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CHMELIK SITKIN .t DAVIS ps Status of Fire illitigation to Date ln your December 28h letter, ERLC alleges that it had provided conespondence to the District's Fire Chief in March of 2018 regarding Fire Mitigation. However, the District, along with its acting Fire Chief during that time, does not recall having any communication with ERLC in regard to a proposed mitigation agreement. The Kittitas County record includes evidence that the Fire Marshall responded to a representative for ERLC in January of 2019 in regard to questions about minimum fire flow and fire hydrants2, and that it was again the Fire Marshal who responded to a Kittitas County Planning Ofiicial in January of 2020 stating that Marian Meadows had "provided [theml with the information that ftheyl had requested."3 However, Kittitas County Ordinance #2018-006 ("Ordinance") explicitly states that noi only does ERLC need to obtain approvalfrom the Kittitas County Fire Marshala, but ERLC must also "contact the Kittitas County Fire District #3 to determine appropriate mitigation rneasures [which] shall be included in the development agreement."s Thus, it appears from the record that ERLC has not complied with $ 30"2"5 of the Ordinance. Specifically, the Kittitas County record shows that it was not until after ERLC's Proposal to the County had opened for Public Comment in June of 2019, did the District become aware of the Proposal which included proposed fire mitigation measures. As such, the District submifted a comment on July 22, 2019 explaining that pursuant to the applicable County Ordinance, ERLC had not done its duty "to contact [thel District to determine appropriate mitigation measures for this project.'8 ERLC also failed to .properly notify the District of the application and public hearing."T The District made it clear that as of the date of their July 22,2019 comment letter, ERLC had not made any contact with the District regarding lhis requirement. Moreover, on December 15, 2020, during a Kittitas County Board of Commissioners Public Hearing, Dan Carlson, the Director of Community Development Services for Kittitas County, stated that he could not find in the County record a showing of communication between ERLC and the District as is required by County Ordinance. Because of this failure to abide by the Ordinance, the Kittitas County Commission rernanded the Proposalback to ERLC. lssues to be Addressed by the District The District is in the process of reviewing ERLC's requests for information from the District. However, please be aware that there are at this time substantive issues that the District will need lo addrbss 1 For clarity, communications with the County Fire Marshal are not communications with the District. The District is responsible for fire and emergency response services and many other related services. The County Fire Marshal does not have that jurisdiction. 2 A copy of the 1-28-19 emailfrom the Kittitas County Fire Marshalto a Representative for ERLC is enclosed herewith. 3 A copy of the 1-17-20 emailfrom the Kittitas County Fire Marshal to a Kittitas Coung Planning Official is enclosed herewith. 4 S 30.2.1. 5 S 30.2.5. 8 A copy ot the 7-22-19 Kittitas Coung Fire Districl #3 Comment Memorandum is enclosed herewith. 7 ld. Page 2