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HomeMy WebLinkAbout2023-08-14-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday August 14, 2023 -1:30 PM BoCC Auditorium 205 West Sth Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) 3. Compas and GIS Wetlands Layer investigation 4. Kittitas County Auditor's Office Proposed Purchasing Policy Section 4.213 5. Draft 6-Year Transportation Improvement Plan (2024-2029) 6. Certified Acceptance (CA) Agency for the City of Cie Elum 7. Easton First Street Vacation Request 8. Hyak Drive East Discussion 9. 2023 Drought Press Release 10. Water Availability for Ski Tur and Starwater Developments 11. Water Right Change Application 12. Washington Department of Fish and Wildlife Lands 20/20 13. Fire Station 73 Compliance Plan Discussion 14.Other Business - No Action to be taken 15. Concluded Created on 8/10/2023 12:15:04 PM MONDAY KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST 5TH ROOM 109 Regular Meeting 1:30 PM August 14, 2023 Board members present: Chairman Cory Wright and Vice Chairman Brett Wachsmith. Others: Mark Cook, Josh Fredrickson, Arden Thomas, Rebecca Cruse, Public Works; Jessica Miller, Jamey Ayling, Community Development Services; Stephanie Hartung, Prosecuting Attorney's Office; 5 members of the public. At 1:35 PM Chairman Cory Wright opened the Public Works Study Session. No Citizen Comments. COMPAS AND GIS WETLANDS LAYER INVESTIGATION Mark Cook briefed the Board of County Commissioners on the origin of the wetlands layer on Kittitas County's GIS software. Mark Cook stated he has requested Jacobs to assist in refining the wetland map in Compas and proposed that a wetland's specialist can be contracted for analysis. KITTITAS COUNTY AUDITOR'S OFFICE PROPOSED PURCHASING POLICY SECTION 4.213 Mark Cook briefed the Board of County Commissioners on revisions to the proposed purchasing policy and stated circumstances where action must be taken for funding when legal review isn't completed within the necessary timeline. The Board consulted Stephanie Hartung and she understood extenuating circumstances do exist where experienced Directors' do make funding decisions without completion of legal review. Hark Cook requested the Board consider the fiscal impacts and delays this could have on public works contracts if implemented. DRAFT 6-YEAR TRANSPORTATION IMPROVEMENT PLAN (2024-2029) Josh Fredrickson requested the Board of County Commissioners to set a public hearing to consider adoption of the Six- Year Transportation Improvement Plan. Josh Fredrickson stated that with fund reallocation the Road Fund is budgeted to run out of funding. Direction to staff to bring, forward enabling documents for public hearing for consideration in September. 2023-8-14 MINUTES CERTIFIED ACCEPTANCE (CA) AGENCY FOR THE CITY OF CLE ELUM Josh Fredrickson stated Public Works received a request from City of Cle Elum to provide administrative services as the Certified Acceptance agency for City of Cle Elum's First Street Downtown Revitalization federal funding. Direction to staff is to prepare interlocal agreement for consideration. EASTON FIRST STREET VACATION REQUEST Josh Fredrickson briefed the Board of received to Public Works to vacate a Easton and is requesting the Board to consideration. HYAK DRIVE EAST DISCUSSION County Commissioners on request portion of First Street in set a public hearing for Josh Fredrickson updated the Board of County Commissioners about discussion with Snoqualmie Pass Utility District about County owned right-of-way that is currently not an on -system road but continues to a Forest Service Road. Josh Fredrickson_ stated during winter months the road is gated at a turn around. Direction to staff is to present this on the next Public Lands Advisory Committee Agenda. 2023 DROUGHT PRESS RELEASE Arden Thomas requested the lBoarcL of county Commissioners support to issue a notice acknowledging drought, promoting the Kittitas County Conservation District's Heritage Garden Program, and that the County has purchased water rights for exempt well water users in the County. The Board is supportive of press release. WATER AVAILABILTY FOR SKI TUR AND STARWATER DEVELOPMENTS Arden Thomas briefed the Board of County Commissioners on the water availability for 2 recreational developments in the Snoqualmie Pass Gold Creek Valley. Arden Thomas stated that The Yakama Nation and Department of Health and Ecology have recommendations for capping the number of connections for both developments. Arden Thomas stated conversations with Snoqualmie Pass Utility District have identified that these are outside of the District's service area but the District is open to exploring expansion of service to the area as a provider of water to the cistern program. WATER RIGHT CHANGE APPLICATION Arden Thomas briefed the Board of County Corrrtissioners on available water rights purchased by Kittitas County that Solid Waste no longer needs. Arden