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HomeMy WebLinkAbout2014-04-28-minutes-cds-study-sessionKITTITAS COUNTY COMMISSIONERS REGULAR MEETING CDS STUDY SESSION MONDAY, APRIL 28, 2014 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Health to present Interim Period Mitigation Certificate 3. Potential upcoming Docket Issues 4. Other business 5. Adjourn Created on 4/25/2014 10:11:49 AM ascw�... nrrr��o KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES �Gt 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 CDS a CO.KITTITAS.WA.US Office (509) 962-7506 __..._ . "Building Partnerships — Building Communities" Fax (509) 962-7682 CDS STUDY SESSION MINUTES April 28, 2014 THOSE PRESENT: Gary Berndt, Obie O'Brien, Paul Jewell (BOCC) Doc Hansen, (CDS) Candie Leader, Kirk Holmes, Candie Leader (PW) Holly Myers, Holly Duncan, Robin Read GUESTS PRESENT: Chad Bala Health to present Interim Period Mitigation Certificate: Holly M. presented the Interim Period Adequate Water Supply Determination process packet. Commissioner Jewell asked for a "statement of understanding" that the applicant will initial. There was discussion on the timeframe and how the recording piece of the process would work. Board Direction: None. Potential upcoming Docket Issues: Doc stated there are potentially eight or more items for the Docket. Commissioner Jewell if there had been any private amendments submitted. Doc stated yes, but not specific and that he anticipates several applications. Doc stated marijuana regulations will be a big part of the Docket regarding the use, the vesting, and the production. Board Direction: None. Doc H nsen, Planning Of tial Obie O'Brien, Chairnan COMMUNITY PLANNING • BUILDING INSPECTION • PLAN REVIEW • ADMINISTRATION • PERMIT SERVICES • CODE ENFORCEMENT :A SIS-I� s�-(� - an-th_Rtii& rn Pe-jriod) Submit completed Kittitas County Interim Water Mitigation Program application form with applicable fees at I(CPHD Obtain I(ittitas County Interim Water Mitigation Certificate from I(CPHD Lower Kittitas County ONLY Obtain Mitigation from Private Water Bank Record Mitigation Certificate with I(ittitas County Auditor Submit completed Adequate Water Supply Determination (AWSD) application form with applicable fees to KCPHD W Obtain approved AWSD from KCPHD Apply for Building Permit with Kittitas County Community Development Services (all WATER requirements have now been met to submit a building permit application) DEFINITIONS: • Appropriation- The use of water for a beneficial purpose. • Curtailment- the action of reducing or restricting water use based on priority. • Domestic Water Use- Water used for household purposes, including human consumption, food preparation, household cleaning, personal hygiene, and watering lawns and gardens. • Deed Restriction- A restriction on how property may be used. In this case, it concerns the use of water on the property. This deed restriction would not impact other water rights which may also be attached to the property. • Growth Management Hearings Board- The Growth Management Hearings Board is a body appointed by the Governor that hears and determines allegations that a government agency is not in compliance with the Washington State Growth Management Act (Chapter 36.70A RCW). • Ground Water- Water beneath the earth's surface, often between saturated soils and rock, that supplies wells and springs. • Junior Water Right- A water right is the right to divert public waters of the state and put them to beneficial use. A junior water right is a "newer" water right that is inferior to senior or "older" water rights and may be curtailed during times of drought or impairment. Junior water rights are not allowed to use water when there is not enough water to satisfy senior water rights. In the Yakima River Drainage Basin, junior water rights are those issued after May 10, 1905. • Mitigation- To make something less severe or harmful. In this case, mitigation can be in the form of a portion of a water right purchased from a water bank. The adequacy of mitigation shall be determined by Ecology. • Perpetuity- The state of continuing forever or for a very long time. • Senior Water Right- A water right is the right to divert public waters of the state and put them to beneficial use. Senior water rights are "older" rights which were established first. Senior water rights have priority overjunior water rights, especially during times of drought or impairment. Senior water rights must be fully satisfied before water is available for junior water rights holders. In the Yakima River Drainage Basin, senior water rights are those issued prior to May 10, 1905. • Surface Water- Water that is on the surface of the earth such as in a stream, river, lake, wetland, or ocean. • Total Water Supply Available (TWSA)- Includes all water which is available for out -of -stream uses in the Yakima River Drainage Basin including current available storage in reservoirs, estimates of unregulated flow, and other sources including return flows. This is the estimate that the Bureau of Reclamation utilizes in making water delivery predictions each year. • Water Bank: Water