HomeMy WebLinkAbout2022-11-28-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday November 28, 2022 - 1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Citizen Comments (1 min. time limit)
3. Search and Rescue Architectural Contract Discussion
4. Black Horse at Whiskey Creek Update
5. 2023 Road Standards Review Committee Discussion
6. Bureau of Reclamation Environmental Assessment Kachess Dam Comment Response
Discussion
7. Public Access of Kittitas Lands Discussion
8. Other business
9. Concluded
Created on 11/21/2022 10:33:42 AM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109
Regular Meeting
MONDAY 1:54 PM November 28, 2022
Board members present: Vice -Chairman Cory Wright, and Commissioner
Brett Wachsmith
Others: Mark Cook, Arden Thomas, Rebecca Cruse, Public Works; Dan
Carlson, Jessica Miller, Toni Berkshire, Jeremiah Cromie, Jeremy
Larson, Chace Pederson, Kelly Bacon, Community Development Services;
(2) Members of Public.
At 1:54 pm Vice -Chairman Cory Wright opened the Public Works Study
Session.
No Citizens Comments
SEARCH AND RESCUE ARCHITECTURAL CONTRACT DISCUSSION
Mark Cook briefed the Board of County Commissioners on the multiple
components that are affecting the Search and Rescue Facility. Mark
Cook stated that the facility has grown in scope from initial
proposal and expansion includes an Emergency Command Center within
the facility. Mark Cook added that the county is obligated the $1.2
million from congressional spending and a minimum of $2 million is
predicted to build a shell of the facility and build out the rest in
phases spread through several years. Mark Cook requested Board
direction on this project moving forward. Vice -Chairman Cory Wright
requested a special session be scheduled with staff.
BLACK HORSE AND WHISKEY CREEK UPDATE
Mark Cook briefed the Board of County Commissioners on the data
loggers from Black Horse Ponds. Mark Cook stated that currently, the
ponds are functioning as designed with the exception to Pond 3 and DR
Horton is prepping ponds to begin a 2 -year monitoring period. Mark
Cook shared an update on the status of the interior roads at the
Black Horse development and 90% of the paved roads have passed
requirements to be established onto the county road system.
2023 ROAD STANDARDS REVIEW COMMITTEE DISCUSSION
Mark gave background on past review of the County Road Standards and
stated that in 2018 KPG evaluated the road standards and that the
review committee in 2018 had several splits due to illness and the
pandemic. Mark Cook added that staff had a renewed interest and
requested Board of County Commissioners support to organize the
2022-11-28 MINUTES
committee again to receive input from key contributors. Staff was
directed to move forward as presented.
BUREAU OF RECLAMATION ENVIRONMENTAL ASSESSMENT KACHESS DAM COMMENT
RESPONSE
Mark Cook reviewed the Environmental Assessment comments by the
Bureau of Reclamation for Kachess Dam projected and briefed the Board
of County Commissioners. Discussion was held. Vice -Chairman Cory
Wright will reach out to engage in conversation with the Bureau of
Reclamation.
PUBLIC ACCESS OF KITTITAS LANDS DISCUSSION
Arden Thomas briefed the Board of County Commissioners on the intent
to manage the lands acquired for Floodplain management for public
access. Arden Thomas suggested staff draft a stewardship plan for
Board approval and build upon existing Kittitas County Code Chapter
9.50 to address firearms use and hunting. Discussion was held. Staff
was directed to engage the Public Lands Committee for input.
Meeting concluded at 2:37 pm
IR ecca Cruse, Administrative
Assistant
2022-11-28 MINUTES
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Vice -Chairman
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: November 28, 2022
TOPIC: Search and Rescue Architectural Contract
ACTION REQUESTED: Direct Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Decide on search and rescue building construction by December 16, 2022.
BRIEFING SUMMARY:
• BORA architects have completed a preliminary building design for the proposed
search and rescue building with an Emergency Operations Center in Cle Elum.
• PW has completed initial site design for the facility.
• PW desires a decision on going to construction as the Sheriffs Office has
finalized the building floor plan.
• Energy code will change on July 1, 2023, eliminating the potential to heat the
building with natural gas.
• PW has stalled full implementation of BORA's design contract using a portion to
get where we are currently.
• BORA's full fee is estimated at approximately $400,000.
• Probable building costs could range from $4.5 million to $6 million, including site
development, and current market demands.
• The county is still in position to receive $1.2 million in a congressionally directed
spending request.
BACKGROUND:
PW was noticed of a congressionally directed spending request spring of 2022. The $1.2
million request is wound into pending budget resolution in the house and senate. In April
2022 the Board authorized PW to negotiate a scope of work and fee with BORA
Architects for building design. PW elected to initially authorize building schematic
design only to better define probable total design fees and building costs.
DISCUSSION:
The time window for completing final design, soliciting bids, and pulling a building
permit (prior to pending changes in the energy code) is closing. BORA is affirming that
they can deliver plans, specifications and estimates in time to secure building permits
ahead of the pending energy code change. The code will eliminate the ability using
natural gas for heat supply. Alternative energy sources are anticipated to further inflate
Page 1 of 4
Public Works "Work Session Staff Report", 2022
estimated building costs. Currently, final design fees are expected in the low $400,000
range with two separate construction options. Option one is to build the complete shell
(emergency operations center (EOC) and search and rescue storage bay) and to fully
build out the EOC. This option is estimated at $3.7 million (design and construction).
The second option is to go all in and buildout both operational areas for an estimated total
amount of $4.8 million. The economy, supply chain issues and interest rates are
significant unknowns. BORA is recommending a contingency of 30% be considered in
the budget to account for these unknowns at this time. PW is currently utilizing 15%
contingency on our design/construction projects. The impact of the suggested 30%
contingency inflates the two cost proposals to: $4.6 and $5.9 million respectively.
Control of the House of Representatives is expected to change to Republican. While the
majority is likely small (one short of control today with 13 seats undecided), the impact
on finalizing proposed budgets is unknown. The Senate will remain Democratic.
Congresswoman Schrier has been reelected. Her $1.2 million earmark remains in budget
legislation. This represents approximately 25% (25 percent) of total project cost.
PW has resolved onsite septic location and preliminary drain field sizing with assistance
from the Health Department. Water supply requires additional effort. It is unknown if
PW will be able to satisfy the Health Department on water availability certification ahead
of the June building permit deadline.
