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Mr. Valoff <br />July 2, 2009 <br />Page 2 of 3 <br />The Attorney General's Opinion, (AGO 1997 No. 6) regarding the status of exempt <br />ground water withdrawals, states that a group of wells drilled by the same person or <br />group of persons, at or about the same time, in the same area, for the same purpose or <br />project should be considered a single withdrawal and would not be exempt from the <br />permitting requirement contained in RCW 90.44.050, if the total amount withdrawn for <br />domestic use exceeds 5,000 gallons per day or if a total of more than .5 acre of lawn and <br />garden are irrigated. <br />The Attorney General's opinion suggests that caution should be used in finding <br />developments to be exempt from needing a water right permit if the possibility exists that <br />the development of the project will result in the ultimate withdrawal of water in excess of <br />5,000 gallons per day or the irrigation of more than .5 acre of lawn and garden. <br />As stated in the SEPA checklist this project includes Windbent Ranch Plat (LP -08-16), <br />McIntyre Plat (LP -08-15), and Timothy Short Plat (SP -08-18). These subdivisions, in <br />combination, will result in 18 lots. The checklist suggests this project will use a <br />groundwater exemption to serve potable water to the 18 lots. Ecology believes this <br />project is entitled to one groundwatQr exemption and one groundwater exemption will not <br />adequately support this development/project. Therefore, Ecology believes this project <br />will require water rights. <br />Furthermore, this project is subject to WAC 173-539A. Source meter(s) must be <br />installed at the point(s) of withdrawal in compliance with WAC 173-173-100. Metering <br />and reporting will be required in compliance with 173-539A-070. <br />If you have any questions concerning the Water Resources comments, please contact <br />Breean Zimmerman at (509) 454-7647. <br />Water Quality <br />Dividing or platting of a piece of property is often the first step in a proposed <br />development. If a subsequent individual or common plan of development exceeds 1 acre <br />of disturbed ground in size an NPDES Construction Stormwater Permit may be required. <br />Ground disturbance includes all utility placements and building or upgrading existing <br />