banking is an institutional mechanism used to facilitate the legal transfer, purchase, and market exchange of various types of surface, groundwater, and storage entitlements. Although water banking approaches may differ, the common goal is to move water to where it is needed most. • Water -Budget Neutral: This is a withdrawal of water whose impact to area streams is offset by water from existing water rights being left in -stream. The consumptive use (amount of water not returned to rivers and streams) does not exceed the amount of water of these existing water rights. These existing rights can be purchased on your own or through water banks. Banked water is water put into the state trust water rights program as an "instream flow water right" (water left in the stream for the benefit of the stream and all the life that depends on adequate stream flows). • Yakima River Drainage Basin: The land area which drains into the Yakima River main stem, a major tributary of the Columbia River. This is inclusive of all sub -basin tributaries to the Yakima River. The area of Kittitas County from Snoqualmie Pass on the western border to Ryegrass in the eastern part of the County resides in the Yakima River Drainage Basin. CONTACTS For more information contact the Kittitas County Public Health Department at (509)962-7515 or visit http://www.co.kittitas.wa.us/health/default.aspx under Hot Topics For additional water bank and water use information contact Theresa Mitchell, Washington State Department of Ecology at (509)575-2490 or at http://www.ecy.wa.gov/programs/wr/wrhome.html Page 2 of 2 Last updated 02/13/2014 KCPHD 9. [have a parcel of land with an existing well, and I have used my RV on the property. Will I be able to get a building permit to build a residence without obtaining mitigation? Due to the complexity of these situations, determinations will be made on a case by case basis, taking into consideration the site specific circumstances. The County may require an opinion from Ecology prior to making a final decision. 10. 1 have a shared well, but only have built on one parcel. Do I need to mitigate for the second connection? Yes, mitigation will be required for any new uses. 11. 1 had a house on my property that recently burned down. Will I need to obtain mitigation to rebuild? No. If you previously had a permitted home on your property with a well then a water right for domestic use was already established. Existing rights are not affected by these new regulations. 12. 1 have an existing stock water well, is that going to be limited by the new regulations? No. Established water rights for various uses are not limited by the new regulations. Additionally, stock watering is primarily regulated by the state through the Department of Ecology, not the County. As long as you continue using the well for the established purpose, the county will not require you to mitigate. 13. Will I be able to water my lawn and /or have a garden and trees? Yes, if your property has deeded irrigation water rights and is available for use, then these regulations will not apply to your outdoor watering. If you have been using your existing exempt well to irrigate up to % acre of non-commercial lawn or garden, prior to these new regulations, then you have appropriated that use and do not have to obtain mitigation. If you do not have an irrigation water right or have not used your well for prior irrigation, then your usage will be limited. However, you may be able to obtain additional mitigation specific to outdoor use from a well. 14. Will I have to meter my water usage if I obtain mitigation from a water bank? Yes, when Permanent Measures are enacted, all new uses must be metered. The specifics of the metering requirements may differ depending on the water bank from which the mitigation was obtained. Page 2 of 3 Last updated 04/08/2014 KCPHD 1 r:ict;,..s iounry Public Health To Protect and Promote the Health and the Environment of the People of Kittitas County EDEN Tracking #: Certificate ID #: Date Accepted: Accepted By: Kittitas County Interim Water Mitigation Program Mitigation Certificate Application LEGAL OWNER NAME: MAILING ADDRESS: CITY, STATE, ZIP: PROJECT LOCATION CADDRESS): PHONE #: TAX PARCEL #: E—MAIL: UNIQUE WELL TAG ID: PARCEL NUMBER WHERE WELL IS LOCATED: HAS THE WELL BEEN DRILLED? ❑ YES ONO IF NO, WHEN IS THE WELL EXPECTED TO BE DRILLED: ARE THERE ANY OTHER AVAILABLE SOURCES OF WATER ON THE PROPERTY (IRRIGATION WELL, IRRIGATION COMPANY, ETC.)