FISCAL IMPACTS:
Multiple cost implications. A low estimate of $4.6 million with a high estimate of $5.9
million. Design fees are anticipated in the low $400,000 range. Representative Schrier
has placed a $1.2 million earmark in pending budget legislation.
ATTACHMENTS:
EXHIBIT 1: BORA cost range sheet dated November 8, 2022.
EXHIBIT 2: BORA schematic design documents
Page 2 of 4
Public Works "Work Session Staff Report", 2022
EXHIBIT 1: BORA cost range sheet dated November 8, 2022
Page 3 of 4
Public Works "Work Session Staff Report", 2022
November 8, 2022
Emergency Operations Center & Vehicle Storage Facility
Kittitas County Search and Rescue
PRELIMINARY PROJECT BUDGET
Budget Range
Estimated Construction Cost
Low
High
Site Work (NOT including public utility infrastructure)
$400,000
$650,000
EOC Building 4,845 sf
$300 $/sf
$1,453,500
$350 $/sf
$1,695,750
Vehicle Bays 6,025 sf
$175 $/sf
$1,054,375
$225 $/sf
$1,355,625
Sub Total 10,870 sf
$268 $/sf
$2,907,875
5341 $/sf
53,701,375
Sales Tax @ 8.1% on Construction Costs
$235,538
$299,811
Construction Contingency @ 5%
$145,394
$185,069
Sub Total
$303 $/sf
$3,288,807
$385 $/sf
$4,186,255
Consultant Services
Architectural/Engineering Fees
$300,000
$350,000
Electrical Engineering Extra Services, Estimated
$15,000
$30,000
Civil Engineering, Estimated
$25,000
$50,000
Landscape Architecture, Estimated
$3,500
$4,000
Mise. Expenses (Document Printing, Consultant Travel, etc.)
$2,500
$5,000
Sub Total
$346,000
$439,000
Other Costs
Planning Approval Fees (SEPA& Cond. Use)
$2,500
$3,000
Plan Review and Building Permit
$15,000
$20,000
Water Main & Fire Hydrants Connection Fees
$4,000
$6,000
1" Domestic Water Connection Fee
$2,000
$3,000
Water Systems Inspections (By City)
$750
$750
Natural Gas Connection Fee
$0
$0
Pacific Power Connection Fee
$12,000
$15,000
Construction Testing (under separate contract)
$15,000
$20,000
*Signage
$10,000
$15,000
*Furnishings Allowance
$35,000
$75,000
*Appliance/Equipment Allowance
$5,000
$10.000
*Other (honer Expenses
1 11 ""
Sub Total
5108,750
$182,750
Project Grand Total
$3,743,557
$4,808,005
Current Market Contingency n 30'9
$872,363
Project Total w/ Current Market Contingency
$4,615,919
$5,918,418
Note: "*" Indicates Owner budgeted Items
EXHIBIT 2: BORA schematic design documents
Page 4 of 4
Public Works "Work Session Staff Report", 2022
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: November 28, 2022
TOPIC: Black Horse at Whiskey Creek Update
ACTION REQUESTED: Direct Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
None. Informational briefing.
BRIEFING SUMMARY:
• D R Horton is seeking final occupancy on multiple housing units within the next
30 days.
• The status of road dedications is unresolved at the time of this briefing.
• Initial compaction testing results do not warrant adoption onto the public road
network.
• The operational status of Pond 3 remains in doubt.
• The required two-year monitoring period for stormwater pond performance has
not yet begun.
BACKGROUND:
D R Horton elected to pave the first lift of asphalt last December against PW direction. A
second lift was placed earlier this year without Public Works (PW) inspection. Recent
pavement compaction testing reveals a failure rate of approximately 80 percent. Pond 3
demonstrated failure for the majority of 2022. PW has an agreement with D R Horton
and the Ellensburg Water Company that prohibits further development south of 29`h
Avenue until stormwater pond performance is affirmed.
DISCUSSION:
At the time of this briefing, only 291h Avenue is being considered for public road status.
PW believes bringing 29`h Avenue onto the public system is in the best interest of the
City of Ellensburg. Without a majority of the remaining street system substantially
meeting required compaction, PW will recommend denial for the roads being brought
onto the public road system. An option would be to have the failing roads reconstructed.
PW is awaiting arrival of pond monitoring data from D R Horton. The data will assist
PW determine how best to manage the apparent failure of Pond 3. The pond has
reflected groundwater impact since spring 2022. Once PW has analyzed pond
Page I of 2
Public Works "Work Session Staff Report", 2022
monitoring data, we will work with D R Horton resolving pond design issues allowing
for the start of pond performance monitoring.
FISCAL IMPACTS:
Undetermined at this time.
ATTACHMENTS:
None.
Page 2 of 2
Public Works "Work Session Staff Report", 2022
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: November 28, 2022
TOPIC: 2023 Road Standards Review Committee
ACTION REQUESTED: Direct Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Affirm Public Work's decision formulating an informal group of stakeholders to review
proposed changes to Public Work's Road Standards.
BRIEFING SUMMARY:
• The Board of County Commissioners gave direction formulating an informal
review committee in 2018.
• Solicitation resulted in the following makeup of informal reviewers: one local
representative from an engineering firm, one land developer and one land use
planner.
• The effort in 2019 stalled and Public Works (PW) now desires reformulating an
informal group of stakeholders to vet our proposed changes to County Road
standards.
• A need to complete review of urban standards is being driven by the Board's
pending June 2023 adoption of an interlocal agreement with the City of
Ellensburg adopting common regulations in the city's urban growth area.
• Recently, two community leaders have stepped forward offering their review
services to PW.
BACKGROUND:
The 2019 review committee provided guidance on driveway access standards that PW
took through the county's comprehensive code amendment process. An illness to a
committee member stalled the effort until now. The Board and the City of Ellensburg
desire having common PW road standards for adoption by June 30, 2023. Urban
standards are ready for committee review and recommendations are expected at the close
of first quarter 2023.
Page 1 of 3
Public Works "Work Session Staff Report", 2022
DISCUSSION:
PW recommends an informal committee of road standards reviewers comprised on the
following stakeholders:
• Land Developer
• Land Use Planning Consultant
• Local Engineering firm
• Local Attorney and Land Use Developer
• Local Realtor
• County Engineer
• Public Works Director
The group will begin resolving urban standards assisted by the City Engineer of
Ellensburg. The informal committee will advise PW without the need to formulate as a
committee of the Board. The standards were completely revised in 2018 using consulting
services from KPG (PW Civil Consulting roster). At a recent meeting between City of
Ellensburg and County staff, it was decided to include the City Engineer for urban
standards review. This will facilitate finalization of urban standards acceptable to the city
for inclusion into pending Interlocal Agreement adoption for Ellensburg urban growth
area land use management.