Thomas requested the Boards support to submit a Water Right Change Application and first offering the water right to City of Kittitas for purchase, then marketing the water through the county mitigation bank. Direction to staff to present to the Board for signature. WASHINGTON DEPARTMENT OF FISH AND WILDLIFE LANDS 20/20 Arden Thomas requested the Board of County Commissioners support to indicate desirable land for Washington Department Fish and Wildlife acquisition. Hannah Bates, Washington Department Fish and Wildlife stated their office has prioritized a couple properties for public access. The Board supports the action staff is taking and requests they seer the input of the Public Lands Advisory Committee. FIRE STATION 73 COMPLIANCE PLAN DISCUSSION Arden Thomas briefed the Board of County Commissioners on an audit that identified Fire Station 73 construction is not compliant with FEMA standards for building within the floodplain. Arden Thomas identified 3 options for the station and estimated an approximate 4- year timeline to resolve to avoid further implications. Bill Dickenson, Chair of the Board for Kittitas County Fire District 7 stated he is concerned about the cost the station will incur and would like to see if there is funding available to keep the station where it is currently located for ideal emergency response. Direction was given to staff to implement a compliance plan for the station. Meeting concluded at 2:42 PM �Ijdt- (fA,kt Rebecca Cruse, Administrative Assistant 2023-5-14 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: COMPAS and GIS Wetlands Layer Investigation ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Support staff efforts defining technologies improving the County's wetland layer in COMPAS. BRIEFING SUMMARY: • The current wetland layer residing in COMPAS (GIS data layer) is provided for use by Washington State Department of Ecology. • This wetland layer is derived from the National Wetlands Inventory database as maintained by US Fish and Wildlife Service. • This data has inherent inaccuracy in that it is compiled using only interpretation of high -altitude aerial imagery and does not include new technologies or local factors. • Staff desires better understanding of the limitations of the current layer and where better technologies and data might be used to improve wetland identification in Kittitas County. BACKGROUND: An updated wetland layer (supplied by WA Department of Ecology - DOE) was deployed by county IT staff several months ago (IT Director Fessler has confirmed the layer was provided by the state). The current layer results in significant wetlands being assigned to numerous tax parcels throughout the county. Responding to this action, Board of Equalization appeals have increased. DISCUSSION: Public Works (PW) desires a better understanding of the limitations and use of the wetland mapping layer in COMPAS. PW also desires evaluating technologies that might be deployed vetting COMPAS mapping or that can be used to refine and make more accurate wetland identification. To that end, PW is pursuing a Task Order with our environmental consultant (Jacobs). Page 1 of 3 Public Works "Work Session Staff Report", 2023 A two phased approach is anticipated: Phase One verifies the source and identifies the limitations of wetland mapping data uploaded onto COMPAS and Phase Two identifies existing technologies available to vet or refine wetlands appearing in COMPAS. PW had originally been optimistic following the recent supreme court ruling regarding wetland identification and federal regulatory nexus. Upon further evaluation, the federal jurisdictional issue will likely not assist the county managing wetland identification in Washington State (DOE jurisdiction). Our approach has now shifted to improved accuracy screening potential wetland impact on county tax parcels. FISCAL IMPACTS: The initial investigation phase is anticipated to cost approximately $3,000. Phase Two is likely to cost $3,000 - $5,000. Refining our current wetland layer is expected to save rate payers thousands of dollars in wetland delineation costs. ATTACHMENTS: EXHIBIT 1: EXECUTIVE ORDER 89-10 EMPOWERING WA DOE Page 2 of 3 Public Works "Work Session Staff Report", 2023 EXHIBIT 1: EXECUTIVE ORDER 89-10 EMPOWERING WA DOE Page 3 of 3 Public Works "Work Session Staff Report", 2023 EXECUTIVE ORDER 89-10 PROTECTION OF WETLANDS WHEREAS, wetlands: (A) provide, protect and preserve drinking water supplies by purifying surface water and ground water; (B) provide a natural means of flood and storm damage protection through the absorption and storage of water during high runoff periods, thereby reducing flood crests and preventing loss of life and property; (C) often serve as transition zones between dry land and water courses, thereby retarding soil erosion; (D) provide essential breeding, spawning, rearing, feeding, nesting and wintering habitats for a major portion