legislative authority limitations and conditions. 3. For Convenience. Except as otherwise provided in this contract,either Party may,by five (5) days written notice to the other Party and any relevant contractors assigned pursuant to this CRA,with 5 days beginning on the second day after the mailing,terminate this contract for its convenience. 4. Procedure. If either Party terminates this CRA for any reason before Ecology has rendered a decision on the Applicant's application(s),or on any such senior application(s)which must be acted upon before the Applicant's,the Applicant shall reimburse Ecology for costs incurred under this CRA up to, and through,the effective date of termination. Upon termination,if the Applicant does not reimburse Ecology for the costs incurred within thirty-two(32)days of Ecology's mailing written demand,Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable,and shall return or release the unneeded portions of the performance security to the Applicant within thirty(30)days after obtaining satisfaction of all costs incurred. If such recovery is inadequate to obtain full reimbursement,the Applicant shall be liable to Ecology for any remaining unpaid costs; a. If either Party terminates this CRA for any reason after Ecology has rendered a decision on the Applicant's application(s),or on any such senior application(s)which must be acted upon before the Applicant's,the Applicant shall continue to reimburse Ecology,even after termination,and this CRA shall remain in effect,for costs incurred under this CRA up to, and through,any final decision by any such subsequent venue of first legal review,on any and all decisions so rendered by Ecology before the Applicant terminated this CRA. Upon Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 11 of 16 termination,if the Applicant does not reimburse Ecology for the costs incurred within thirty-two(32)days of Ecology's mailing written demand,Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable,and shall return or release the unneeded portions of the performance security to the Applicant within thirty(30)days after obtaining satisfaction of all costs incurred. If such recovery is inadequate to obtain full reimbursement,the Applicant shall be liable to Ecology for any remaining unpaid costs; b. Upon termination by either Party for any reason,if the Applicant does not withdraw the application(s)covered by this CRA,Ecology shall be released from any commitment under this CRA with respect to processing and decision-making associated with the application(s). Equipment purchased to process and make decisions concerning the Applicant's application(s),or on any such senior application(s)which must be acted upon before the Applicant's,may remain the property of Ecology per the provisions of II.B.2.a.vi.above; c. Upon termination by either Party for any reason,Ecology may,at its discretion, stop or continue its processing and decision-making work on any application(s)covered by this CRA,but the Applicant shall not thereafter be responsible to reimburse Ecology for direct or indirect costs incurred for processing and decision-making on the application(s)on which no decision was rendered before a Party terminated this CRA;and d. The rights and remedies of the Parties shall be limited to those expressly provided in this CRA and its Appendices,including those in this Termination section. E. Additional Provisions. 1. No Waiver. No Party shall be construed to have waived any of its respective rights or interests in this CRA by a failure, in any instance,to have asserted,or made claim on,such right at the time such Party was entitled to assert the same. Waiver of any default or breach shall be deemed neither to be a waiver of any subsequent or other default or breach,nor a modification of the terms of this CRA unless stated to be such in writing,signed by Ecology, and attached to the original CRA. 2. Entire Agreement. This CRA and its Appendices(i.e.,Appendix A—Sample Acceptable Status Report,and Appendix B—Sample Invoice),together with subsequent amendments signed and agreed to by the Parties,constitute the entire CRA between the Parties. 3. No Modification. There shall be no modification,amendment,change,or alteration of this CRA recognized as valid and binding on the Parties hereto unless same shall be reflected in a written instrument executed by the Parties. 4. No Assignment. Neither this CRA,nor any claim arising under this CRA,shall be transferred or assigned by the Applicant without the prior written consent of Ecology. 5. No Effect on Legal Requirements or Processes. Nothing in this CRA shall be construed to limit Ecology from complying with its obligations under applicable laws or from considering public comments received in any environmental review or regulatory process. This CRA shall not be interpreted in any manner to predispose or predetermine the outcome of any application(s),permit,environmental review,or other legal process. 6. Indemnification. The Applicant shall defend,protect and hold harmless the State of Washington,Ecology,or any employees or contractors thereof,from and against all claims, suits or actions arising from the Applicant's acts which are libelous or slanderous,result in Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 12 of 16 injury to persons or their rights or property,violate a right of confidentiality,or use or reproduce material of any kind which constitutes an infringement of any copyright,patent, trademark or trade name. 7. Dispute Resolution. a. Except for disputes regarding decisions of Ecology on the Applicant's application(s),or any such senior application(s)which must be acted upon before the Applicant's,any dispute arising under this CRA shall be decided by the Ecology official signatory to this CRA,or other authorized official of Ecology,who shall reduce his/her decision to writing and furnish a signed copy to all Parties signatory to this CRA. The decision of the Ecology official signatory to this CRA,or other authorized official of Ecology,shall be the final and conclusive decision of Ecology unless,within thirty(30)days from the receipt of a copy of such decision,either Party signatory to this CRA submits in writing to the other Parties a notice of its intent to appeal the decision of Ecology to a dispute resolution board. In such cases,the written request to appeal to a dispute resolution board must state the disputed issue(s),state the relative positions of the Parties,and be sent to all Parties. Parties must provide a written response within seven(7) days. Once a Party requests a dispute resolution board,each Party shall designate a representative,except that Ecology may designate a number of representatives equal to the number designated by all other Parties combined. The representatives shall mutually select a third member(or an additional member for disputes involving more than two Parties). The costs of the third or additional member shall be jointly shared. The dispute resolution board shall evaluate the facts,CRA terms,applicable statutes and rules,and make a determination by majority vote. The decision of the dispute resolution board shall be final and binding on all Parties and shall be governed by Chapter 7.04A RCW. b. Review of any decision of Ecology pursuant to sub-section 7.a.above shall not be sought under Chapter 43.21B RCW. Any action or proceeding brought to enforce or to review any decision otherwise arising out of or relating to this CRA,unless excepted in sub- section Ta. above, shall be brought in the Superior Court of Thurston County. Pending final resolution of a dispute pursuant to this sub-section(i.e.,7.b.)the Parties shall proceed with the performance of this CRA in accordance with Ecology's final decision. 8. Governing Law. This CRA shall be governed by the laws of the State of Washington. The Applicant,by signing this CRA,acknowledges the jurisdiction of the courts of the State of Washington in this matter. 9. Severability.. No provision of this CRA is severable from any and all other provisions of this CRA. Should any provision or provisions of this CRA be unenforceable for any reason,the Party finding itself unable to enforce said provision(s)may,at its sole discretion,declare this entire CRA to be null and void. 10. Records. Ecology shall maintain a complete record of publicly discloseable documents(i.e., correspondence,invoices,quarterly reports,work products,agreements,etc.)for the benefit of any Party interested in securing access to such record. Ecology does not waive its right to withhold documents privileged or exempt from RCW 42.56. 11. Notice. Any notice given under the provisions of this CRA by either Party to the other shall be deemed properly given upon receipt if in writing and delivered by hand or registered or certified mail addressed to the Parties. Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 13 of 16 12. Counterparts. This CRA may be executed in any number of counterparts,and each executed counterpart shall have the same force and effect as an original instrument as if all of the Parties to the aggregate counterparts had signed the same instrument. APPENDIX A SAMPLE STATUS REPORT gTATg OF 4 r J n� Oti w�''✓1889 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia,WA 98504-7600•360-407-6000 711 for Washington Relay Service• Persons with a speech disability can call 877-833-6341 DATE TO: Applicant Project Manager FROM: Ecology Project Manager SUBJECT: Status Report on CRA Project No. 9R** The following provides a brief report on the status of activities occurring pursuant to your cost- reimbursement agreement with Ecology,and is intended to bring you up to current on the overall progress. ■ Looking Back—Activities Completed Since Last Status Update: ■ Looking Ahead—Activities Planned and Upcoming: ■ Problem Areas—Areas With Real(or Potential)Issues: If you have questions regarding this status update,please feel free to contact me. Thank you. Cc: Financial Manger File Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 14 of 16 APPENDIX B SAMPLE INVOICE Q - w s STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600• Olympia, WA 98504-7600 •360-407-6000 711 for Washington Relay Service•Persons with a speech disability can call 877-833-6341 INVOICE Date COMPANY NAME ADDRESS Agreement No. CITY, STATE ZIP Invoice No.: Invoice for Ecology Cost Reimbursement Agreement Project No through (Date) Cost to Less Previous Current Invoice Date Invoices Amount Salaries 0.00 0.00 0.00 Benefits 0.00 0.00 0.00 Indirect 0.00 0.00 0.00 Contracts 0.00 0.00 0.00 Goods & Services 0.00 0.00 0.00 Travel 0.00 0.00 0.00 Staff Replacement 0.00 0.00 0.00 TOTAL Please remit payment and a cony of this invoice by (Date)to: Department of Ecology Cashiering Unit PO Box 47611 Olympia,WA 98504-7611 If you have any questions or desire further information regarding the agreement contact(Project Manager) at(phone).If questions are regarding the billing please contact (Fiscal Contact) in Receivables at Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 15 of 16 (phone). FORAGENCY USE ONLY: Invoice No.: cc: Project Manager Financial Manager Washington State Department of Ecology Cost-Reimbursement Agreement(CRA) Page 16 of 16 KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES COMMUNITY DEVELOPMENT SERVICES—BOARD OF COUNTY COMMISSIONERS 2024 STUDY SESSION STAFF REPORT STUDY SESSION DATE: November 25, 2024 TOPIC: 2024 Annual Comprehensive Plan Docket Item #Is 2024-11 through 13 ACTION REQUESTED: Precursory Review of Comprehensive Plan Docket Item #'s 2024-11 through 13 LEAD STAFF: Jamey Ayling, CDS Planning Manager RECOMMENDATION: None BRIEFING SUMMARY: Update to provide an opportunity for the Board's precursory review and questions of staff on the remaining 2024 Annual Docketed Comprehensive Plan items(Docket Item#'s 2024-11 through 13) BACKGROUND: A public hearing was held on November 12, 2024, whereby the Planning Commission reviewed and made recommendations for Items 2024-11 & 12. The meeting was then continued specifically for item#2024-13, to be held December 3, 2024. DISCUSSION: None FISCAL IMPACTS: None ATTACHMENTS: Planning Commission Staff Reports Page 1 of 1 Community Development Services"Work Session Staff Report",2024 ��C�CppCS...TO Tqf CO`L KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES �0 "'e,9 411 N.Ruby St.,Suite 2,Ellensburg,WA 98926 CDS @CQ.KITTITAS.WA.US Office(509)962-7506 "Building Partnerships—Building Communities" Fax(509)962-7682 K1 ITAS COUNTY STAFF REPORT Spring Tree Ranch Non-Project Rezone(CP-24-00002& RZ-24-00002)—Docket Item 24-11 I. GENERAL INFORMATION Requested Action: Spring Tree Ranch,LLC is proposing to rezone their 3 parcels, equaling 27.27 acres,currently zoned Agriculture 5 to Planned Unit Development. The rezone will allow the current use of the property to be consistent and compatible with the zoning code, as well as allow future expansion of existing uses.A comprehensive plan amendment(CP-24-00002),rezone application(RZ-24-00002), and SEPA checklist were submitted as part of the application packet. Subsequently the project was revised and reduced to 22.27 acres on September 20,2024.This project is being processed through the 2024 Annual Comprehensive Plan Docket process. Location: Tax Parcel numbers 376334,386334,396334 located at 1890 Nelson Siding Road, in Section 27, Township 20,Range 14 in Kittitas County. II. SITE INFORMATION Total Proposal Size: 22.27 acres Number of Lots: 3 Domestic Water: None requested/proposed at this time. Sewage Disposal: None requested/proposed at this time. Fire Protection: Fire District 7(Cle Elum) Irrigation District: KRD Site Characteristics: The site is currently developed with equestrian facilities and a few homesites. Surrounding Property: North: Residential/Agricultural South: Forest Land/KRD Canal East: A Few Residential Lots West: Residential/Agricultural Access: The proposal is accessed of Nelson Siding Road., Zoning and Development Standards: The subject property is currently located within Agricultural 5 zoning. Planned Unit Development zoning is being requested for the properties. The purpose and intent of the Agricultural 5 zone is to provide for an area where various agricultural activities and low-density residential developments co-exist compatibly.A-5 zones are predominately agricultural-oriented lands and it is not the intent of this section to impose further restrictions on continued agricultural activities therein. PUD has a requirement to not exceed the underlying density lot size while Agriculture 5 has a 5-acre minimum lot size. Both zones have the same building setbacks(Front and Rear Yards: 25 feet, Side Yard: 5 feet). III. ADMINISTRATIVE REVIEW 1 Complete Annual Comprehensive Plan Docket Application: Application for a comprehensive plan map amendment,rezone from Agricultural 5 to PUD, and SEPA environmental checklist was received on June 28, 2024. This submittal packet was received prior to the June 30'h docketing deadline. The application was deemed complete on July 28,2024. A Notice of Application was issued on August 15, 2024. These notices were published in the official county paper of record and were mailed to jurisdictional government agencies,adjacent property owners within 500 feet and other interested parties. IV. COMPREHENSIVE PLAN The current land use designation is Rural Working. The proposed land use designation is Rural Residential. Under the 2021 Comprehensive Plan,Kittitas County has established the following goals and policies to guide future development through a 20-year planning window. These goals and policies were developed in an effort to ensure consistency and coordination with County Wide Planning Policies: RR-G16:Allow for residential opportunity with rural character and a variety of densities outside UGAs without population expecting all urban services. RR-G18:Designate areas where lots are generally less than 10 acres in size and have a common land use Pattern. RR-P10:Allow for a variety of rural densities which maintain and recognize rural character,agricultural activities,rural community and development patterns,open spaces and recreational opportunities. RR-P11: Only allow comprehensive plan amendments,rezones,bonus densities,and other measures that increase rural densities where adequate supplies of potable water are available that will not adversely affect surface and ground water and agriculture. RR-P32: Residential uses,where permitted, shall be located where farming and forestry activities and opportunities are not negatively impacted. V. REZONE CRITERIA The following criteria must be met per KCC 17.98.020.6(a-h). a) The proposed amendment is compatible with the comprehensive plan; and b) The proposed amendment bears a substantial relation to the public health,safety or welfare; and c) The proposed amendment has merit and value for Kittitas County or a sub-area of the county;and d) The proposed amendment is appropriate because of changed circumstances or because of a need for additional property in the proposed zone or because the proposed zone is appropriate for reasonable development of the subject property; and e) The subject property is suitable for development in general conformance with zoning standards for the proposed zone;and f) The proposed amendment will not be materially detrimental to the use of properties in the immediate vicinity of the subject property; and g) The proposed change in use of the subject property shall not adversely impact irrigation water deliveries to other properties; and h) The proposed amendment is in full compliance with KCC 17.13 Transfer of Development Rights. The staff response to the above criteria can be found below: 2 a) The proposed amendment is compatible with the comprehensive