FISCAL IMPACTS:
None anticipated other than budgeted staffing time in the adopted 2023 PW
administration budget.
ATTACHMENTS:
EXHIBIT 1: TIMELINE
Page 2 of 3
Public Works "Work Session Staff Report", 2022
EXHIBIT 1: TIMELINE
January 2023: Formulate committee and review urban standards
February 2023: Develop recommendation to PW on urban standards
March 2023: Develop recommendation to PW on rural standards
April 2023: Finalize rural standards proposal
May 2023: Propose standards to the Planning Commission
June 2023: Adopt revised road standards
Page 3 of 3
Public Works "Work Session Staff Report", 2022
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: November 28, 2022
TOPIC: Bureau of Reclamation Environmental Assessment Kachess Dam
Comment Response
ACTION REQUESTED: Direct Staff
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Contact the Bureau's regional engineer assigned to the integrated plan for a discussion
about future county comments on pending Bureau actions.
BRIEFING SUMMARY:
• The Board of County Commissioners (Board) recently provided comments on the
proposed environmental assessment for Kachess Dam retrofits proposed by the
United Stated Bureau of Reclamation (Bureau).
• Bureau comments have been issued.
It appears there is a need for discussion with the Bureau regarding Board
expectations.
BACKGROUND:
In spring 2022, PW assisted the Board compiling a set of comments on the Bureau's
proposed retrofits to the Kachess Dam. The Bureau recently issued a finding of no
significant impact on proposed dam modifications (FONSI). The finding is provided as
EXHIBIT 1 to this briefing.
DISCUSSION:
The Board's comments to the Bureau and the Bureau's response to those comments
appears as EXHIBIT 2. The Bureau's response appears to lack sensitivity towards Board
stated concerns. Of most concern is the verbose response to the Board's request for
targeted public outreach. The provided response does not appear to contemplate the
unique nature of the relationship of the Board with the Bureau when advocating for
Integrated Plan priorities impacting county electorate. It may be appropriate to discuss
Board expectations for future such endeavors with the Bureau's regional engineer
assigned to the integrated plan.
FISCAL IMPACTS:
None.
Page 1 of 4
Public Works "Work Session Staff Report", 2022
ATTACHMENTS:
EXHIBIT 1: FINDING OF NO SIGNIFICANT IMPACT
EXHIBIT 2: BUREAU RESPONSE TO COUNTY COMMENTS
Page 2 of 4
Public Works "Work Session Staff Report", 2022
EXHIBIT 1: FINDING OF NO SIGNIFICANT IMPACT
Page 3 of 4
Public Works "Work Session Staff Report", 2022
US Department of the Interior
Bureau of Reclamation
Columbia -Pacific Northwest Regional Office
Boise, Idaho
FINDING OF NO SIGNIFICANT IMPACT
Kachess Dam Safety of Dams Modification Project
Easton, Washington
TALMADGE
OXFORD
Talmadge Oxford
Area Manager
Columbia -Cascades Area Office
FONSI Number: PN-FONSI 22-07
Digitally signed by TALMADGE
OXFORD
Date: 2022.09.22 11:07:04 -07'00'
Date
Mission Statements
The Department of the Interior protects and manages the Nation's
natural resources and cultural heritage; provides scientific and other
information about those resources; and honors its trust
responsibilities or special commitments to American Indians, Alaska
Natives, and affiliated island communities.
The mission of the Bureau of Reclamation is to manage, develop, and
protect water and related resources in an environmentally and
economically sound manner in the interest of the American public.
Kachess Dam Safety of Dams Modification Project
Final Environmental Assessment
Proposed action: Reclamation is proposing to reduce the risk of dam failure by performing
the following improvements: constructing an access road, preparing the
site, developing staging areas to support construction and long-term
maintenance, extending and lining the conduit, installing a diaphragm filter
around the conduit and a stability berm on top of the filter, and installing
an auxiliary drain below the outlet channel. Temporary disturbance during
construction would include approximately 11 acres of surface disturbance.
Permanent disturbance would include approximately 4 acres of permanent
surface disturbance.
Lead agency: Bureau of Reclamation, Columbia -Pacific Northwest Region 9, Columbia -
Cascades Area Office
Responsible official: Area Manager, Bureau of Reclamation, Columbia -Pacific Northwest
Region 9, Columbia -Cascades Area Office
Coordinating agencies: United States Army Corps of Engineers
United States Fish and Wildlife Service
Washington Department of Ecology
For further information,
contact: Candace McI{inley
Environmental Program Manager
Bureau of Reclamation, Columbia -Cascades Area Office
1917 Marsh Rd.
Yakima, WA 98901
cmckinley@usbr.gov
Kachess Safety of Dams Final Environmental Assessment
2
Table of Contents
Chapter Page
Finding Of No Significant Impact.......................................................................................
Introduction........................................................................................................................
Alternatives..........................................................................................................................
Summary of the No Action Alternative .............................................
Summary of the Proposed Action .......................................................
Summaryof Impacts..................................................................................
Environmental Commitments ....................................... :..........................
.
Finding of No Significant Impact.............................................................
....................... 3
................................................ 7
Kochess Safety of Dams Final Environmental Assessment
..................... 9
...............................10
Finding Of No Signaf leant impact
Introduction
In compliance with the National Environmental Policy Act of 1969, the Bureau of Reclamation
(Reclamation) prepared this Kachess Safety of Dams (SOD) Modification Project Environmental
Assessment (EA) to assess the potential consequences of a proposed modification to Kachess Dam
and its appurtenant spillways in the Yakima River basin in west -central Washington.
Kachess Dam, located about 14 miles northwest of Cle Elum, Washington, was constructed
between 1910 and 1912. The dam was completed in 1912 to increase the storage capacity in an
existing natural lake. Along with Keechelus Dam to the west and Cle Elum Dam to the east,
Kachess Dam forms one of the upper basin storage reservoirs of the Yakima Project.' The 115 -foot -
high, 1,400 -foot -long, earth -filled Kachess Dam created a reservoir with an actively managed
capacity of 239,000 acre-feet.z The reservoir typically fills in the winter and spring. It is used for
irrigation and fisheries -enhancement purposes in the summer and fall. Reclamation owns and
operates the dam; the Yakima Field Office of the Columbia -Cascades Area Office is the entity
responsible for operations.
