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HomeMy WebLinkAbout2018-07-09-minutes-cds-study-sessionKITTITAS COUNTY COMMISSIONERS CDS Study Session Regular Meeting Monday July 9, 2018 -1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg 1. Call to Order 2. Requesting Chairman's Signature on Entity Application for Hairpin Ranch Conservation Easement 3. Discussion Regarding Foundation Only Permits 4. Other business 5. Adjourn Created on 7/6/2018 10:20:50 AM KITTITAS COUNTY CDS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 - ELLENSBURG Regular Meeting MONDAY 1:30 PM July 9, 2018 Board members present: Chairman Laura Osiadacz, Vice -Chairman Obie O'Brien, and Cory Wright Others: Dan Carlson, Lindsey Ozbolt, Mike Flory, Stephanie Mifflin (CDS), Candie Leader, Sara Folk (PW) Jennifer Nelson (DFW) Meeting was called to order at 1:30 P.M. Requesting Chairman's Signature on Entity Application for Hairpin Ranch Conservation Easement Dan Carlson gave a brief history of the Hairpin Ranch Conservation Easement and presented the application that Forterra NW created to submit for Chairman's signature. There was discussion between the Board and Dan regarding clarification on page 3 and the parcel sheet in the document. Dan proposed to move this to the agenda session so that a representative from Forterra NW can attend to answer questions from the Board. Direction was given from the Board to move this item to the next agenda session. Discussion Regarding Foundation Only Permits Dan Carlson explained the Foundation Only permit process that is currently part of Community Development Services (CDS) and the issues that the department is facing regarding plan review time. Dan stated CDS is proposing to limit the time where Foundation Only permits can be applied for. Commissioner O'Brien and Commissioner Wright expressed their concerns with the Foundation Only process. Commissioner Osiadacz stated she would like to hear from the Home Builders Association and the building community. Direction was given by the Board to set a special meeting, with invitation to the building community, to discuss this topic. 2018-07-09 MINUTES 1 KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Stephanie Mif n, Clerk Laura Osiadacz, Chairman 2018-07-09 MINUTES U.S. Department of Agriculture Natural Resources Conservation Service NRCS-CPA-41 12/2016 ENTITY APPLICATION for an AGRICULTURAL LAND EASEMENT (ALE) AGREEMENT Clear Form This is an Entity Application for an Agricultural Land Easement (ALE) Agreement through the: (select ONE) ❑ Agricultural Conservation Easement Program —Agricultural Land Easement (ACEP-ALE) ❑D Regional Conservation Partnership Program (RCPP) — ACEP-ALE Entity Name: NEST Application Number: Forterra NW AGENCY USE Entity Address: Forterra NW Entity Email: adraper@forterra.org Entity TIN 94-3112461 Telephone: (206) 905-6956 Land Eligibility Category for Agreement (Select OneF): ❑ Has prime, unique, or other productive soil ❑ Contains historical or archaeological resources © Protects grazing uses and related conservation values ❑ Furthers a State or local government policy consistent with the purposes of ACEP with ACEP: Application Date: Entity Type: ❑ State Government ❑ Local Government ❑ Indian Tribe © Non-governmental Organization F Application Total Acres: 273.6 _.State: A Cite the State or local government policy consistent Is this an application for a Grassland of Special Environmental Significance (GSS) ALE Agreement: ❑ Yes ❑J No This is an Entity Application for an ALE Agreement, as established by the Agricultural Act of 2014. By signing and submitting this application, you agree to comply with the requirements of ACEP-ALE. 1. ❑✓ Yes [:]Vo Do you have entity records established with the appropriate USDA service center agency? !f no, you must establish them with the appropriate USDA service center agency prior to submitting this application. 2. A Dun & Bradstreet Data Universal Numbering System (DUNS) number and current registration in the System for Award Management (SAM) is required for receiving payment under an EIN. if you do not have a DUNS number information is available at htt //fedvov.dnb. comAvebform To register with SAM, go to htt, s://www.sam_. gov/ DUNS Number: 90020616 ` ` 3. 91 Yes F1 No Do you have the authority and capability to acquire, manage, and enforce agricultural land easements? 4. How many entity staff are dedicated to monitoring and easement stewardship?; - 5 ❑ Yes ❑✓ No Are you an NRCS Certified Entityl°? 