of the state's fish and wildlife; (E) provide special vegetation and vegetative communities; (F) maintain surface waters through the gradual release of stored flood waters and ground water, particularly during drought periods; (G) provide readily accessible outdoor biophysical laboratories, Iiving classrooms and training and educational resources; and (H) provide ecological as well as economic benefits; and WHEREAS, more than fifty percent of the state's original wetlands have been drained, dredged, filled or otherwise altered; and WHEREAS, over ninety percent of the original saltwater wetlands in some urban estuaries of Puget Sound have been eliminated; and WHEREAS, wetlands losses statewide are as much as two thousand acres annually; and WHEREAS, in urban areas in the state of Washington, freshwater wetlands losses are estimated at seventy-five acres per month or more than nine hundred acres per year; and WHEREAS, the loss of wetlands often leads to economic and ecological farm of the state; and WHEREAS, wetlands conservation is a matter of state concern, since wetlands of one county may be affected by activities on rivers, lakes, streams, or wetlands of other counties and because they support migratory animal species which cross local government boundaries; and WHEREAS, use of artificial structures, such as stormwater treatment systems, to provide wetlands functions and values may be more costly than protection of existing wetlands; and WHEREAS, there is need for stronger state coordination to ensure wetlands protection; NOW, THEREFORE, I, Booth Gardner, Governor of the State of Washington, by virtue of the power vested in me, do hereby order: Section 1. It is the interim goal of my administration to achieve no overall net loss in acreage and function of Washington's remaining wetlands base. It is further the long-term goal to increase the quantity and quality of Washington's wetlands resource bass. Section 2. In the interest of preserving and protecting valuable resources, the Department of Ecology shall provide guidance and each affected state agency shall provide to the Governor an action plan, where appropriate, to lessen the destruction, loss, or degradation of wetlands and to preserve and enhance the natural and beneficial values of wetlands. Section 3. Each affected state agency shall ensure that it avoids any activities that would adversely affect wetlands, and that unavoidable impacts are adequately mitigated. Section 4. To meet the long-term goal of this order, each affected state agency, in pursuing its agency mandate, should seek opportunities for voluntary wetlands restoration and creation of additional wetlands. Section 5. In carrying out the intent of this order, each affected state agency shall consider the ecologic and hydrologic benefits provided by wetlands. Each affected state agency shall strive to prevent environmental and economic harm that results from continuing loss of wetlands, consistent with human health and safety and the general welfare of the state. Section 6. Each affected state agency shall encourage sensitive site design and planning on a watershed basis, where appropriate, to avoid or minimize damage to wetlands. Section 7. Each affected agency shall, when possible, direct its agency -mandated activities not dependent upon wetlands locations to suitable upland locations. Section 8. Nothing in this Executive Order shall apply to assistance provided for emergency work that is essential to save lives and protect property and public health and safety. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the State of Washington to be affixed at OIympia this I Ith day of December A.D., Nineteen hundred and eighty-nine. By: BOOTH GARDNER Governor of Washington BY THE GOVERNOR: Secretary of State Additional KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS 2023 STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Auditor's Proposed Purchasing Policy Section 4.2B ACTION REQUESTED: Direct Staff LEAD STAFF: Mark R. Cook RECOMMENDATION: Informational briefing only. BRIEFING SUMMARY: • The Auditor is updating county purchasing policies and procedures. • The new policy has a section that Public Works (PW) is concerned about: Section 4.2b. o Significant ramifications exist for PW related to contract execution timelines and Director assumption of risk. BACKGROUND: The Auditor is electing to update county purchasing policies and procedures. Section 4.2B of the current draft stipulates that Directors can be prosecuted by the Prosecuting Attorney's Office (PA) for not having a contract reviewed by the PA resulting in financial loss to the county. The section is provided below with emphasis added. 