Reclamation has identified seepage and internal erosion issues through the dam embankment along
the outlet works conduit, which conveys water from the reservoir to the Kachess River downstream.
As reservoir water levels rise, water begins to seep in the downstream end of the conduit. The
seeping water begins to scour and erode the outlet works, creating voids or holes within the dam.
The eroded materials leave the conduit and are deposited into the toe drain—or the "horseshoe"'
drain—surrounding the downstream end of the conduit or into a large repository formed by
continuous existing voids in the conduit.
As erosion intensifies, water continues to seep, and sinkholes appear in the downstream base of the
dam. Combined with the pressure of the water in the reservoir behind the dam, these existing voids
can crack or expand, further impacting the dam's integrity. In other words, water seeping through
the dam embankment and the soils surrounding the conduit carries soil materials with it and leaves
behind voids, which impact the dam's stability. This internal erosion creates a risk of potential dam
failure.
I In 2013, the Washington legislature authorized funding for the initial development phase of the Yakima Basin
Integrated Plan, a consensus -based effort to assure sustainable water supplies for families, farms, and fish in the Yakima
River basin over the next 30 years. Projects and activities outlined in the plan's fust phase are designed to quickly
improve streamflows, habitat, and fish passage, and secure water for farms, cities, and industry, especially during times of
drought and in response to climate change.
2 A reservoir is a managed surface water system, consistent with terminology used by Reclamation. Specifically,
Reclamation defines "reservoir" as "[al body of water impounded by a dam and in which water can be stored. Artificially
impounded body of water. Any natural or artificial holding area used to store, regulate, or control water. Body of water,
such as a natural or constructed lake, in which water is collected and stored for use." Accordingly, Reclamation refers to
the waterbody behind the dam as Kachess Reservoir.
3 "Horseshoe" is a design term based on the shape and configuration of the drain.
Kachess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
As a result, Reclamation began investigating Kachess Dam to understand the extent of the safety
risk it presents under the Dam Safety Priority Rating (DSPR) system. This system provides a means
for Reclamation to establish the urgency of risk management activities and the relative priority of
these actions within the overall inventory of dams. Kachess Dam was previously designated as a
DSPR 3 facility (moderate to high priority). This category is reserved for annualized life loss risks or
failure probabilities estimated to be moderate to high with generally moderate to high confidence.
Based on Reclamation's recent investigations, the dam is now judged to be in the DSPR 2 category
(urgent priority). This category is used for situations where expedited action to reduce the risk of
failure may be appropriate. A timely transition into the final design process will help ensure a long-
term risk reduction without delay.
With this rating change, Reclamation has determined that, although the estimated risk is high, the
dam's overall condition is good for its age with no significant adverse performance to date; further,
the responsible office does a good job of monitoring the dam and responding to any concerns in a
timely manner. However, the risk of failure is comparatively high such that timely modification of
the dam is necessary. The primary reason is that, while the dam is currently stable, seepage in the
areas of concern is both quantifiable and predictable over the normal operating range. The
recommended interim risk reduction action is therefore focused on enhanced performance
monitoring. The need for additional interim risk reduction actions will be revisited if conditions
change prior to the completion of the dam safety modification.
Accordingly, to prevent eroded soils from exiting the dam, Reclamation is proposing this project to
filter and monitor the seepage. Reclamation's primary project goals are to limit internal erosion and
decrease the risk of dam failure with moderate certainty; its secondary project goal is to limit impacts
on fish and irrigation.
The purpose of and need for the proposed project include
1. Implementing cost-effective measures to reduce the risks, per Reclamation's Public
Protection Guidelines
2. Maintaining water deliveries to irrigation districts, tribes, and others throughout the Yakima
River basin
3. Minimizing impacts on the environment
4. Maintaining water flows for endangered species
As part of its SOD program mission, Reclamation is committed to ensuring its dams do not present
unacceptable risk levels to people, property, and the environment. These requirements result in a
need for Reclamation to implement corrective action to bring static and hydrologic risks at Kachess
Dam below public protection guidelines, while minimizing impacts on the environment.
Alternatives
This EA analyzed two alternatives: the No Action Alternative and the Proposed Action Alternative
(Proposed Action).
Kachess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
Summary of the No Action Alternative
Under the No Action Alternative, there would be no structural or operational changes to Kachess
Dam or the spillway. Reclamation would not prepare the site or the access road and would not
extend and line the conduit. Reclamation also would not install a filter or a stabilization berm.
Accordingly, the dam and spillway would not be improved, and no changes to the operation of
Kachess Dam would occur.
Without action, the seepage and internal erosion issues through the dam embankment along the
outlet works conduit, which conveys water from the reservoir to the Kachess River downstream,
would continue (see Figure 2-1, No Action, in Appendix A). Soil materials carried by the seepage
would leave behind voids within the embankment. This internal erosion would perpetuate a risk of
potential complete dam failure.
As stated above, as part of its SOD program mission, Reclamation is committed to ensuring its
dams do not present unacceptable risk levels to people, property, and the environment. These
requirements result in a need for Reclamation to implement corrective action to bring static and
hydrologic risks at Kachess Dam below public protection guidelines, while minimizing impacts on
the environment. Thus, this alternative would not meet the purpose of, or need for, Reclamation's
action.
Summary of the Proposed Action
Reclamation proposes to reduce the risk of dam failure by performing the following improvements:
• Constructing an access road
• Preparing the site
• Developing staging areas to support construction and long-term maintenance
• Extending and lining the conduit
• Removing the weir
• Installing a diaphragm filter around the conduit and a stability berm on top of the filter
• Installing an auxiliary drain below the outlet channel
The modified embankment dam, stability berm, and outlet works would resemble a T-shaped
mound.
Reclamation does not anticipate reservoir -level restrictions to occur. Also, Reclamation would time
construction of the extension and lining of the outlet works to avoid major issues with water
deliveries. Currently, Reclamation plans to comply with maintaining minimum flows through the
dam throughout the project, as established through negotiations with several stakeholders, including
the Washington Department of Fish and Wildlife, Confederated Tribes and Bands of the Yakama
Nation, United States Fish and Wildlife Service (USFWS), National Marine Fisheries Service
(NMFS), and various irrigation districts.