plan. Staff Response: This project proposes to bring its property into conformance with the surrounding properties and the existing density and parcel sizes. The requested zone change is compatible with the County's Comprehensive Plan. b) The proposed amendment bears a substantial relation to the public health,safety or welfare. Staff Response: This amendment will not be detrimental to the health,safety, or welfare of the public. The proposed rezone is in compliance with the PUD zone which is part of the adopted Kittitas County Code that was specifically adopted to ensure that the public health safety and welfare is protected. c) The proposed amendment has merit and value for Kittitas County or a sub-area of the county. Staff Response: The proposed amendment will direct residential growth to an area with adequate water as demonstrated by the applicant. The current proposal encourages the continued equestrian and farming practices,therefore,this proposal will not have a negative impact on preserving agricultural lands. d) The proposed amendment is appropriate because of changed circumstances or because of a need for additional property in the proposed zone or because the proposed zone is appropriate for reasonable development of the subject property. Staff Response: The proposed rezone is appropriate for reasonable development of the subject property. This rezone to PUD will make the property more conforming to the existing density and parcel sizes and to the adjacent properties which are already zoned Ag 5. The applicant intends to preserve this property as a family compound and equestrian center compatible with the near by Washington State Horse Park. e) The subject property is suitable for development in general conformance with zoning standards for the proposed zone. Staff Response: The existing zoning designation is Ag 5 and the proposed zoning designation is PUD. This proposed zone change will bring the current density and parcel sizes of the property into conformance with Kittitas County zoning standards. f) The proposed amendment will not be materially detrimental to the use of properties in the immediate vicinity of the subject property. Staff Response: The proposed amendment will not be materially detrimental to the properties in the immediate vicinity of the subject property and is compatible with the existing uses in the area. g) The proposed changes in use of the subject property shall not adversely impact irrigation water deliveries to other properties. Staff Response: The proposal is located within the KRD irrigation district. Irrigation will not be impacted. h) The proposed amendment is in full compliance with KCC 17.13 Transfer of Development Rights. Staff Response: This rezone does not involve Transfer of Development Rights and as such is in full compliance with KCC 17.13 Transfer of Development Rights. 3 V. ENVIRONMENTAL REVIEW Based upon review of the submitted application materials including an environmental checklist, correspondence received during this comment period and other information on file with Community Development Services, Kittitas County issued a Determination of Non-Significance(DNS)on August 15,2024 with a 14-day comment period that ended on September 13,2024 at 5:00 p.m. comments were submitted for the SEPA DNS and Kittitas County amended and issued an MDNS on October 16,2024. The appeal period ended on October 31,2024 and no appeals were submitted. VI. AGENCY AND PUBLIC COMMENTS Applicable agencies,adjacent property owners,and interested parties have been given the opportunity to review this proposal. All comments are on file and available for public review. The following parties provided substantive comments during the comment period: Agency Comments: Department of Health,Snoqualmie Tribe,Kittitas PUD,Kittitas County Public Health,DNR, DOE,Kittitas County Public Works,WDFW,DAHP,and Colville Tribe. Washington Department of Health DOH commented before the proposal was revised discussing water systems for 8 or more residences being a DOE project. The project has been revised and the comments are no longer applicable. Snoqualmie Tribe: Snoqualmie Tribe stated that they had no substantive comments on the project but reserve the right to modify their position. Kittitas PUD PUD stated they do not have facilities in the area. Kittitas County Public Health(KCPH): KCPH stated that they had no comments or concerns with the application. Kittitas County Public Works: Kittitas County Public Works states A concurrency evaluation and determination shall be required for all development applications in which the proposed development is projected to have an impact upon the transportation corridor or intersection.Developments generating 41 or fewer daily trips are exempt from TIA and concurrency evaluation requirements. (KCC 12.04.02.020)they also mentioned that water mitigation will be required for the new residences and the existing second connection to the well at 1890 Nelson Siding Road. Washington Department of Ecology: DOE stated the project is located within the boundaries of WAC 173-539A,so it may be subject to the rule. Washington Department of Fish and Wildlife: WDFW provided comments about the critical areas repoprt that was completed on the property but didn't cover the entire project boundaries.Also requested was a site visit with WDFW to clear up the fish screening issue on Little Creek irrigation ditch. Department of Archeology and Historic Preservation: DAHP stated they didn't understand the project and could not decipher any ground disturbance. 4 Colville Tribe: CCT requests a cultural resource survey and that during implementation that there be an inadvertent discovery plan or(IDP)in place to ensure compliance with all Section 106 and relevant cultural resource laws both federally and to the state of Washington. Public Comments:one neighbor provided direct comments and a number of neighbors signed a petition. VII. PROJECT ANALYSIS In review of this proposal it is important to consider the goals and policies of the comprehensive plan,applicable county code,public and agency comments,any identified environmental concerns and state and federal requirements. Identified below is planning staff s analysis and consistency review for the subject application. Comprehensive Plan Consistency: The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section IV of this staff report,the following Comprehensive Plan goals and policies apply to this proposal:RR-G16,RR-GI 8,RR-P10,RR-PI 1,and RR-P32. Consistency with the provisions of KCC Title 12 Roads and Bridges: This proposal is for a non-project rezone,therefore there will be no impact on existing infrastructure. The proposal is consistent with the provisions of KCC Title 12. Consistency with the provisions of KCC 13 Water and Sewers Code: This proposal is for a non-project rezone,therefore there will be no impact on existing infrastructure.The proposal is consistent with the provisions of KCC Title 13. Consistency with the provisions of KCC Title 14 Buildings and Construction: As this is a non-project rezone and comprehensive plan request,no building or construction is being requested by this action. This proposal is consistent with Kittitas County Code Title 14 for Building and Construction. Consistency with the provisions of KCC 17A Critical Areas Code: As this is a non-project specific rezone no critical areas will be affected. Future activities and/or development will be required to comply with all regulations at the time of the new proposal and the critical areas will be assessed at that time. Consistency with the provisions of KCC 20 Fire and Life Safety Code: As this is a non-project rezone this proposal is consistent with the Kittitas County Code for Fire Life Safety. Agency Comments: Comments were received from Department of Health, Snoqualmie Tribe,Kittitas PUD,Kittitas County Public Health, DNR,DOE,Kittitas County Public Works,WDFW,DAHP,and Colville Tribe Public Comments: Roger Olsen provided direct comments and a number of neighbors signed a petition. VIII. RECOMMENDATION Staff recommends approval of the Spring Tree Ranch Non-project Rezone(CP-24-00002 &RZ-24-00002) subject to the following findings of fact and conditions: Findings of Fact 5 1. Spring Tree Ranch,LLC is proposing to rezone their 3 parcels,equaling 22.27 acres,currently zoned Agriculture 5 to PUD.The rezone will allow the current use of the property to be consistent and compatible with the zoning code,as well as allow future expansion of existing uses.A comprehensive plan amendment(CP-24-00002),rezone application(RZ-24-00002),and SEPA checklist were submitted as part of the application packet. Subsequently the project was revised and reduced to 22.27 acres on September 20,2024. This project is being processed through the 2024 Annual Comprehensive Plan Docket process. 