? IF SO, PLEASE DESCRIBE: NOTES: INTERIM WATER MITIGATION PACKAGE: 1 EQUIVALENT RESIDENTIAL UNIT (ERU)- INDOOR DOMESTIC USE AND UP TO 500 SQUARE FEET OF OUTDOOR USE Last updated 04.16.2014 KCPHD NOTARIZED STATEMENT I, (the undersigned applicant) under penalty of perjury in the State of Washington agree to comply with all sections of this document, federal, state, and local provisions, codes, and ordinances in regards to water use. These covenants and agreements shall be binding on all parties having or acquiring any right, title, or interest in this land described herein or any part hereof and it shall pass to and be for the benefit of each owner thereof. I certify that the information provided is true and accurate and I understand that if the project description should change that it is my responsibility to inform Kittitas County Public Health Department (KCPHD) and that the department may require different and/or additional requirements. As the applicant, I assume all risk in its entirety and agree to indemnify defend and hold Kittitas County, its departments, elected and appointed officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses, including reasonable attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or reduction in value of property including the loss of use resulting there from which are alleged or proven to be caused in whole or in part by a negligent act or omission of its officers, directors, and employees. As the applicant, I understand that I am legally and financially responsible for ensuring there is a legal right to the water to be used, and that all water supply systems are engineered, designed, and constructed in accordance with federal, state and local requirements. I understand that all applicable fees may be non-refundable and that KCPHD may have additional requirements to ensure that sufficient and adequate water supply is available for use and I shall comply with all requests made by KCPHD. Should I as the property owner choose to use and appoint an authorized agent to represent my interest, I may do so, by having myself and the authorized agent sign this notarized statement. Signed: Property Owner(s) Print Name: Property Owner(s) -(the property owner) appoint, as an authorized agent to represent my interest. Authorized Agent Signature (if applicable): Print Name: _ Authorized Agent Authorized Agent State of Washington )ss County of ) 1, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this day of . 20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a creditable witness to be the signer of the above instrument, and he/she acknowledged that he/she signed it. to me known to be the person(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed Notary Public in and for the State of Washington, Residing in: My Commission Expires: �yi �Oti ` 'fj •tir 507 N. Nanum Street, St. io2 - Ellensburg, WA 98926 T: 509.962.7515 • F: 509.962.7581 www.co.kittitas.wa.us/health/ DATE ISSUED 4/16/2014 EDEN PERMIT# MI -14-00001 CERTIFICATE ID # 1 WELL TAG ID # ABC123 CER I1FIcCA E MAP PARCEL # 18-18-36056-6719 APPLICANT FIRST NAME APPLICANT LAST NAME KITTITAS COUNTY LEGAL DESCRIPTION CD. 526; TWN. EBURG; SHOUDYS 2ND ADD. LOT 9; BLOCK 67 SITE ADDRESS 803 N MAPLE ST CITY ELLENSBURG STATE WA zIP 98926 MITIGATION IS ISSUED FOR 1 EQUIVALENT RESIDENTIAL UNIT (ERU) - INDOOR DOMESTIC USE AND UP TO 500 SQUARE FEET OF OUTDOOR USE ONLY This Certificate must be recorded with the Kittitas County Auditor's office. Mitigation is issued for 1 ERU on the above mentioned parcel only and is not transferable for use at other locations or for any other uses. ,1 k t t: t t j i Public Health Tracking#: - De1) a: tmant Date Accepted: To Protect and Promote the Health and the Environment of the People of Kittitas County Accepted By: FORM ADEQUATE WATER SUPPLY DETERMINATION FOR BUILDING PERMITS: I/c INDIVIDUAL/SHARED WELLS (Interim Measure Dates) J Incomplete applications, including applications without the proper documentation, will not be accepted. KCPHD will return incomplete applications to the applicant. All applicable fees may be non-refundable OWNER OF RECORD: PHONE #: MAILING ADDRESS: PARCEL #: CITY, STATE, ZIP: E-MAIL: PROJECT LOCATION: EXISTING UNIQUE WELL ID#: MITIGATION CERTIFICATE #: PROJECT USE: ❑ New dwelling unit* with potable water ❑ Remodel that adds fixtures, and creates an additional dwelling unit.* ❑ Addition that adds fixtures, and creates an additional dwelling unit. ❑ Addition of potable water to a dry structure Please describe project: *A dwelling unit is defined as: "A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation." Does the parcel currently have a structure with plumbing? ❑ YES ❑ NO Does the well serve anotherparcel? ❑ YES ❑ NO Please provide the following: • Well log, reconstructed well log, or 4 -hour draw down well test • Site map identifying the location of the proposed project and well location • Current passing nitrate (within 3 years) and bacteriological (within 1 year) well water tests • If shared well, please provide a recorded shared well users agreement • Water Budget Neutrality Determination or other proof of mitigation • Recorded Water Budget Neutrality Determination or other proof of mitigation on title with Kittitas County Auditor Page 1of5 ***The adequate water supply determination approval remains valid only if the facts asserted and governing law do not change, and expires within 1 year of issuance. All applicable fees may be non- refundable. *** STATEMENTS OF UNDERSTANDING I understand that approval by Kittitas County only verifies my intent and that it does not guarantee that there is a legal right to waters of the state, or that the pre-existing water source meets state or local requirements for potability and/or quantity for the proposed use, or that WAC 