Kachess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
Reclamation is prepared to have up to four 6- to 12 -hour conduit outages for installing the new
elements of the outlet works. During these outages, Reclamation would plan to maintain at least 10
cubic feet per second (cfs) of minimum flows in the Kachess River. Reclamation would do this
either by relying on passing water over the spillway or by pumping water into the river when the
reservoir is above 2,245 feet, which occurs for most of the time in most water years.
To increase the likelihood of providing 10 cfs to the Kachess River during the four conduit outages
via the methods listed above, Reclamation would rely on the following strategies:
• Time outages to coincide with times when the spillway can provide water
• Provide incentives to the contractor to limit the duration and/or frequency of outages
• Secure the necessary materials before 2024 to facilitate rapid installation while eliminating
the potential for schedule impacts from availability or shipping issues
• Communicate with the NMFS and USFWS early and often about reservoir and water year
predictions
In addition, if Reclamation's plan to employ pumps to maintain minimum flows when passing water
over the spillway is not possible, Reclamation would employ pumps in the following fashion:
• Place pumps in the intake of the spillway or on the dam crest.
• Maintain pumps to ensure risks are not imposed on the reservoir and the dam.
• Propose to use two pumps with a capacity of 5 cfs each. Reclamation would require
redundancy to limit any risk associated with pump outages and shutdowns. With
redundancy, there would be an estimated four pumps (two primary and two backup pumps).
• Include NMFS-compliant fish screens with the pumps.
• Place intake lines in a way to limit effects on the dam face and reservoir bed.
If Reclamation is not able to either pass water over the spillway or pump during one of the four
possible conduit outages, no flow from the reservoir would be released for up to 6 to 12 hours
during that period; however, seepage from the dam and groundwater recharge would continue. In
such a potential event, Reclamation estimates that stopping releases from the reservoir (at 30 cfs) for
6 to 12 hours would result in Kachess Reservoir holding approximately 30 acre-feet of water. This
could result in a temporary increase in the reservoir's elevation by approximately 0.005 inches in one
such event. This change in water level is outside the accuracy of water surface elevation instruments.
If necessary, the Keechelus Reservoir would be used to compensate for water deliveries; accordingly,
Keechelus Reservoir would have to release an extra 30 acre-feet of water, which would lower the
reservoir level by approximately 0.005 inches.
During a conduit outage without supplementing water via the spillway or pumping, the construction
contractor would adhere to a dewatering plan. A draft plan is provided in Appendix C of the
biological assessment (BA). Reclamation will finalize the plan in coordination with the USFWS,
NMFS, and other state agencies closer to the actual event, when water levels can be forecasted.
Information regarding fish handling and removal is also provided in the dewatering plan and
discussed under Conservation Measures and Analysis in the NMFS's Endangered Species Act
Kachess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
Section 7(a)(2) Biological Opinion (BO) and Magnuson—Stevens Fishery Conservation and
Management Act Essential Fish Habitat Consultation for the Kachess Dam Safety of Dams
Modification, Kittitas County, Washington (NMFS BO; NMFS 2022).
Over the course of the project, Reclamation anticipates that the maximum disturbance area would
be approximately 11 acres, with 4 acres of permanent disturbance because of the project. For the
other 7 acres that would be reclaimed, all earth areas capable of supporting vegetation, which the
project has exposed or disturbed, would be graded to a stable grade and revegetated. Where seeding
is expected to have a high probability of success, the site would be seeded with a suitable native seed
mix and protected from erosion with weed -free mulch or other suitable biodegradable erosion -
control protection. Reclamation would collaborate with the US Forest Service on revegetation
practices to develop the revegetation plan, with input from the Washington Department of Fish and
Wildlife and the US Army Corps of Engineers.
Construction is expected to occur between April 2023 and July 2025. Construction sequencing
would occur as follows:
• Phase 1: During the first phase of construction (April to October 2023), Reclamation would
work on developing the access road and contractor use areas. Accordingly, this phase of
construction would involve clearing and grubbing of trees on the site. Reclamation plans to
work on tree clearing, chipping, and shredding between May and June 2023.. Reclamation
would haul trees to a designated US Forest Service lot. Hauling would occur between June
and July 2023. Access road construction would occur from July to early October 2023.
Contractor use areas would be developed from May to July 2023.
• Phase 2: During the second phase of construction Qanuary 2023 to July 2025), Reclamation
would focus on fabrication and delivery of pipes to the project area. It also would work on
replacing the outlet works. Excavating the foundation for the conduit extension would occur
between January and February 2024. Reclamation would expect sand delivery to occur in
May 2024, but this schedule could be revised closer to the actual construction. The
remaining elements would occur after May 2024, with refinements to this schedule occurring
closer to the actual construction date.
Other details related to site preparation and construction can be found in the USFWS's ESA Section
7(a)(2) BO Habitat Consultation for the Kachess Dam Safety of Dams Modification, Kittitas
County, Washington (USFWS BO; USFWS 2022)
Summary of Impacts
Reclamation's resource specialists analyzed and reviewed 16 resources. The following eight resources
were eliminated from full consideration in the EA: utilities, recreation, Indian trust assets, sacred
sites, land use, environmental justice, public health and safety, and visual resources. The rationale for
their exclusion can be found in Section 2.4 of the EA. In addition, resource reports on these
resources are included in Appendix B of the EA. There would be a range of effects on the other
eight resources, as summarized below.
Kochess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
Air Resources—There would be temporary and localized fugitive dust, greenhouse gas
emissions, and other air pollutants. Reclamation would minimize these using standard dust
control and other best management practices (BMPs). These measures are described in
Chapter 3 and Appendix B of the EA. There would be no significant effects.
Water Resources—There would be the potential for decreased water quality, increased
sedimentation, and the potential for impacts on flows during modification of the conduit.
There would be no significant effects on the dam's ability to meet water demands.
Reclamation would mitigate other effects through design features, BMPs, and other
environmental commitments. The project would require a Clean Water Act (CWA) 404
permit and possibly a CWA 401 water quality permit, as well as an associated dewatering
plan, erosion -control plan, revegetation plan, and BMPs. Reclamation's Joint Aquatic
Resources Permit Application QARPA) form includes a copy of the revegetation plan,
prepared by the US Forest Service Region 6 Restoration Services Team.
Revegetation techniques for this project would be guided by a restoration approach
developed by the Federal Highway Administration, the US Forest Service, and other
collaborators. Plant material would be collected from the appropriate provisional seed zone
to ensure the use of locally adapted, genetically appropriate native plants in the project area.