6. ❑ Yes ❑ No Are all parcelsR associated with this application subject to a written pending offerv1 signed by the eligible entity for purchase of an agricultural land easementR" by an eligible entit§? PAGE 1 of 5 U.S. Department of Agriculture NRCS-CPA-41 Natural Resources Conservation Service 12/2016 7. ✓❑ Yes ❑ No Will any other entity co -hold an agricultural land easement on one or more of the parcels associated with this application? If the answer is Yes, then the intended co -holders must co-sign this application for an Agricultural Land Easement Agreement, provide a DUNS number, and be registered with SAM. _ Name: ittitas County Tax Number: 1-6001349 DUNS Number: 1-020-2547 Co -Holder Signature: Name: 7 ax Number: DUNS Number: Co -Holder Signature: 8. ❑✓ Yes ❑ No Will another entity, other than the United States, hold a third -party right, contingent right, or any other real property interest in an agricultural land easement on one or more of the parcels associated with this application, excluding entities co-signing this application as a co -holder? If the answer is Yes, list the Names and Fax Identification Number for all other intended holders of interests in the agricultural land easement. Name: '•A State RCO Tax Number: F1-0780046 DUNS Number: 8-8405852 Name: Tax Number: — DUNS Number: Name: Tax Number: E_ T� DUNS Number: 9. The land offered pit under this application is (check all that apply): 0 Private Land ❑ Tribal, Allotted, Ceded, or Indian Land 10. How many parcels are associated with this application: P9 i You must complete an ACEP ALE Parcel Sheet NRCS-CPA-41A for each parcel associated with this application and attach it to this Entity Application for an ALE Agreement. 11. Complete the below table with the sum totals for all parcels associated with this application. These values may be estimates, subject to the final values being determined by an NRCS-approved appraisal report or easement valuation methodology. A. Total Estimated Fair Market Value of all ALEs $1,875,000 B. Total Estimated Entity Non -Federal Cash Contribution to all $937,500.00 ALEs (excluding Landowner donation) C. Total Requested Federal Share for ALEs $937,500.00 D. Total Estimated Purchase Price of ALEs (D = B + C) $1,875,000.00 _ E. Total Estimated Landowner Donation for all ALEs (E = A — D) $0.00 12. All entities that will be identified as either a holder, co -holder, or other holder of interest on any agricultural land easement deed associated with this application must be listed on the table below. For those that will contribute cash or receive ALE funds, identify on the table below the estimated entity non -Federal cash contribution (item B above) and the requested Federal share (item C above) by individual entity. PAGE 2 of 5 U.S. Department of Agriculture Natural Resources Conservation Service NRCS-CPA-41 1212016 Entity Role (identify either): 61. Estimated Individual C1. Individual Entity - Holder or co-holder(#2 above), Entity Non -Federal Cash portion of requested Entity Name: - Cc -holder (#7 above), or Contribution to all ALEs Federal Share for ALEs - Holder of Interest (#8 above) (total must equal item B above) (total must equal item C above) iForterra NW ICo-holder Kittitas County Co -holder 0.00 937,500.00 37,500.00 0.00 The Entity has reviewed the template Agricultural Land Easement(ALE) Agreement that stipulates the terms and conditions under which the entity would be permitted to use the cost -share assistance applied for herein. The Entity agrees to participate in the Agricultural Land Easement component of the Agricultural Conservation Easement Program (ACEP) if NRCS and the Entity enter into an ALE -Agreement. However, nothing in this application obligates the United States or the Entity to purchase all or any of the Agricultural Land Easements listed on the Parcel Sheets attached to this application. To identify future roles should this application be funded, the undersigned Entity shall hereafter be referred to as the "Participant." The Participant understands that unless an Entity is certified by NRCS, acquiring an Agricultural Land Easement without the NRCS required minimum deed terms and conditions or prior to NRCS approval of the appraisal or easement valuation determination and title causes the Agricultural Land Easement to be ineligible for ACEP cost -share assistance. An Entity may only be certified by the Chief of NRCS. The Participant certifies that highly erodible land conservation/wetland conservation, adjusted gross income certifications, and member information for all Landowners are on file with the appropriate USDA service center agency and are up to date. It is the responsibility of the Participant to provide accurate data to support all items addressed