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STATE OF WASHINGTON <br />DEPARTMENT OF ECOLOGY <br />15 W Yakima Ave, Ste 200 • Yakima, WA 98902-3452 • (509) <br />October 1, 2008 <br />Mackenzie Moynihan <br />Kittitas County Community Development <br />411 N. Ruby St., Suite 2 <br />Ellensburg, WA 98926 <br />Dear Ms. Moynihan: <br />RECEIVED <br />OCT 0 2 2608 <br />5-249 MS COQ p <br />NN <br />Thank you for the opportunity to comment during the optional determination of nonsignificance <br />process for the Tiger Preliminary Plat division of approximately 21.06 acres into 7 lots, proposed <br />by Tiger Estates, LLC [LP 08-22]. We have reviewed the documents and have the following <br />comments. <br />Water Resources <br />The following Water Resource comments are to supersede comments sent in Ecology's SEPA <br />letter dated June 25, 2008. <br />The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations <br />of its water rights. If the proposal's actions are different than the existing water right (source, <br />purpose, the place of use, or period of use), then it is subject to approval from the Department of <br />Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. <br />Any ground water withdrawals in excess of 5,000 gallons per day or for the irrigation of more <br />than '/z acre of lawn or noncommercial garden will require a permit from the Department of <br />Ecology. <br />Chapter 173-150 WAC provides for the protection of existing rights against impairment, i.e. <br />interruption or interference in the availability of water. If water supply in your area becomes <br />limited your use could be curtailed by those with senior water rights. <br />The Attorney General's Opinion, (AGO 1997 No. 6) regarding the status of exempt ground water <br />withdrawals, states that a group of wells drilled by the same person or group of persons, at or <br />about the same time, in the same area, for the same purpose or project should be considered a <br />single withdrawal and would not be exempt from the permitting requirement contained in RCW <br />0@- <br />