Parallel to the wetland, planting would occur in a higher density to act as a long-term
filtration buffer.
Reclamation's dewatering plan is attached both to its BA and to its JARPA form. It details
the Kachess River flow management schedule for dewatering and fish recovery as well as the
methods that would be used to capture, hold, and release fish to avoid impacts on their
species. These documents also incorporate the measures that would be used to mitigate or
eliminate impacts on the site, including culvert design development, and filling and reseeding
of the slopes after construction. As a result, there would be no significant effects.
Geology and Soils—There would be the potential for effects related to disturbance caused
during construction. Erosion -control measures and other BMPs, including the developed
revegetation plan and the conservation measures found therein, would eliminate or reduce
such effects. These effects are enumerated in Chapters 2 and 3 of the EA and in elements
of the JARPA form and State Environmental Policy Act checklist. Overall, there would be
no significant effects.
Biological Resources—There would be the potential for effects related to flow changes and
effects related to vegetation removal. Conditions of the CWA permit, the revegetation plan,
and the dewatering plan, and consultation efforts with the USFWS and NMFS would avoid,
minimize, or mitigate impacts on wetlands and aquatic habitats. Project -specific coordination
and consultation will remain ongoing to ensure no significant effects.
The NMFS and USFWS have found that the details of the revegetation and dewatering plans
and the BMPs found in the BA to reduce sediment disturbance during construction will
ensure the project would have minimal effects on Middle Columbia River steelhead and the
ability of critical habitat to support steelhead in the project area (NMFS 2022; USFWS 2022).
The NMFS and USFWS have determined that measures included in the revegetation and
dewatering plans and the BMPs found in the BA or BO designed to avoid, minimize,
Kochess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
mitigate, or otherwise offset the Proposed Action's impact on essential fish habitat would
result in no significant impacts (NMFS 2022; USFWS 2022).
The USFWS also identified that the grubbing, removal, and hauling of trees would not result
in significant impacts. Removal and hauling of the trees to the US Forest Service lot also
would not result in significant impacts, given the baseline activity already associated with the
site and the haul road. Later, some of these trees would be moved from the lot to other sites
to serve as fish habitat in federal and state projects. As a result of these actions, the USFWS
has found that the grubbing and removal of trees would not result in significant impacts
(USFWS 2022).
Therefore, there would be no significant effects from the Proposed Action on the federally
listed species under Section 7 of the Endangered Species Act—Bull Trout (Salvelinus
confluentus), steelhead trout (Oncorhynchus mykiss), and northern spotted owl (Strix occidentalis
caurina)—that are potentially present in or adjacent to the project area.
• Noise and Vibration—There would be no significant effects.
• Transportation and Traffic—There would be no significant effects.
• Cultural Resources— Reclamation has completed an archaeological survey and assessment
of the built environment as part of this project's identification efforts. Due to the project's
potential to affect traditional cultural properties (TCPs) of religious and cultural significance
to Indian tribes, which may be located in the area of potential effect, and further clarification
of the nature of the effects on known properties based on the TCP studies being conducted
by the tribes, Reclamation has consulted with the Washington Department of Archaeology
and Historic Preservation (DAHP) and the Advisory Council of Historic Preservation in
compliance with Section 106 of the National Historic Preservation Act. Reclamation worked
with DAHP, the Washington State Historic Preservation Officer, the Advisory Council of
Historic Preservation, the Confederated Tribes and Bands of the Yakama Nation, the US
Forest Service, and the Confederated Tribes of the Colville Reservation to develop a
programmatic agreement to allow completion of appropriate identification efforts while
enabling timely implementation of the project. The programmatic agreement includes a
series of stipulations to account for the project's effect on historic properties.
• Additional identification efforts are in progress to further inform the understanding of the
significance of TCPs and the nature of the effects on TCPs from the project. Project -specific
coordination and consultation will remain ongoing to ensure no significant effects. As a
result, there would be no overall significant effects as a result of this project.
• Socioeconomic Resources—There would be no effect.
Environmental Commitments
To minimize or mitigate adverse effects as part of the Proposed Action, Reclamation would
implement or incorporate the environmental commitments listed in Chapter 3 of the EA, in the
resource reports in Appendix B of the EA, throughout the CWA permitting requirements, and in
the programmatic agreement developed with the DAHP. Reclamation also would implement or
incorporate the conservation measures identified through consultation and coordination with the
USFWS and NMFS.
Kachess Safety of Dams Final Environmental Assessment
Finding of No Significant Impact
Finding ®f No Significant Impact
Based on the analysis presented in the EA, Reclamation fords that there would be no significant
impacts associated with the Proposed Action. Reclamation makes this finding of no significant
impact pursuant to the National Environmental Policy Act of 1969 (42 United States Code 4321 et
seq.) and the Council on Environmental Quality implementing regulations (40 Code of Federal
Regulations 1500-1508). Reclamation has determined that the Proposed Action does not constitute
a major federal action that would significantly affect the human environment. Therefore,
Reclamation will not prepare an environmental impact statement.
10 Kochess Safety of Dams Final Environmental Assessment
EXHIBIT 2: BUREAU RESPONSE TO COUNTY COMMENTS
Page 4 of 4
Public Works "Work Session Staff Report", 2022
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KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: November 28, 2022
TOPIC: Public Access of Kittitas County Lands
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Mark Cook
RECOMMENDATION:
Direct Staff to Propose Revisions to Kittitas County Code Chapter 9.50 Parks to address
firearms use and hunting and to allow for the adoption and use of property -specific
stewardship plans.
BRIEFING SUMMARY:
• Kittitas County has been purchasing property for floodplain management
purposes. Properties may also be held for advanced mitigation purposes.
• Kittitas County Code Chapter 9.50 Parks governs the use of Kittitas County park
areas, which are defined as any areas under the ownership, management, or
control of Kittitas County.
• Kittitas County Code Chapter 9.50 gives the director of public works the
responsibility to set park hours and allows for area closures by signs or barricades.
• Currently there is no code language regarding hunting on County owned lands.
• The source of funding used for property acquisition can limit or expand the
potential uses of these properties.
• Property improvements and maintenance are often necessary to support public
access and use.
• Staff recommend that Kittitas County Code Chapter 9.50 be revised to further
clarify the term "park area", address firearms use and hunting on County property
and allow for the adoption of site-specific management plans which further
defines allowable uses.