4.2.B: Prosecuting Attorney Office Contract Review: Elected Officials and Department Heads, or designees, should consult with the Prosecuting Attorney's Office for legal and risk management review when entering into contracts, grants, and other agreements. An Elected Official or Department Head may decline the legal and risk management services provided by the Prosecuting Attorney's Office. However, the Prosecuting Attorney's Office reserves the right to not represent or defend an Elected Official or Department Head, or designee, in any legal action or proceedings resulting from mistakes, legal defects, misstatements, omissions, etc, in a contract, grant, or agreement entered into without legal review. Additionally, if Kittitas County incurs liability or expends public ti:iid as a result of a contract, grant, or other agreement being entered into without legal review, the Prosecuting Attorney's Office reserves the right to take legal action against the individual Elected Official or Department Head, and/or designee. as necessary for public accountability and to protect and/or recover public funds. Pagel of 2 Public Works "Work Session Staff Report", 2023 DISCUSSION: It has been necessary for PW to act on contracts in the past without the benefit of legal review, when said contract review has not been timely. PW contracting is generally time sensitive owing to state public works contracting requirements. There are prescribed timelines from bid opening to notice of award and construction timelines are generally impacted by "work in water" windows as stipulated in state and federal regulations. Proving the Auditor and PA are unwilling to amend the policy, it may be prudent to lobby for a performance criteria requirement on PA review time. The alternative is affirming the Board of County Commissioners willingness to request the PA defend the Director — a service currently available to all Director's facing lawsuits outside of the county. PW anticipates adverse impacts to our public works contracts resulting from the policy in the absence of mandatory performance from the PA. Few Directors are expected to be willing to risk contract authorization in the absence of PA review even at the expense of program and construction delays. FISCAL IMPACTS: Undetermined at this time. ATTACHMENTS: None. Page 2 of 2 Public Works "Work Session Staff Report"_ 2023 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Draft Six -Year Transportation Improvement Plan (2024-2029) ACTION REQUESTED: Direct staff schedule a public hearing to consider adoption of the Six -Year Transportation Improvement Plan for 2024-2029 LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Direct staff schedule a public hearing to consider adoption of the six -year Transportation Improvement Plan for 2024-2029. BRIEFING SUMMARY: o Public Works updates the Transportation Improvement Plan (TIP) each year to address transportation needs within projected funding amounts • Each year Public Works solicits county residents for comment regarding the annual Transportation Improvement Plan • Annual plan consists of a listing of proposed improvement projects in the upcoming budget year (2024) and the subsequent five -years (2025-2029) • Most projects are carried forward from previous year with additional projects based on grant funding received • Funding sources include Road Fund and grant sources BACKGROUND: Public Works annually produces a six -year transportation plan for road fund investing. The current plan identifies projects in 2024-2029. Prior to adoption Public Works conducts public outreach efforts to collect citizen input on proposed transportation improvement projects. A draft update has been prepared which includes projects listed from last year's plan and additional projects based on grant funding received. Major projects for the next six years include: resurfacing of Vantage Highway, roadway improvements to Hungry Junction Road, and safety improvements on Huntzinger Road. DISCUSSION: Public Works has updated the annual six -year transportation improvement plan. This plan uses data collected throughout the year to identify transportation needs. Data collected includes road rating, bridge reports and traffic information. The draft six -year transportation improvement plan includes those projects identified in the previous plan. Page 1 of 4 Public Works "Work Session Staff Report" 2023 As part of the outreach to seek public comment, an open house will be held in Upper County and in Lower County. An on-line form is also available on the Public Works page of the County website. FISCAL IMPACTS: Estimated costs of design, right-of-way, construction, and construction engineering are identified for each project. Funding is identified using the road fund as well as grant sources. ATTACHMENTS: Exhibit 1: Draft Six -Year Transportation Improvement Plan for 2024-2029 Exhibit 2: Draft Annual Construction Plan for 2024 Page 2 of 4 Public Works "Work Session Staff Report" 2023 EXHIBIT 1: Draft Six -Year Transportation Improvement Plan for 2024-2029 Page 3 of 4 Public Works "Work Session Staff Report" 2023 NlYlllllil���l�s� �y ����I�IIIIUIN���I� fl I f E�PI 9 III IE