2. This proposal includes Tax Parcel numbers 376334,386334, 396334 located at 1890 Nelson Siding Road, in Section 27,Township 20,Range 14 in Kittitas County. Total Proposal Size: 22.27 acres Number of Lots: 3 Domestic Water: None requested/proposed at this time. Sewage Disposal: None requested/proposed at this time. Fire Protection: Fire District 7(Cle Elum) Irrigation District: KRD 3. Site Characteristics: The site is currently developed with equestrian facilities and a few homesites. 4. Surrounding Property: North: Residential/Agricultural South: Forest Land/KRD Canal East: A Few Residential Lots West: Residential/Agricultural Access: The proposal is accessed off Nelson Siding Road. 5. The Comprehensive Plan designation is Rural Residential. The subject property is currently located within Agricultural 5 zoning.Planned Unit Development zoning is being requested for the properties. The purpose and intent of the Agricultural 5 zone is to provide for an area where various agricultural activities and low-density residential developments co-exist compatibly.A-5 zones are predominately agricultural-oriented lands and it is not the intent of this section to impose further restrictions on continued agricultural activities therein. PUD has a requirement to not exceed the underlying density lot size while Agriculture 5 has a 5-acre minimum lot size.Both zones have the same building setbacks(Front and Rear Yards:25 feet,Side Yard: 5 feet). 6. Application for a comprehensive plan map amendment,rezone from Agricultural 5 to PUD,and SEPA environmental checklist was received on June 28,2024. This submittal packet was received prior to the June 30th docketing deadline. The application was deemed complete on July 28,2024. A Notice of Application was issued on August 15,2024.These notices were published in the official county paper of record and were mailed to jurisdictional government agencies,adjacent property owners within 500 feet and other interested parties. Based upon review of the submitted application materials including an environmental checklist, correspondence received during this comment period and other information on file with Community Development Services,Kittitas County issued a Determination of Non-Significance(DNS)on August 15, 6 2024 with a 14-day comment period that ended on September 13, 2024 at 5:00 p.m. comments were submitted for the SEPA DNS and Kittitas County amended and issued an MDNS on October 16, 2024. The appeal period ended on October 31,2024 and no appeals were submitted. 7. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section IV of this staff report,the following Comprehensive Plan goals and policies apply to this proposal: RR-G16, RR-GI 8,RR-P10, RR-P11, and RR-P32. 8. This proposal is consistent with the provisions of Kittitas County Roads and Bridges Title 12. 9. This proposal is consistent with the provisions of KCC 13 Water and Sewers Code. 10. This proposal is consistent with Kittitas County Code Title 14 for Building and Construction. 11. This proposal is consistent with the Kittitas County Zoning Code Title 17. 12. This proposal is consistent with Kittitas County Code Title 17A Critical Areas. 13. This proposal is consistent with Kittitas County Code Title 20 Fire Life Safety. 14. Comments were received from Department of Health,Snoqualmie Tribe,Kittitas PUD,Kittitas County Public Health, DNR,DOE,Kittitas County Public Works,WDFW,DAHP, and Colville Tribe. 15. One public comment and one neighborhood petition were received. Suggested Conclusions: 1. As conditioned,the proposal meets the goals,policies and implementation recommendations as set forth in the Kittitas County Comprehensive Plan. 2. As conditioned,this proposal is consistent with applicable federal and state laws and regulations. 3. Public use and interest will be served by approval of this proposal. 4. As conditioned,the proposal is consistent with Kittitas County Code Title 12 Roads and Bridges,Title 13 Water and Sewer, Title 14 Building and Construction,Title 15 Environmental Policy, Title 17 Zoning, Title 17A Critical Areas,and Title 20 Fire Life Safety. Suggested Conditions of Approval: 1. The applicant is responsible for compliance with all applicable local,state and federal rules and regulations, and must obtain all appropriate permits and approvals. 7 ��CPSCADflS TOTRE KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES / M°, 411 N.Ruby St.,Suite 2,Ellensburg,WA 98926 CDS@CO.KITTITAS.WA.US Office(509)962-7506 "Building Partnerships—Building Communities" Fax(509)962-7682 KITTITAS COUNTY STAFF REPORT Flying A Land Non-Project Rezone(CP-24-00003&RZ-24-00003)—Docket Item 24-12 I. GENERAL INFORMATION Requested Action: Flying A Land LLC is proposing to rezone their 9 parcels,equaling 91 acres, currently zoned Agriculture 5 to Planned Unit Development to match adjacent properties. The rezone will allow the current use of the property to be consistent and compatible with the zoning code, as well as allow future expansion of existing uses.A comprehensive plan amendment(CP-24-00003),rezone application(RZ-24-00003), and SEPA checklist were submitted as part of the application packet. This project was revised on October 10,2024 to reduce the project size. This project is being processed through the 2024 Annual Comprehensive Plan Docket process. Location: Tax Parcel numbers 962342,962343,962346, 12133, 958408,094834,956817, 956816,956822 located south of Game Farm Road,0.5 miles east of Wilson Creek Road 0.5 miles west of Vantage Highway, in Section 32, Township 18,Range 19 in Kittitas County. II. SITE INFORMATION Total Proposal Size: 91 acres Number of Lots: 9 Domestic Water: None requested/proposed at this time. Sewage Disposal: None requested/proposed at this time. Fire Protection: Fire District 2(Kittitas Valley Fire&Rescue) Irrigation District: KRD Site Characteristics: The site is mostly undeveloped agricultural land. Surrounding Property: North: Residential/Agricultural South: A Few Commercial Uses/Fanning East: A Few Residential Lots/Vacant Land West: Farming Uses Access: The proposal has multiple access points: Mission View Dr.and Game Farm Rd., History of Zoning:These parcels were zoned Rural 3 prior to 2013. In 2013,they were rezoned to Agriculture 20 as part of the compliance effort with the mandated court order from the 2011 State Supreme Court case Kittitas County v. E. Washington Growth Management Hearings Board. This effort was to help in preserving rural character.In 2022 The parcels were rezoned form Ag-20 to Ag-5. Zoning and Development Standards: The subject property is currently located within Agricultural 5 zoning. Planned Unit Development zoning is being requested for the properties. The purpose and intent of the Agricultural 5 zone is to provide for an area where various agricultural activities and low-density residential developments co-exist compatibly.A-5 zones are predominately agricultural-oriented lands and it is not the intent of this section to impose further restrictions on continued agricultural activities therein. I PUD has a requirement to not exceed the underlying density lot size while Agriculture 5 has a 5-acre minimum lot size.many of the 9 lots proposed in this rezone are already below 5 acres in size.Both zones have the same building setbacks(Front and Rear Yards: 25 feet, Side Yard: 5 feet). III. ADMINISTRATIVE REVIEW Complete Annual Comprehensive Plan Docket Application: Application for a comprehensive plan map amendment,rezone from Agricultural 5 to PUD, and SEPA environmental checklist was received on June 28, 2024. This submittal packet was received prior to the June 30'docketing deadline. The application was deemed complete on July 28,2024. A Notice of Application was issued on August 15,2024. These notices were published in the official county paper of record and were mailed to jurisdictional government agencies,adjacent property owners within 500 feet and other interested parties. IV. COMPREHENSIVE PLAN The current land use designation is Rural Working. The proposed land use designation is Rural Residential. Under the 2021 Comprehensive Plan,Kittitas County has established the following goals and policies to guide future development through a 20-year planning window. These goals and policies were developed in an effort to ensure consistency and coordination with County Wide Planning Policies: RR-G16:Allow for residential opportunity with rural character and a variety of densities outside UGAs without population expecting all urban services. RR-G18:Designate areas where lots are generally less than 10 acres in size and have a common land use Pattern. RR-P10:Allow for a variety of rural densities which maintain and recognize rural character,agricultural activities,rural community and development patterns,open spaces and recreational opportunities. RR-P11: Only allow comprehensive plan amendments,rezones,bonus densities,and other measures