BACKGROUND:
The amount of open space owned and managed by the Kittitas County Public Works has
increased in recent years due to property acquisitions for floodplain management
purposes. Public Works land holdings may include mitigation sites in the future. Kittitas
County Code Chapter 9.50 Parks governs the use of Kittitas County park areas, which are
defined as any area under the ownership, management, or control of Kittitas County.
Staff concludes that properties recently acquired for floodplain management purposes are
regulated by Chapter 9.50.
Page 1 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
DISCUSSION:
Staff recommends that the definition of Kittitas County park area be narrowed to only
include those areas managed for public access and/or natural resource protection. Kittitas
County Code Chapter 9.50 already gives the director of public works the responsibility to
set park hours and allows for area closures by signs or barricades. KCC Chapter 9.50 is
silent on firearms us and hunting. Staff recommends that the use of firearms and hunting
be prohibited unless explicitly authorized by a site-specific management plan adopted by
the Board of County Commissioners.
The source of funding used for property acquisition can limit or expand the potential uses
of these properties. Additionally, property improvements and maintenance are often
necessary to support public access and use. Site-specific management plans prepared for
Board consideration and adopted can be used to document these factors.
FISCAL IMPACTS:
While basic property management costs are included in the Parks and Flood Control
Zone District annual budgets, if expanded uses is desired, necessary infrastructure costs
will need to be explicitly considered.
ATTACHMENTS:
Exhibit 1: Draft Kittitas County Code Chapter 9.50 Revisions
Page 2 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: Draft Kittitas County Code Chapter 9.50 Revisions
Page 3 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
Chapter 9.50
PARKS
Sections
9.50.010 Definitions.
.59 0.020 Purpose.
9.50.030 Hours,
9.50.040 Park facilities - Liability.
9.50.050 Park facilities - Liability insurance.
9.50.060 Park facilities - Cleanup.
9 50.070 Concessions.
9.50.080 Park misuse.
9.50.090 Motor vehicles - Parking.
9.50.100 Camping - Authorization.
9.50110 Camping - Occupancy policy.
9.50.115 Swimming in boat launch areas prohibited.
9.50.120 Game fish.
9.50.125 Food fish.
9.50130 Damage to park property prohibited.
9.50.135 Removal of park property.
9.50.140 Outside household or commercial waste.
9.50.145 Rubbish.
9.50.150 Waste from vehicles.
9.50155 Dumping in water prohibited.
9.50.160 Solicitation.
9.50.165 Alcoholic beverages - Minors.
9.50.170 Fires.
9.50.175 Area closures.
.50.180 Violation - Penalty.
9.50.010 Definitions.
Whenever used in this title, the following items shall be defined as indicated in this section:
Agreements
Any and all written agreements between a person or persons and the department for the
purpose of specific use of certain department facilities.
Aircraft
Any machine or device designed to travel through the air, such as an airplane, helicopter,
balloon, glider, ultralight, etc.
Alcoholic beverages (or "liquor")
Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer) and all
fermented, spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every
liquor or solid or semisolid or other substance, patented or not, containing alcohol, spirits,
wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of
human consumption, and any liquor, semisolid, solid or other substance, which contains
more than one percent alcohol by weight shall be conclusively deemed to be intoxicating.
Board
The current and duly elected Kittitas board of county commissioners.
Boat
Any floating device, powered by internal combustion engine or human power, capable of
traveling on or under water.
Camper
A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall
include a pickup truck with camper, a van -type body, a converted bus, or any similar type
vehicle.
Camping
Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way
as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the
purpose of remaining overnight.
Department
The Kittitas County department of public works.
Director
The director of the Kittitas County department of public works.
Discrimination
Any action or practice which prohibits participants based on sex, age, race, color, national
origin, marital status, or the presence of any sensory, mental or physical handicap.
Drugs
Any mind or mood altering substance which is illegal for consumption.
Facilities
Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas
County department of public works.
Facility manager
The duly appointed Kittitas County public works employee serving as a manager of a county
park.
Fee
The currently adopted fee schedule for use of Kittitas County park facilities.
Management Plan
A document adopted by Board Resolution that specifies park uses and management actions
for an identified County property or park area
Motor vehicle
Any self-propelled device capable of being moved upon a road, and in, upon, or by which
any persons or property may be transported or drawn, and shall include, but not be limited
to, four-wheel drive vehicles, two -wheel drive vehicles, three-wheelers, motorcycles, and
snowmobiles, whether or not they can legally be operated upon the public highways,
whether licensed or unlicensed.
Permit
Any and all permits, licenses, or approvals required by federal or state law, or required by
county ordinance or the Kittitas County public works department.
Person
All natural persons, firms, partnerships, corporations, clubs and all associations or
combination of persons whenever acting for themselves or by an agent, servant, or
employee.
Reservation
Any and all written reservations for a person or persons for the purpose of specific use of
certain department facilities.
Trail
Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians;
and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or
similar substance, so as to permit its use by standard passenger automobiles, or other right-
of-way specifically designated and posted for non -vehicular use.
Trailer
A towed vehicle which contains sleeping, housekeeping accommodations or material
transporting capabilities.
Kittitas county park area
Any area under the ownership, management, or control of Kittitas County and managed for
public access and/or natural resource protection .
(Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.020 Purpose.
The ouroose of this ordinance is to manage county -owned real property to ensure that it is used for
Purposes that promote the public's health safety and general welfare through regulation of such
properties and to preserve the use of county -properties for future public benefit The19arh Park
playgrounds, passive use areas, special use areas, open soace areas roads, paths, trails, activity
centers and other park facilities of the department are established by law for natural resource
Protection and/or public recreation purposes. Public recreation consists of passive use, appropriate
to the facility, initiated by individuals, families or small groups with or without reservations and
permits; or, large group activities planned by groups and brought under the control of the
department when authorized by and conducted under reservation, permit, agreement or contract
with the department. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.030 Hours.