in this application at the request of NRCS. Participants acknowledge that NRCS is relying upon the veracity of the information submitted for purposes of awarding Federal funds and that the submittal of false information may be subject to criminal or civil fraud statutes. The Participant is required to be registered in the System for Award Management (SAM) before submitting this application and must provide a valid DUNS number on this application. Each Participant must continue to maintain an active SAM registration with current information at all times during which it has an active application for funding under consideration and at all times for the duration of any ALE -agreement entered into under the program. NRCS may not enter into an ALE -Agreement with an Entity until all applicable DUNS and SAM requirements have been met. If an Entity has not fully complied with these requirements by the time NRCS is ready to award the ALE Agreement, NRCS may determine that the Entity is not qualified to receive an ALE Agreement and use that determination as a basis for making an award to another applicant. Initial 13. n-1 certify that the Entity has its own cash resources to provide the Total Estimated Entity Non -Federal Cash Contribution stated in 19.B. above. 14.FV(]- Non -certified entities: l have received and reviewed a copy of the required ALE -Cooperative Agreement Template and United States Secretary of Agriculture's required minimum deed terms and conditions for an Agricultural Land Easement. 15. P- Certified entities: I have received and reviewed a copy of the required ALE -Grant Agreement or certified entities which includes the United States Secretary of Agriculture's regulatory deed requirements that must be address in the Agricultural Land Easement Deed. Signature oA14horized Entitiepresentative Date PAGE 3 of 5 U.S. Department of Agriculture NRCS-CPA-41 Natural Resources Conservation Service 12/2016 NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers. If you believe you experienced discrimination when obtaining services from USDA, participating in a USDA program, or participating in a program that receives financial assistance from USDA, you may file a complaint with USDA. Information about how to file a discrimination complaint is available from the Office of the Assistant Secretary for Civil Rights. USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex (including gender identity and expression), marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, complete, sign and mail a program discrimination complaint form, available at any USDA office location or online at www.ascr.usda.. ov, or write to: USDA Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W. Washington, D.C. 20250-9410 Or call toll free at (866) 632-9992 (voice) to obtain additional information, the appropriate office or to request documents. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay service at (800) 877-8339 or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider, employer, and lender. Persons with disabilities who require alternative means for communication of program information (e.g., Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). PRIVACY ACT STATEMENT The following statements are made in accordance with the Privacy Act of 1974 (U.S.C. 522a). Furnishing this information is voluntary; however, failure to furnish correct, complete information will result in the withholding or withdrawal of such technical or financial assistance. The information may be fumished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other State or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. This information collection is exempted from the Paperwork Reduction Act under 16 U.S.C. 3801 note and 16 U.S.C. 3846. i To be considered as an Eligible Entity under ACEP-ALE a non-governmental organization must be: (1) organized for, and at all times since the formation of the organization been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (2) an organization described in section 501(c)(3) of that Code that is exempt from taxation under section 501(a) of that Code; or (3) described in "(1) section 509(a) (1) and.