that increase rural densities where adequate supplies of potable water are available that will not adversely affect surface and ground water and agriculture. RR-P32: Residential uses,where permitted, shall be located where farming and forestry activities and opportunities are not negatively impacted. V. REZONE CRITERIA The following criteria must be met per KCC 17.98.020.6 (a-h). a) The proposed amendment is compatible with the comprehensive plan; and b) The proposed amendment bears a substantial relation to the public health,safety or welfare;and c) The proposed amendment has merit and value for Kittitas County or a sub-area of the county;and d) The proposed amendment is appropriate because of changed circumstances or because of a need for additional property in the proposed zone or because the proposed zone is appropriate for reasonable development of the subject property; and e) The subject property is suitable for development in general conformance with zoning standards for the proposed zone;and f) The proposed amendment will not be materially detrimental to the use of properties in the immediate 2 vicinity of the subject property; and g) The proposed change in use of the subject property shall not adversely impact irrigation water deliveries to other properties;and h) The proposed amendment is in full compliance with KCC 17.13 Transfer of Development Rights. The staff response to the above criteria can be found below: a) The proposed amendment is compatible with the comprehensive plan. Staff Response: This project proposes to bring its property into conformance with the surrounding properties and the existing density and parcel sizes. The requested zone change is compatible with the County's Comprehensive Plan. b) The proposed amendment bears a substantial relation to the public health,safety or welfare. Staff Response: This amendment will not be detrimental to the health,safety, or welfare of the public. The proposed rezone will facilitate the public health utilizing an existing water system and welfare by offering more housing options closer to city amenities. c) The proposed amendment has merit and value for Kittitas County or a sub-area of the county. Staff Response: The proposed amendment will direct residential growth away from Shoreline and associated wetlands. The current density and size of the parcels is not conducive to farming practices, therefore,this proposal will not have a negative impact on preserving agricultural lands. d) The proposed amendment is appropriate because of changed circumstances or because of a need for additional property in the proposed zone or because the proposed zone is appropriate for reasonable development of the subject property. Staff Response: The proposed rezone is appropriate for reasonable development of the subject property. This rezone to PUD will make the property more conforming to the existing density and parcel sizes and to the adjacent properties on west which are already zoned Ag 5. The properties to the north are zoned Ag 20 but were split up into one-acre parcels and developed before the zoning change in 2013. e) The subject property is suitable for development in general conformance with zoning standards for the proposed zone. Staff Response: The existing zoning designation is Ag 5 and the proposed zoning designation is PUD. This proposed zone change will bring the current density and parcel sizes of the property into conformance with Kittitas County zoning standards. f) The proposed amendment will not be materially detrimental to the use of properties in the immediate vicinity of the subject property. Staff Response: The proposed amendment will not be materially detrimental to the properties in the immediate vicinity of the subject property and is compatible with the existing uses in the area. g) The proposed changes in use of the subject property shall not adversely impact irrigation water deliveries to other properties. Staff Response: The proposal is located within the KRD irrigation district. Irrigation will not be 3 impacted. h) The proposed amendment is in full compliance with KCC 17.13 Transfer of Development Rights. Staff Response: This rezone does not involve Transfer of Development Rights and as such is in full compliance with KCC 17.13 Transfer of Development Rights. V. ENVIRONMENTAL REVIEW Based upon review of the submitted application materials including an environmental checklist, correspondence received during this comment period and other information on file with Community Development Services, Kittitas County issued a Determination of Non-Significance(DNS)on August 15,2024 with a 14-day comment period that ended on September 13, 2024 at 5:00 p.m.comments were submitted for the SEPA DNS and Kittitas County retained the DNS on October 23, 2024.Any appeals of SEPA must be submitted by November 6,2024 by 5 PM.No appeals have been filed as of time of writing. VI. AGENCY AND PUBLIC COMMENTS Applicable agencies,adjacent property owners, and interested parties have been given the opportunity to review this proposal. All comments are on file and available for public review. The following parties provided substantive comments during the comment period: Agency Comments: Department of Health, Snoqualmie Tribe,Kittitas PUD, Kittitas County Public Health, Kittitas County Public Works,WDFW,DAHP, Colville Tribe, and Kittitas Valley Fire and Rescue(KVFR). Snoqualmie Tribe: Snoqualmie Tribe stated that they had no substantive comments on the project but reserve the right to modify their position. Kittitas PUD PUD stated they do have facilities in the area and that the applicant contact them for power requirements and services. Kittitas County Public Health (KCPH): KCPH stated that they had no comments or concerns with the application. Kittitas County Public Works: Kittitas County Public Works states that a portion of parcel 956825 is located withing the 100 year flood plain and any future development should remain outside of the floodplain to reduce risk and avoid mandatory flood insurance requirements. They also commented that all activities within the floodplain must be permitted the floodplain development permit process in accordance with KCC 14.08.A concurrency evaluation and determination shall be required for all development applications in which the proposed development is projected to have an impact upon the transportation corridor or intersection. Developments generating 41 or fewer daily trips are exempt from TIA and concurrency evaluation requirements.(KCC 12.04.02.020) Washington Department of Fish and Wildlife: WDFW provided comments about the presence of Naneum Creek and frequently flooded areas on the eastern side of this proposal. Kittitas Valley Fire&Rescue (KVFR): 4 KVFR commented on fire apparatus access roads that have to meet International Fire Code(IFC)and water supply meeting Kittitas County requirements. Department of Archeology and Historic Preservation: DAHP recommended that a professional archeological survey be conducted and a report produced prior to ground disturbing activities. Colville ?Tribe: CCT requests a cultural resource survey and that during implementation that there be an inadvertent discovery plan or(IDP)in place to ensure compliance with all Section 106 and relevant cultural resource laws both federally and to the state of Washington. Public Comments:Three neighbors provided direct comments and a number of neighbors signed a petition. VII. PROJECT ANALYSIS In review of this proposal it is important to consider the goals and policies of the comprehensive plan,applicable county code,public and agency comments,any identified environmental concerns and state and federal requirements. Identified below is planning staff s analysis and consistency review for the subject application. Comprehensive Plan Consistency: The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section IV of this staff report,the following Comprehensive Plan goals and policies apply to this proposal: RR-G16,RR-G18,RR-P10,RR-PI 1,and RR-P32. Consistency with the provisions of KCC Title 12 Roads and Bridges: This proposal is for a non-project rezone,therefore there will be no impact on existing infrastructure. The proposal is consistent with the provisions of KCC Title 12. Consistency with the provisions of KCC 13 Water and Sewers Code: This proposal is for a non-project rezone,therefore there will be no impact on existing infrastructure.The proposal is consistent with the provisions of KCC Title 13. Consistency with the provisions of KCC Title 14 Buildings and Construction: As this is a non-project rezone and comprehensive plan request,no building or construction is being requested by this action. This proposal is consistent with Kittitas County Code Title 14 for Building and Construction. Consistency with the provisions of KCC 17A Critical Areas Code: As this is a non-project specific