The director of public works shall establish for each Kittitas County park area according to existing
conditions, times and periods when the park area will be open or closed to the public. Such times
and periods shall be posted at the entrance to the Kittitas County park area affected and at the park
office. Park hours are subject to current conditions and may vary by season. Park front gates and
offices may be open during normal business hours but the park area may be closed to public use
when so posted. No person shall enter or be present at a Kittitas County park area after closing time,
or when the park area is closed, except persons camping in a designated camping area who have
paid the applicable use fee; or persons who have a reservation or are associated with the person or
persons having a reservation at a department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995). Per KCC
9.50.175 some areas may closed to Public access
9.50.040 Park facilities - Liability.
A person or persons using facilities by reservation or agreement may be required to protect and save
Kittitas County, its elected and appointed officials and employees while acting within the scope of
their duties as such, harmless from and against all claims, demands, and causes of action of any kind
or character, including the cost of defense thereof, arising in favor of the persons, employees or third
parties on account of personal injuries, death or damage to property arising out of the premises, or
in any way arising out of the acts or omissions of the person and/or his agents, employees or
representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk.
Kittitas County assumes no liability or responsibility due to accidents or injury through authorized or
unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.050 Park facilities - Liability insurance.
A person or persons using facilities by reservation or agreement may be required to obtain and
maintain during all periods of use public liability insurance acceptable to the county and/or other
insurance necessary to protect the public and the county on premises reserved, with coverage of
liability not less than combined single limit personal injury and/or personal damage liability of
$300.00 per occurrence. The group shall provide a certificate of insurance or an insurance binder
prior to the reservation and upon written request of the county, a duplicate of the policy, as evidence
of the insurance protection provided. This insurance shall not be cancelled or reduced without prior
written notice to the county, 30 days in advance of the cancellation or reduction. (Ord. 99-09, 1999;
Ord. 95-4, 1995).
9.50.060 Park facilities - Cleanup.
All groups must leave the facility or area in a condition considered satisfactory to the manager in
charge. No group shall conduct activities causing extra custodial work unless previous arrangements
have been made to pay for such work and are so stated in the reservation agreement. Causing extra
custodial work without previous arrangements may subject the group to mandatory cleanup fees as
listed in the currently adopted fee schedule. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.070 Concessions.
Kittitas County reserves all concession rights in county -owned parks. Nonprofit groups and
organizations may sell or arrange for a concessionaire to sell concessions to members of their group
or organization using a park facility and to spectators at that facility; provided, that arrangements
and fees to the department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord.
95-4, 1995).
9.50.080 Park misuse.
The misuse of a park facility or the failure to conform with these regulations will be sufficient reason
for denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.090 Motor vehicles - Parking.
No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such
vehicle in any Kittitas County park area other than designated motor vehicle parking area, except
where the operator is using the area for a designated recreational purpose and the vehicle is parked
either in a designated parking area for the event, or in another area with the permission of the facility
manager. No person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any
Kittitas County park area after closing time, except when camping in a designated area, or with
permission of the manager. Any vehicle found parked in violation of this section may be towed away
at the owner's or operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.100 Camping - Authorization.
No person shall camp in any Kittitas County park area except when specifically authorized by the
facility manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.110 Camping - Occupancy policy.
Occupancy of camping facilities shall be limited to the conditions of the group reservation,
agreement, or contract; or limited to occupancy related to an event and so posted at the park. (Ord.
99-09, 1999; Ord. 95-4, 1995).
9.50.115 Swimming in boat launch areas prohibited.
No person shall swim or sunbathe in any designated boat launching area, except by permit issued by
the department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.120 Game fish.
All laws, rules and regulations of the State Game Commission relating to season, limits, and methods
of fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for,
or possess any fish taken from any dam, dike, bridge, dock, boat landing, or beach, which is posted
with a sign prohibiting fishing. (Ord. 99-09, 1999; Ord, 95-4, 1995).
9.50.125 food fish.
All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and
methods of taking are applicable to the taking of food fish in Kittitas County park areas except that
in addition to such laws, the department, upon its finding and for good cause may close certain
Kittitas County park areas for specific periods of time, to the taking of fish. Such closed areas shall be
posted. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.126 Hunting.
All park areas are closed to huntincl unless allowed for through adoption of a management plan.
When allowed by a mana eg ment plan the laws rules and regulations of the State Department of
Fish and Wildlife relatina to season. limits. and methods of huntino are aoDlicable.
9.50.127 Firearms.
All park areas are closed to firearm use unless allowed for hunting purposes per KCC 9.50.126
9.50.130 Damage to park property prohibited.
No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass
or crop, standing or growing or which has been cut down, in any Kittitas County park area unless
authorized to do so by the department. No person shall deface, damage or destroy any property,
material, equipment or facility which is under thejurisdiction of the department. (Ord. 99-09, 1999;
Ord. 954, 1995).
9.50.135 Removal of park property.
No person shall change the position of or remove any property, material, or equipment from its
original position on or from any area under the jurisdiction of the Kittitas County parks department.
(Ord. 99-09, 1999; Ord. 954, 1995).
9.50.140 Outside household or commercial waste.
No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is
brought as such from any private property, in any Kittitas County park area garbage can or other
receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in
Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.145 Rubbish.
No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or
other rubbish, in a Kittitas County property or park area, except in a garbage can or other receptacle
designated for such purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for
penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.150 Waste from vehicles.
No person shall in any Kittitas County park area, drain or dump refuse, oil, gas or waste from any
trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See
Chapter 8.20 KCC Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord.
95-4, 1995).
9.50.155 Dumping in water prohibited.
No person shall pollute, or in any way contaminate by dumping or otherwise depositing therein any
waste or refuse of any nature, kind or description, including human or bodily waste, in any stream,
river, lake or other body of water running in, through or adjacent to any Kittitas County park area.
(See Chapter 820 KCC Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999;
Ord. 95-4, 1995).
9.50.160 Solicitation.
No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human
consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other
amplifying device in any Kittitas County park area, except by concession contract or by permission by
the department. (Ord. 99-09, 1999; Ord, 95-4, 1995).
9.50.165 Alcoholic beverages - Minors.
No person who has not reached his or her twenty-first birthday shall be in possession of or consume
of any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.170 Fires.
Open fires and portable units using flammable material are,
f •eP a•-• f •e F -9. O• -' r hi ned. Ord. 9909, 1999; Ord. 95-4, 1995
�4r^"f?-2�( ){ Commented lAT1]:Asuggestion -I don't think we have
any locations with Lire rings and grills, so l recommend that
we prohiEh outright given wildfire risk.
9.50.175 Area closures.
Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord.
95-4, 1995).
9.50.1 S0 Violation - Penalty.
Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and
shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a
countyjail for not more than 90 days. In addition, every person failing to comply with any provision
of this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas
County public works director, public works employees, and other law enforcement officers are
authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).