(2) of that Code; or (II) section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code. ii Select only one. ACEPALE applications are organized by Eligible Land type; ACEP ALE agreements are specific to the Eligible Land type. The Eligible Land type will affect minimum deed terms and ALE Plan . requirements. Applications with more than one selection may be deferred until corrected. iii Historical and archaeological resources mean resources that are: (1) Listed in the National Register of Historic Places (established under the National Historic Preservation Act (NHPA), 16 U.S.C. 470, et seq.); (2) Formally determined eligible for listing in the National Register of Historic Places (by the State historic preservation officer (SHPO) or Tribal historic preservation officer (THPO) and the Keeper of the National Register in accordance with section 106 of the NHPA); PAGE 4 of 5 U.S. Department of Agriculture NRCS-CPA-41 Natural Resources Conservation Service 12/2016 (3) Formally listed in the State or Tribal Register of Historic Places of the SHPO (designated under section 101(b)(1)(B) of the NHPA) or the THPO (designated under section 101(d)(1)(C) of the NHPA); or (4) Included in the SHPO or THPO inventory with written justification as to why It meets National Register of Historic Places criteria. iv Certified Entity means an eligible entity that NRCS has determined to meet the requirements of 7 CFR § 1468.27. An Entity may only be certified by the Chief of NRCS. v Parcel means a farm or ranch submitted for consideration for funding under ACEP-ALE. vi Pending offer means a written bid, contract, or option extended to a Landowner by an eligible entity to acquire a conservation easement before the legal title to these rights has been conveyed for the purpose of. (1)The agricultural use and future viability, and related conservation values, of eligible land by limiting non-agricultural uses of that land; or (2) Grazing uses and related conservation values by restoring and conserving eligible land. vii Agricultural land easement means an easement or other interest in eligible land that is conveyed for the purpose of protecting natural resources and the agricultural nature of the land, and of promoting agricultural viability for future generations, and permits the Landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as approved by the NRCS. viii The NRCS may not use ACEP funds for the purposes of acquiring an easement on lands owned by an agency of the United States, other than land held in trust for Indian Tribes; and lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government. Such lands are ineligible for ACEP. ix Purchase price means the fair market value of the agricultural land easement as determined by an NRCS approved methodology, minus the Landowner donation. x Landowners shall not donate any part of the Federal share or non -Federal cash contribution back to the entity as a condition of purchase or closing. PAGE 5 of 5 U.S. Department of Agriculture NRCS-CPA-41A Natural Resources Conservation Service 1212016 PARCEL SHEET for ENTITY APPLICATION for an AGRICULTURAL LAND EASEMENT (ALE) AGREEMENT Clear Form This Is a parcel sheet for an Entity application for an Agricultural Land Easement (ALE) Agreement through the: (Select ONE) © Agricuftural Conservation Easement Program— Agricultural Land Easement (ACEP-ALE) ❑ Regional Conservation Partnership Program (RCPP) —ACEP-ALE Parcel? Landowner Name (as stated on source deed): Minor, Brent and Mary Parcel Street Address: 8001 Naneum Rd Ellensburg, WA Entity Name: Forterra NW Entity Email: adraper@forterre.org Attached to NEST Entity Application Number: AGENCY USE NEST Parcel Number: AGENCY USE Entity DUNS Number. 090020616 Entity Telephone: 206-905-6956 Land Eligibility Category for Parcel (Select One): Entity TIN: ❑ Has prime, unique, or other productive soil. 94-3112461 Percent of parcel that is prime, unique, or other productive soil: ❑ Contains historical or archaeological resources © Protects grazing uses and related conservation values Application Date: El Furthers a State or local government policy consistent with the purposes of the ACEP. Cite the State or local government policy consistent with the ACEP: uly,18 2018 Is this an application for a Grassland of Special Environmental Significance (OSS) ALE Agreement [❑ Yes ✓❑ No Parcel Offered Acres: 273.6 Parcel Longitude and Latitude: 47.0695, -120.4702 1. ✓❑ Yes ❑ No Do all landowners have farm records established with the appropriate USDA service center agency? If no, they must be established for each landowner with the appropriate USDA service center agency prior to submitting this application. 2. What evidence of landownership are you providing? ❑✓ Property Deed ❑ Current Written Purchase Agreement Attach the prope►ty deed or written purchase agreement to this parcel sheet. 