rezone no critical areas will be affected. Future activities and/or development will be required to comply with all regulations at the time of the new proposal and the critical areas will be assessed at that time. Consistency with the provisions of KCC 20 Fire and Life Safety Code: As this is a non-project rezone this proposal is consistent with the Kittitas County Code for Fire Life Safety. A ee cy Comments: Comments were received from Department of Health,Snoqualmie Tribe,Kittitas PUD,Kittitas County Public Health,Kittitas County Public Works,WDFW,DAHP,Colville Tribe, and Kittitas Valley Fire and Rescue (KVFR). Public Comments: Jennifer Parsley,Dustin Millet,and Kathleen Sanik provided direct comments and a number of neighbors signed 5 a petition. VIII. RECOMMENDATION Staff recommends approval of the Flying A Land Non-project Rezone(CP-24-00003 &RZ-24-00003)subject to the following findings of fact and conditions: Findings of Fact 1. Flying A Land LLC is proposing to rezone their 9 parcels,equaling 91 acres,currently zoned Agriculture 5 to PUD. The rezone will allow the current use of the property to be consistent and compatible with the zoning code,as well as allow future expansion of existing uses.A comprehensive plan amendment(CP- 24-00003),rezone application(RZ-24-00003),and SEPA checklist were submitted as part of the application packet.This project was revised on October 10,2024 to reduce the project size. This project is being processed through the 2024 Annual Comprehensive Plan Docket process. 2. This proposal includes Tax Parcel numbers 962342,962343,962346, 12133,958408, 094834,956817, 956816, 956822 located south of Game Farm Road,0.5 miles east of Wilson Creek Road 0.5 miles west of Vantage Highway,in Section 32,Township 18,Range 19 in Kittitas County. Total Proposal Size: 91 acres Number of Lots: 9 Domestic Water: None requested/proposed at this time. Sewage Disposal: None requested/proposed at this time. Fire Protection: Fire District 2(Kittitas Valley Fire&Rescue) Irrigation District: KRD 3. Site Characteristics: The site is mostly undeveloped agricultural land. 4. Surrounding Property: North: Residential/Agricultural South: A Few Commercial Uses/Farming East: A Few Residential Lots/Vacant Land West: Farming Uses Access: The proposal has multiple access points: Mission View Dr.,Game Farm Rd., and Game Bird Loop. 5. The Comprehensive Plan designation is Rural Residential. The subject property is currently located within Agricultural 5 zoning.Planned Unit Development zoning is being requested for the properties. The purpose and intent of the Agricultural 5 zone is to provide for an area where various agricultural activities and low-density residential developments co-exist compatibly.A-5 zones are predominately agricultural-oriented lands and it is not the intent of this section to impose further restrictions on continued agricultural activities therein. PUD has a requirement to not exceed the underlying density lot size while Agriculture 5 has a 5-acre minimum lot size.many of the 9 lots proposed in this rezone are already below 5 acres in size.Both zones have the same building setbacks(Front and Rear Yards: 25 feet, Side Yard: 5 feet). 6 6. Application for a comprehensive plan map amendment,rezone from Agricultural 5 to PUD, and SEPA environmental checklist was received on June 28,2024. This submittal packet was received prior to the June 30th docketing deadline. The application was deemed complete on July 28,2024. A Notice of Application was issued on August 15,2024.These notices were published in the official county paper of record and were mailed to jurisdictional government agencies,adjacent property owners within 500 feet and other interested parties. Based upon review of the submitted application materials including an environmental checklist, correspondence received during this comment period and other information on file with Community Development Services,Kittitas County issued a Determination of Non-Significance(DNS)on August 15, 2024 with a 14-day comment period that ended on September 13,2024 at 5:00 p.m. comments were submitted for the SEPA DNS and Kittitas County retained the DNS on October 23, 2024.Any appeals of SEPA must be submitted by November 6,2024 by 5 PM.No appeals have been filed as of time of writing. 7. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section IV of this staff report,the following Comprehensive Plan goals and policies apply to this proposal: RR-G16,RR-G18,RR-P10,RR-P11, and RR-P32. 8. This proposal is consistent with the provisions of Kittitas County Roads and Bridges Title 12. 9. This proposal is consistent with the provisions of KCC 13 Water and Sewers Code. 10. This proposal is consistent with Kittitas County Code Title 14 for Building and Construction. 11. This proposal is consistent with the Kittitas County Zoning Code Title 17. 12. This proposal is consistent with Kittitas County Code Title 17A Critical Areas. 13. This proposal is consistent with Kittitas County Code Title 20 Fire Life Safety. 14. Comments were received from Department of Health, Snoqualmie Tribe,Kittitas PUD,Kittitas County Public Health, Kittitas County Public Works,WDFW,DAHP,Colville Tribe, and Kittitas Valley Fire and Rescue(KVFR). 15. Three public comments and one neighborhood petition were received. Suggested Conclusions: 1. As conditioned,the proposal meets the goals,policies and implementation recommendations as set forth in the Kittitas County Comprehensive Plan. 2. As conditioned,this proposal is consistent with applicable federal and state laws and regulations. 3. Public use and interest will be served by approval of this proposal. 4. As conditioned,the proposal is consistent with Kittitas County Code Title 12 Roads and Bridges,Title 13 Water and Sewer, Title 14 Building and Construction,Title 15 Environmental Policy, Title 17 Zoning, Title 17A Critical Areas,and Title 20 Fire Life Safety. Suggested Conditions of Approval: 7 1. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations,and must obtain all appropriate permits and approvals. 8 GRnhS 7b TNf C°(G KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES 411 N.Ruby St.,Suite 2,Ellensburg,WA 98926 CDS@CO.KITTITAS.WA.US Office(509)962-7506 "Building Partnerships—Building Communities" Fax(509)962-7682 KMffASCMNW STAFF REPORT Gibson Non-Project Rezone(RZ-24-00001)—Docket Item 2024-13 I. GENERAL INFORMATION Requested Action: Kristin Gibson,is proposing a rezone to one parcel(280533)currently zoned Agriculture 20 with a Rural Working Land Use,rezoned to Forest and Range zoning. The rezone will remain consistent and compatible with the zoning code of rural recreation,as well as allow future expansion of existing uses.A comprehensive plan amendment rezone(RZ-24-00001),and SEPA checklist were submitted as part of the application packet.This project is being processed through the 2024 Annual Comprehensive Plan Docket process. Location: Tax parcel 280533,located on Parke Creek Road north of Vantage Hwy Section 8,T.17N,R.20E, W.M.;Kittitas County parcel map numbers 17-20-08010-0006. II. SITE INFORMATION Total Proposal Size: approximately 42.4 acres Number of Lots: 1 Domestic Water: None requested/proposed at this time. Sewage Disposal: None requested/proposed at this time. Fire Protection: Kittitas Valley Fire District#2 Irrigation District: Kittitas Reclamation District Site Characteristics: The site is an active gravel pit and vacant land. Surrounding Property: North: Quilomene Wildlife Area South: Sparse residential,larger parcels of farmland East: Vacant sageland . West: Sage land and sparse residential development Access: The proposal has access from Parke Creek Road. Zoning and Development Standards: The subject property is currently zoned Agriculture 20 with a Rural Working Land Use.The application is to amend the zoning to Forest and Range.A primary goal and intent in siting F&R zones will be to promote areas of Kittitas County wherein natural resource management is the highest priority and where the subdivision and development of lands for uses and activities incompatible with resource management are discouraged. The proposed rezone has the potential to allow for future recreational/residential/resource activity consistent with surrounding properties. III. ADMINISTRATIVE REVIEW Complete Annual Comprehensive Plan Docket Application: Application for a comprehensive plan map amendment,rezone from Rural Working Land Use and Agriculture 20 Zoning to Rural working land use,Forest and Range Zoning,and SEPA environmental checklist was received on June 28,2024. This submittal packet was received prior to the June 30'docketing deadline. The application was deemed complete on July 26,2024. A 1 Notice of Application was issued on August 15,2024. These notices were published in the official county paper of record and were mailed to jurisdictional government