173-539A does not apply to the pre-existing water source. As the applicant, I assume all risk in its entirety and agree to indemnify defend and hold Kittitas County, its departments, elected and appointed officials, employees, and agents, (Initials) harmless from and against any and all claims, damages, losses and expenses, including reasonable attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or reduction in value of property including the loss of use resulting therefrom which are alleged or proven to be caused in whole or in part by a negligent act or omission of its officers, directors, and employees. As the applicant, I understand that the purpose of this application has been made with the intention of seeking issuance of a building permit, I understand that I am legally and financially responsible for ensuring there is a legal right to the water to be used, and that all water supply systems are engineered, designed, constructed and maintained in accordance with federal, state and local requirements. I understand that Kittitas County Public Health Department (KCPHD) strongly recommends that I consult with the Department of Ecology prior to submitting this application. I also understand that this application (Initials) is a public record that may be reviewed by the Department of Ecology who may ask me for proof of any assertions I make on the application, and has the ability to enforce WAC 173-539A independent of any Kittitas County actions. I understand that the federal, state and local water quality requirements are a minimum requirement for water quality testing, and that local conditions may result in contaminants that are not detected by these tests. As the applicant, I assume all risk in its entirety and agree to indemnify, defend and hold Kittitas County, its departments, elected and appointed officials, employees, and agents, harmless from and against (Initials) any and all claims, damages, losses and expenses, including reasonable attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or reduction in value of property including the loss of use resulting therefrom which are alleged or proven to be caused in whole or in part by a negligent act or omission of its officers, directors, and employees. I understand that adding a 2nd and/or additional residential connections to an individual well, including (Initials) accessory dwelling units, categorizes the well as a Public or Shared Water System which requires submittal of a Public or Shared Water System application and approval by KCPHD or Washington State Department of Health. (Initials) i certify that I have read and understand the Adequate Water Supply Determination Instructions and Form. Property Owner Signature: Date: ***The adequate water supply determination approval remains valid only if the facts asserted and governing law do not change, and expires within 1 year of issuance. All applicable fees may be non- refundable. *** Page 3 of 5 OFFICIAL USE ONLY Review of Application: TRACKING #: Project is proposing to utilize an individual well with 1 connection? ❑ Yes ❑ No IF NO: Is the proposal a 2 -parry shared well or a group system? ❑ Yes ❑ No ❑ N/A Does the application provide a valid well ID number for the proposed project? ❑ Yes ❑ No ❑ N/A Project is in the Upper Kittitas County boundary as defined by 173-539A WAC: ❑ Yes ❑ No Application materials for the proposed project are attached and complete: ❑ Yes ❑ No • A copy of the well log OR a 4 -hour draw down test: • A current passing (within < 1 year) bacteriological and nitrate (within <_ 3 years) well water test: • Site map identifying the location of the proposed project and well location A Determination of Water Budget Neutrality or other proof of mitigation was provided. ❑ Yes ❑ No ❑ N/A ❑ Determination of Water Budget Neutrality from Washington State Department of Ecology; OR ❑ A copy of the water right associated with the source of water; OR 0 Kittitas County Interim Water Program Mitigation Certificate Has proof of mitigation been recorded on Deed/Title with Kittitas County Auditor? ❑ Yes ❑ No ❑ N/A Water Quality Technology/Storage Required: ❑ N/A EVALUATION NOTES: DATE: NOTES: DATE: NOTES: DATE: NOTES: FINAL EVALUATION: REVIEWER: DATE: Based on the information provided in this application and to the best of my knowledge and ability at this time: 0 Requirements for adequate water supply determination appear to be complete and satisfactory*t ❑ The request for adequate water supply determination is not complete or unsatisfactory and therefore has been denied*t Notes: *The Building Official makes the final determination on the issuance of a building permit per RCW 19.27.097 t KCPHD does not make determinations regarding an applicanCs legal right to ground water or the validity of WAC 173-539A nor does KCPHD have the authority to perform such actions. ADEQUATE WATER SUPPLY DETERMINATION FEE $305 Total Fee Due: = Receipt #: ***The adequate water supply determination approval remains valid only if the facts asserted and governing law do not change, and expires within 1 year of issuance. All applicable fees may be non- refundable. *** Page 5 of 5