3. Is the land owned by an (check all that apply): ❑✓ Individual a) Please enter your legal name(s) and tax identification number(s): Name: Frent W. Minor Tax Number: ❑ Entity (Corporation, Limited Liability Company, Partnership, Trust, etc.) a) Please enter entity legal name and tax identification number; Name: _ I Tax Number: U.S. Department of Agriculture Natural Resources Conservation Service NRCS-CPA-41A 12/2016 b) Yes ❑ No ❑ Do you have appropriate documents including proof to sign for the entity? 4. The land offeredF under this parcel sheet is (select one): ✓❑ Private Land ❑ Tribal, Allotted, Ceded, or Indian Land 5. Is the land being offered for enrollment (select all that apply): ❑✓ Cropland ❑ Rangeland ❑✓ Pastureland ❑ Grassland or land that contains forbs ❑ Shrubland for which grazing is the predominant use ❑ Located in an area that has been historically dominated by grass land, forbs, or shrubs and could provide habitat for animal or plant populations of significant ecological value ❑ Nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to p rotect such land from development. Identify percent: 6. ❑✓ Yes ❑ No Is this parcel subject to a written pending offer'" signed by the eligible entity for purchase of an agricultural land easementF by an eligible entry? Attach the pending offer for purchase of an agricultural land easement to this parcel sheet. 7. ❑ Yes ❑1 No Is any portion of the parcel subject to an easement or deed restriction which provides similar protection as would be provided by enrollment in ACEP-ALE? 8. ❑ Yes [0 No Is there any portion of the Parcel where the purposes of ACEP would be undermined due to on-site or offsite conditions, such as risk of hazardous substances, proposed or existing rights of way, infrastructure development, or adjacent land uses? 9. ❑a Yes ❑No Is the entire parcel accessible from a public road or is there an insurable, .unconditional and transferable legal right of recorded access for the tern of the easement? Attach map showing access from a public road or evidence of insurable, unconditional, and transferable legal right of recorded access. 10. Complete the table below for this parcel: These values may be estimates, subject to the Final values being determined by an NRCS-approved appraisal report. A. Estimated Fair Market Value of this ALE $ 1,875, 00.00 B. Estimated Entity Non -Federal Cash Contribution to $937,500.00 this ALE excluding Landowner donation C. Requested Federal Share for this ALE $ 937,600.00 D. Estimated Purchase PrlceF of this ALE (D = B + C) $1875,000.00 E. Estimated Landowner Donation for this ALS (E = A — ) $ 0.00 11. Do the landowners of this parcel meet the criteria for any of the following categories? Check all that apply. Please note that providing this information is voluntary and will not be used when reviewing this application or determining whether the landowners meet the ACEP Landowner eligibility requirements. This information may be used when considering an Entity request for a waiver of the Entity cash contribution requirement for a project of special signfcance as defined in 7 CFR § 1468.24(b)(4). ❑ Limited -Resource Farmer or Rancher""' []Beginning Farmer or Rancher" U.S. Department of Agriculture NRCS-CPA-41A Natural Resources Conservation Service 1212076 ❑ Socially Disadvantaged Farmer or Rancherx ❑ Veteran Farmer or Rancher" © Not Applicable Definitions are provided below. For more information please go to this Web site: ht fp:/lwww. irltool. sc. agov. usda. go v/ The Landowner agrees that it is submitting this application in furtherance of the Entity's application to participate in the Agricultural Land Easement (ALE) component of the Agricultural Conservation Easement Program (ACEP). The Entity becomes a "Participant" in ACEP only if NRCS enters into an ALE -agreement with the Entity to provide cost -share assistance for the purchaseof Agricultural Land Easements, which may include the offered parcel. However, nothing in this application obligates the United States or the Entity to purchase all or any of the Agricultural Land Easements listed on the Parcel Sheets attached toEntity's application including this parcel. To identify and differentiate roles and responsibilities under ACEP should the application be funded, the undersigned Entity shall hereafter be referred to as the "Participants" and Landowners shall hereafter be referred to as "Landowners." The Participants and Landowners understand that unless an Entity is certified by NRCS, acquiring an Agricultural Land Easement prior to approval of the Agricultural Land Easement deed, appraisal, and title causes the Agricultural Land Easement be ineligible for ACEP cost -share assistance. An Entity may only be certified by the Chief of NRCS. The Participants and Landowners acknowledge that highly erodible land conservation/wetland conservation, adjusted