agencies, adjacent property owners within 500 feet and other interested parties. IV. COMPREHENSIVE PLAN The current land use designation is Rural Working. The proposed land use designation is Rural Working. Under the 2021 Comprehensive Plan,Kittitas County has established the following goals and policies to guide future development through a 20-year planning window. These goals and policies were developed in an effort to ensure consistency and coordination with County Wide Planning Policies: RR-G22: Provide preservation of agriculture activities where producers can live and work on their own lands separate from Resource Lands. RR-G23: Support the continuation,whenever possible,of agriculture,timber and mineral uses on lands not designated for long-term commercial significance. RR-G24:Provide some buffer between rural residential lands and resource lands. RR-G25:Provide areas of low intensity land use activities within the agriculture and forest activities V. REZONE CRITERIA The following criteria must be met per KCC 17.98.020.6(a-h). a) The proposed amendment is compatible with the comprehensive plan; and b) The proposed amendment bears a substantial relation to the public health,safety or welfare;and c) The proposed amendment has merit and value for Kittitas County or a sub-area of the county;and d) The proposed amendment is appropriate because of changed circumstances or because of a need for additional property in the proposed zone or because the proposed zone is appropriate for reasonable development of the subject property; and e) The subject property is suitable for development in general conformance with zoning standards for the proposed zone; and f) The proposed amendment will not be materially detrimental to the use of properties in the immediate vicinity of the subject property; and g) The proposed change in use of the subject property shall not adversely impact irrigation water deliveries to other properties;and h) The proposed amendment is in full compliance with KCC 17.13 Transfer of Development Rights. The applicant's and staff response to the above criteria can be found below: a) The proposed amendment is compatible with the comprehensive plan. Applicants Response: "The proposed amendment is compatible with the Comprehensive Plan. The proposed amendment is compatible with the comprehensive plan as the land use designation is currently listed as rural working. The Rural working designation has two zoning options:Agriculture 20 and Forest and Range. The review for the compatibility of these zones was done when the land use designation was originally set. The rezone would therefore comply with the comprehensive Plan. 2 Staff Response: This project proposes to change only the Zoning designation which is compatible with the County's Comprehensive Plan.Both Ag-20 and Forest&Range are listed as compatible uses in the Rural Working Land Use Section. f b) The proposed amendment bears a substantial relation to the public health, safety or welfare. Applicants Response: "The suitability of the Rural Working land use designation for due consideration of public health, safety and welfare was already considered and approved when this land use designation was originally approved for the subject site. Additionally, any future permits would be reviewed for impacts and/or mitigation measures under the applicable regulations in effect at the time of the permit action.At this time, the review for due regard to public health, safety, and welfare would be reviewed as it relates to any specific proposal. Staff Response: This amendment will not be detrimental to the health, safety, or welfare of the public as the proposal is currently a non-project specific application. Of the Allowed potential uses listed in the allowed use table for the Forest and range zone they are similar to the previously permitted mining activity that will not pose a health safety or welfare concern. The property is located in the vicinity of a wide array of outdoor recreational opportunities. c) The proposed amendment has merit and value for Kittitas County or a sub-area of the county. Applicants Response: "Individual properties best support the community when they can develop in a manner appropriate for the natural conditions instead of pursuing significant alteration that would have a greater likelihood of disrupting or impacting the natural environment and surrounding properties, and therefore impacting the rural lifestyle the Comprehensive Plan strives to protect. Staff Response: CDS staff recognizes the value and merit of changing the zoning to allow a use consistent with the physical use of the property which has previously been permitted by conditional use. The area is sparsely populated and fits the character of the area. d) The proposed amendment is appropriate because of changed circumstances or because of a need for additional property in the proposed zone or because the proposed zone is appropriate for reasonable development of the subject property. Applicants Response: "The proposed amendment is appropriate because the proposed zone is appropriate for reasonable development of the subject property. The subject site does not have water rights or water service. The soils on the site are course gravelly, and are not suitable for farming or grazing. Staff Response: CDS staff finds that the proposal is appropriate for reasonable development of the subject property to continue the use that is already permitted on the site. e) The subject property is suitable for development in general conformance with zoning standards for the proposed zone. Applicants Response: "The Forest& Range zoning offer several permitted uses that are more compatible with the subject site than the AG-20 zoning. Fewer alterations to the site will be required when future permits are reviewed for impacts and/or mitigation measures under the applicable regulations in effect at the time of the permit action. Staff Response: The existing zoning designation is Ag- 20 and the proposed zoning designation is 3 Forest&Range. The Ag-20 and Forest&Ranges zones are both compatible with the Rural Working land use designation of the Comprehensive Plan. f) The proposed amendment will not be materially detrimental to the use of properties in the immediate vicinity of the subject property. Applicants Response: `All properties in the immediate vicinity of the subject site have the same Rural Working land use designation. Trying to develop the subject site under the current Ag-20 zoning would be more impactful to surrounding properties than changing the zone to Forest&Range. Staff Response: CDS staff finds that the proposed will not likely be detrimental to the use of property owners within the immediate vicinity of the subject property as both zones a consistent with the comprehensive plan. g) The proposed changes in use of the subject property shall not adversely impact irrigation water deliveries to other properties. Applicants Response: "The proposed zoning change from Ag-20 to Forest&Range will not adversely impact irrigation water deliveries to other properties because Forest&Range permitted uses better fit the natural conditions of the subject site." Staff Response: The proposal is not project specific and no alterations are proposed to the current ditches and water rights. h) The proposed amendment is in full compliance with KCC 17.13 Transfer of Development Rights. Applicants Response: "KCC 17.98.020.6.h states a petition requesting a zoning change must comply with KCC 17.13 Transfer of Development Rights, if the proposed amendment allows more than one dwelling unit per 20 acres or proposes fewer units than allowed in the zone. This proposal would change the zoning from Ag-20 to Forest&Range, and does not include any changes to density or unit considerations related to the permitted uses allowed in the proposed Forest and Range zoning." Staff Response: Upon review of KCC 17.13 Transfer of Development Rights,staff has determined that TDRs are not required for this rezone proposal. V. ENVIRONMENTAL REVIEW Based upon review of the submitted application materials including an environmental checklist, correspondence received during this comment period and other information on file with Community Development Services, Kittitas County issued a Mitigated Determination of Non-Significance(MDNS) on October 1 which was apeald and subsequently withdrawn and re-issued on October 16, 2024. VI. AGENCY AND PUBLIC COMMENTS Applicable agencies,adjacent property owners, and interested parties have been given the opportunity to review this proposal. All comments are on file and available for public review. The following parties provided substantive comments during the comment period: Kittitas County Public Health: KCPH state they have no comments on the proposed rezone. 