gross income certifications, and member information for all landowners are on file with the appropriate USDA service center agency and are up to date The Landowner must complete and file Form CCC -901, "Member's Information", or its equivalent, if the Landowner is classified as a legal entity or joint operation by the U.S. Department of Agriculture (USDA) under 7CFR part 1400. The Farm Service Agency (FSA) must be timely notified in writing of any changes to the member's information provided, including changes in membership due to death or otherwise as provided in 7 CFR Part 1400. It is the responsibility of the Participants and Landowners to provide accurate data to support all items addressed in this application at the request of NRCS. Participants and Landowners acknowledge that NRCS is relying upon the veracity of the information submitted for purposes of awarding Federal funds and that the submittal of false information may be subject to criminal or civil fraud statutes. Entity Initial 12.❑- I certify that the Entity has its own cash resources to provide the Estimated Entity Non -Federal cash contribution to this ALE stated in 10.B. above. 13. - For non -certified entities: I, Entity, have provided Landowner a copy of the United States Secretsof Agriculture's required minimum deed terms and conditions for an Agricultural Land Easement.ry 14. - For certified entities: I, Entity, have provided Landowner a copy of the United States standard Right of Enforcement clause that must be included in the Agricultural Land Easement. Signature of Authorized Ent! epresentative Date La downer Initial 16. ❑ - I, Landowner, am aware that the United States has requirements that must be addressed in the Agricultural Land Easement deed as a condition of providing Federal funds for the acquisition of the easement. I have received a copy of the appropriate set of the United States required deed terms and conditions based on the Entity type indicated above (Item 13 or 14). Signature of Authorized Landowner Representative Date NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers. If you believe you experienced discrimination when obtaining services from USDA, participating in a USDA program, or participating in a program that receives financial assistance from USDA, you may file a complaint with USDA. Information about how to file a discrimination complaint is available from the Office of the Assistant Secretary for Civil Rights. U.S. Department of Agriculture Natural Resources Conservation Service NRCS-CPA-41A 12/2016 USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex (including gender identity and expression), marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, complete, sign and mail a program discrimination complaint form, available at any USDA office location or online at www.ascr,usda:r. ov or write to: USDA Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W. Washington, DC 20250-9410 Or call toll free at (866) 632-9992 (voice) to obtain additional information, the appropriate office or to request documents. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay service at (800) 877-8339 or (800) 845-6136 (in Spanish). USDA is an equal opportunity provider, employer and lender. Persons with disabilities who require alternative means for communication of program information (e.g., Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). PRIVACY ACT STATEMENT The following statements are made in accordance with the Privacy Act of 1974 (U.S.C. 522a). Furnishing this information is voluntary; however, failure to furnish correct, complete information will result in the withholding or withdrawal of such technical or financial assistance. The information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or otherState or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. This information collection is exempted from the Paperwork Reduction Act under 16 U.S.C. 3801 note and 16 U.S.C. 3846. i Parcel means a farm or ranch submitted for consideration for funding under ACEP-ALE. ii Landowner means a person, legal entity, or Indian Tribe having legal ownership of land and those who may be buying eligible land under a purchase agreement. The term Landowner may include all forms of collective ownership including joint tenants, tenants-in-common, and includes heirs, successors, assigns, and anyone claiming under them. State governments, local governments, and nongovernmental organizations that qualify as eligible entities are not eligible as landowners. iii The Secretary may not use ACEP funds for the purposes of acquiring an easement on lands owned by an