4 Kittitas PUD Kittitas PUD states they have no comments. Colville Tribe CCT requests that during implementation that there be an inadvertent discovery plan or(IDP)in place to ensure compliance with all Section 106 and relevant cultural resource laws both federally and to the state of Washington. Kittitas County Public Works: KCPW provided comments solely regarding access,and no transportation concurrency management application would be required for this project. Since this project location is not identified by the Federal Emergency Management Agency as within a Special Flood Hazard Area,a floodplain development permit is not required. Snoqualmie Tribe Snoqualmie Tribe stated they had no substantive comments on the proposal based on the APE but reserve the right to modify their current position. Washington State Department of Fish and Wildlife: WDFW commented in regards to the concern of Priority Habitat Species program as shrub steppe habitat. WDFW requests that a habitat management plan be developed including plans for future expansion of the operation and their impact to shrub steppe,but also plans for habitat restoration once the current mining areas completed. Staff Response: Staff shares some of the same concerns as the WDFW,The proposed Rezone and Comprehensive Plan Amendment is not a project specific application. Any future development proposals on the property would require critical areas review. Five Citizen comments were also received during the comment period. Hutchinson Thomas Cascadia Law Bosman Blackmore VII. PROJECT ANALYSIS In review of this proposal it is important to consider the goals and policies of the comprehensive plan,applicable county code,public and agency comments,any identified environmental concerns and state and federal requirements. Identified below is planning staff s analysis and consistency review for the subject application. Comprehensive Plan Consistency: The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section IV of this staff report,the following Comprehensive Plan GPOs apply to this proposal:RR-G22, RR-G23,RR-G24,and RR-G25. This proposal is consistent with the intent of the Rural and Resource Lands of Kittitas County. Consistency with the provisions of KCC Title 12 Roads and Bridges: This proposal is for a non-project rezone,therefore there will be no impact on existing infrastructure.The 5 proposal is consistent with the provisions of KCC Title 12. Consistency with the provisions of KCC 13 Water and Sewers Code: This proposal is for a non-project rezone. This proposal is consistent with the Kittitas County Code for Water and Sewers. Consistency with the provisions of KCC Title 14 Buildings and Construction: As this is a non-project rezone and comprehensive plan request,no building or construction.is being requested by this action. This proposal is consistent with Kittitas County Code Title 14 for Building and Construction. Consistency with the provisions of KCC 17 56 Forest&Range zoning: This proposal is consistent with the Kittitas County Zoning Code 17.56. The proposal is compatible with KCC 17.56.020 referring to the uses table in KCC 17.15. Consistency with the provisions of KCC 17A Critical Areas Code: As this is a non-project specific rezone no critical areas will be affected. The only critical areas identified on-site are the Priority Habitat Species of shrub steppe.Future activities and/or development will be required to comply with all regulations at the time of the new proposal and the critical areas will be assessed at that time. Consistency with the provisions of KCC 20 Fire and Life Safety Code: As this is a non-project rezone this proposal is consistent with the Kittitas County Code for Fire Life Safety. VIII. RECOMMENDATION Staff recommends approval of the Gibson Non-project Rezone(RZ-24-00001)subject to the following findings of facts and conditions: Findings of Fact 1. Kristin Gibson,is proposing a rezone to one parcel(280533)currently zoned Agriculture 20 with a Rural Working Land Use,rezoned to Forest and Range zoning. The rezone will remain consistent and compatible with the zoning code of rural recreation,as well as allow future expansion of existing uses.A comprehensive plan amendment rezone(RZ-24-00001),and SEPA checklist were submitted as part of the application packet.This project is being processed through the 2024 Annual Comprehensive Plan Docket process. 2. This proposal is located on Tax parcel 280533,located on Parke Creek Road north of Vantage Hwy Section 8,T.17N,R.20E,W.M.;Kittitas County parcel map numbers 17-20-08010-0006. 3. Total Proposal Size: approximately 42.4 acres Number of Lots: 1 Domestic Water: None requested/proposed at this time. Sewage Disposal: None requested/proposed at this time. Fire Protection: Kittitas Valley Fire District#2 Irrigation District: Kittitas Reclamation District 4. Site Characteristics: The site is an active gravel pit and vacant land. 5. Surrounding Property: 6 North: Quilomene Wildlife Area South: Sparse residential,larger parcels of farmland East: Vacant sageland West: Sage land and sparse residential development Access: The proposal has access from Parke Creek Road. 6. The Comprehensive Plan designation is Rural Working. 7. The subject property is currently located within the Agriculture 20 zoning district and is within the Rural Working Land Use.Forest and Range Zoning is being requested,which is consistent with land uses to the north and east of the property as well as the uses located in the vicinity, including hiking trails and the Quilomene Wildlife area. The purpose and intent of this zone is to provide for areas of Kittitas County wherein natural resource management is the highest priority and where the subdivision and development of lands for uses and activities incompatible with resource management are discouraged.A primary goal and intent in siting R-R zones will be to promote rural recreation residential development associated with the many natural amenities found within Kittitas County. 8. Application for a comprehensive plan map amendment,rezone from Rural Working Land Use and Agriculture 20 Zoning to Rural Working land use,Forest and Range Zoning,and SEPA environmental checklist was received on June 28,2024. This submittal packet was received prior to the June 30th docketing deadline. The application was deemed complete on July 26,2024. A Notice of Application was issued on August 15,2024. These notices were published in the official county paper of record and were mailed to jurisdictional government agencies,adjacent property owners within 500 feet and other interested parties. 9. Based upon review of the submitted application materials including an environmental checklist, correspondence received during this comment period and other information on file with Community Development Services,Kittitas County issued a Mitigated Determination of Non-Significance(MDNS) on October 16, 2024. 10. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section IV of this staff report,the following Comprehensive Plan GPOs apply to this proposal:RR-G22,RR-G23,RR-G24, and RR-G25. This proposal is consistent with the intent of the Rural and Resource Lands of Kittitas County. 11. This proposal is consistent with the provisions of Kittitas County Roads and Bridges Title 12. 12. This proposal is consistent with the provisions of KCC 13 Water and Sewers Code. 13. This proposal is consistent with Kittitas County Code Title 14 for Building and Construction. 14. This proposal is consistent with the Kittitas County Zoning Code Title 17,more specifically KCC 17.56 Forest&Range. 15. This proposal is consistent with Kittitas County Code Title 17A Critical Areas. 16. This proposal is consistent with Kittitas County Code Title 20 Fire Life Safety. 17. This proposal is consistent with Kittitas County Code(KCC 17.13)Transfer of Development Rights. 7 18. The following agencies commented on this proposal:Kittitas County Public Health,Kittitas PUD,Kittitas County Public Works,Colville Tribe, Snoqualmie Tribe,Washington State Department of Fish and Wildlife. 19. Five comments from members of the public were received on this proposal. Suggested Conclusions: 1. As conditioned,the proposal meets the goals,policies and implementation recommendations as set forth in the Kittitas County Comprehensive Plan. 2. As conditioned,this proposal is consistent with applicable federal and state laws and regulations. 3. Public use and interest will be served by approval of this proposal. 4. As conditioned,the proposal is consistent with Kittitas County Code Title 12 Roads and Bridges,Title 13 Water and Sewer,Title 14 Building and Construction,Title 15 Environmental Policy,Title 17 Zoning, Title 17A Critical Areas,and Title 20 Fire Life Safety. Suggested Conditions of Approval: 1. The applicant is responsible for compliance with all applicable local, state and federal rules and regulations,and must obtain all appropriate permits and approvals. 8