agency of the United States, other than land held in trust for IndianTribes; and lands owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government, Such lands are ineligible for ACEP. iv Pending offer means a written bid, contract, or option extended to a Landowner by an eligible entity to acquire a conservation easement before the legal We to these rights has been conveyed for the purpose of: (1)The agricultural use and future viability, and related conservation values, of eligible land by limiting non- agricultural uses of that land; or (2) Grazing uses and related conservation values by restoring and conserving eligible land. v Agricultural land easement means an easement or other interest in eligible land that is conveyed for the purpose of protecting natural resources and the agricultural nature of the land, and of promoting agricultural viability for future generations, and perrnits the Landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as approved by the Secretary of Agriculture. A Purchase price means the fair market value of the agricultural land easement as determined by an NRCS approved methodology, minus the Landowner donation. vii Landowners shall not donate any part of Federal share or non -Federal cash contribution back to the entity as a condition of purchase or closing. U.S. Department of Agriculture NRCS-CPA-41A Natural Resources Conservation Service 1212016 viii Limited Resource Farmer or Rancher — The term "Limited Resource Farmer or Rancher• meanseither: (1)(i) A person with direct or indirect gross farm sales not more than the current indexed value in each of the previous two fiscal years (adjusted for inflation using Prices Paid by Farmer Index as compiled by National Agricultural Statistical Service), and (ii) Has a total household income at or below the national poverty level for a family of four, or less than 50 percent of county median household income in each of the previous two years (to be determined annually using Commerce Department Data); or (2) A legal entity or joint operation if all individual members independently qualify under paragraph (1). A legal entity or joint operation can be a Limited Resource Farmer or Rancher only if all individual members independently qualify. A Self -Determination Tool is available to the public and may be completed on-line or printed and completed hardcopy at: http://www.irftool.sc.egov.usda.gov/ ix Beginning Fanner or Rancher— The term 'Beginning Farmer or Rancher" means an individual or legal entity who: (1) Has not operated a farm or ranch, or who has operated a farm or ranch for not more than 10 consecutive years and who will materially and substantially participate in the operation of the farm or ranch. This requirement applies to all members of a legal entity. (2) In the case of an individual, individually, or with the immediate family, material and substantial participation requires that the individual provide substantial day-to-day labor and management of the farm or ranch consistent with the practices in the county or State where the farm is located. (3) In the case of a legal entity or joint operation, all members must materially and substantially participate in the operation of the farm or ranch. Material and substantial participation requires that each of the members provide some amount of the management or labor and management necessary for day-to-day activities, such that if each of the members did not provide these inputs, operation of the farm or ranch would be seriously impaired. x Socially Disadvantaged Farmer or Rancher — The term "Socially Disadvantaged'an individual who is a member of a group whose members have been subjected to racial or ethnic prejudices without regard to its members' individual qualities. For an entity, at least 50 percent ownership in the business entity must be held by socially disadvantaged individuals.A socially disadvantaged group is a group whose members have been subject to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. These groups consist of the following: • American Indians or Alaskan Natives • Asians • Blacks or African Americans • Native Hawaiians or other Pacific Islanders • Hispanics. Note: Gender alone is not a covered group for the purposes of NRCS conservation programs. The term entities reflect a broad interpretation to include partnerships, couples, legal entities, etc. A Veteran Farmer or Rancher— The term "Veteran Farmer or Rancher" means a farmer or rancher who: • Served in the active military, naval, or air service, and • Who was discharged or released from the service under conditions other than dishonorable, and • Who has not operated a farm or ranch; or has operated a farm or ranch for not more than 10 consecutive years. A legal entity or joint operation can be a Veteran Farmer or Rancher only if all individual members independently qualify. H 07 a I - IL c 0 'w 2 c O 9 c O z z 0 a O LL z m W g m Eq -j LJ U [j Li �JLJ 40P 4* Li Li m c 'g C u c a LL •Q W 7 A CCc 0 V a A t7 'a al W' I d s 'g w O E m � m � o � 7 v � L 0 O � s F 8 j 2 2 ( _ � 0% j a $ L11 U e _ � # § � » �§£ u L L L w o �1 _ 1 140 _ 4* _ « /LLL § b ©: e 2 cy 0 U @ � £ 2 o § 40_ lu 2 _ _ ■ � 0 40e k 0 0 7 °00 ©UJ 0 C;° 00 ■ § j k a■ r r§ U ■ 2 a 2 ' ■ ® � _ - z & 0 ul �LL /Li Lil Li ® ® o ® ® § ® ® U. 0 19 2 / 0 k § § f : _ 102� § w � � � if- w e _ # � § � � ■ § z C', � 0IL & V ■ - - � § § § 16 § 9 E 2 12 z P o B ■ OMB Number: 4040-0007 Expiration Date: 01131/2019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, If appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests In real property acquired for project purposes regardless of Federal participation in purchases. - 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (ED) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with ED 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C_ §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 at seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(8) of the Trafficking Victims Protection Act (NPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL j TITLE Corporate Counsel APPLICANT ORGANIZATION DATE SUBMITTED Forterra NW 07/18/2018 standard Form 424B (Rev. 7-97) Back OMB Number. 4040-0004 Expiration Date: 8/31/2016 Application for Federal Assistance SF -424 " 1. Type of Submission: ` 2. Type of Application: " If Revision, select appropriate letter(sy ® Preapplication ® New Application [] Continuation `other (Specify): ❑ Changed/Corrected Application F-1 Revision " 3. Date Received: 4. Applicant Identifier. 07/18/2018 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by Stale: 7.. State Application Identifier i a. APPLICANT INFORMATION: ` a. Legal Name: Forterra WW " b. Employer/raxpayer Identification Number (EINITIN): ` c. Organizational DUNS: 94-3112461 0900206160000 d. Address: ' Streat1: 901 Fifth Avenue Street2: Suite 2200 ' City: Seattle County/Parish: lKing " State: WA: Washington Province: 'Country: USA. UNITED STATES " Zip / Postal Code: 98164 a. Organizational Unit: Department Name: Division Name: f. Name and contact Information of person to be contacted on matters involving this application: Prefix: Mr ' First Name: Adam - Middle Name: ` Last Name: Draper - Suffix: Title: lCorporate Counsel Or`ganizational Affiliation: � *Telephone Number. 2069056956 Fax Number. `Email: adraper®forterra_org Application for Federal Assistance SF -424 " 9. Type of Applicant 1: Select Applicant Type: IM: Nonprofit with 5o1C3 IRS Status (other than institution of Higher Education) Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ' Other (specify): ` 10. Name of Federal Agency: Department of Agriculture-NRCS 11. Catalog of Federal Domestic Assistance Number: 10.931 CFDA Title: ACEP • 12. Funding Opportunity Number: • Title: ACEP-ALE 13. Competition Identification Number: 1 Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment ' 15. Descriptive Title of Applicants Project: Permanent conservation of the 273 -acre "Hairpin Ranch" to protect its critical agricultural and ecosystem values. Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments j View Attachments Application for Federal Assistance SF-424 16. Congressional Districts Of- . a. Applicant wA- 07 ` b. Program/Project wA- 06 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment r View Attachment 17. Proposed Project: 'a. Start Date: os/15/zola ' b. End Date: o4/a1/2o21 18. Estimated Funding (S): • a. Federal 937, 500.00 • b. Applicant * c. State 937, 500.00 ' d. Local " e. Other " f. Program Income •g. TOTAL 1,875,000.00 ` 19. Is Application Subject to Review By State Under Executive Order 12372 Process? n a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O.12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) n Yes ® No If "Yes", provide explanation and attach Add Attachment I Delete Attachment . View Attachment 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terns if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® ••IAGREE " The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: iMr • First Name: Adam Middle Name: ` Last Name: Draper Suffix: "Title: Corporate Counsel • Telephone Number. 206-905-6956 Fax Number. "Email: adrapereforterra.org ` Signature ofAuthorized Representative: 'Date Signed: 07/05/2018