I� Ei. 9 II �lEl �1 ��I 4 it it 5u EXHIBIT 2: Draft Annual Construction Plan for 2024 Page 4 of 4 Public Works "Work Session Staff Report" 2023 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Certified Acceptance (CA) Agency for the City of Cle Elum ACTION REQUESTED: Direct Staff LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Direct Staff to proceed with an interlocal agreement to provide construction administration services as Certified Acceptance agency. BRIEFING SUMMARY: • City of Cle Elum has requested federal funding for the First Street Downtown Revitalization — Phase 3 project. • Federal fund expenditures requires the project be designed and administered in accordance with Washington State Department of Transportation (WSDOT) Local Agency Guidelines, including certification by a Certified Acceptance agency (CA Agency). • City of Cle Elum is not presently certified to administer federal aid projects. • Kittitas County is certified to administer federal aid projects. • Kittitas County (Public Works) has provided CA services to previous phases of the project. BACKGROUND: To receive federal aid transportation funds Washington State Department of Transportation (WSDOT) requires local agencies to follow WSDOT Local Agency Guidelines, including certification by a Certified Acceptance (CA) agency. The City of Cle Elum is seeking federal funding for their Phase 3 of the First Street Improvement project but is not certified to administer federal aid projects. Kittitas County is currently certified to administer federal aid projects. DISCUSSION: Kittitas County Public Works Department is presently certified to administer federal aid projects and may act as a designated CA agency for non -certified local agencies. Public Works involvement as a CA agency for a non -certified local agency is to ensure that project development and contract administration are in accordance with the WSDOT Local Agency Guidelines. Page 1 of 3 Public Works "Study Session Staff Report" 2023 Public Works has previously provided these services to the City of Cie Elum, most recently for their Phase 3B of the First Street Improvement project. Public Works has also been asked to provide these services for the City of Cle Elum for Phase 3 of the First Street Improvement project. The interlocal agreement for this project is the same and has been reviewed and approved by County Prosecuting Attorney, with the revision to the project name and description. FISCAL IMPACTS: The interlocal provides for reimbursement from the City to the County in an amount not to exceed $25,000. ATTACHMENTS: EXHIBIT 1: Interlocal Agreement Page 2 of 3 Public Works "Study Session Staff Report' 2023 EXHIBIT 1: Interlocal Agreement Page 3 of 3 Public Works "Study Session Staff Report" 2023 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLE ELUM, WASHINGTON AND KITTITAS COUNTY, WASHINGTON FOR CERTIFIED ACCEPTANCE SERVICES THIS INTERLOCAL AGREEMENT is made and entered into on this day of 2023 by and between Kittitas County, Washington, a Washington municipal corporation, hereinafter referred to as "County", and the City of Cie Elum, Washington, hereinafter referred to as "City", each party having been duly organized and now existing under the laws of the State of Washington. Both entities may be referred to in this Agreement collectively as "Parties" or individually as "Party". WITNESSETH: WHEREAS, the City has been awarded Surface Transportation Block Grant (STBG) funds for the City of Cie Elum's First Street Improvements Phase 3 - Downtown Revitalization project, (hereinafter the "Project'; and; and WHEREAS, the City desires to utilize these federal funds to undertake the Project; and WHEREAS, the expenditure of federal funds requires that the project be designed and administered in accordance with the Washington State Department of Transportation Local Agency Guidelines, including certification by a certified acceptance agency (CA agency); and WHEREAS, the City is not presently certified to administer federal aid projects; and WHEREAS, the County is presently certified to administer federal aid projects; and WHEREAS, the Local Agency Guidelines provides that a noncertified local agency may enter into an agreement with a CA Agency to have the CA Agency perform project development and/or contract administration; and WHEREAS, the accomplishment of the project is a benefit to the regional transportation system; and WHEREAS, the State Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes cooperative efforts between government entities in the providing of such services. NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: ARTICLE I PURPOSE OF AGREEMENT The purpose of this Agreement is to set forth the terms and conditions under which Kittitas County will certify that Cie Elum's Project is designed and administered in accordance with the Washington State Department of Transportation's Local Agency Guidelines. Kittitas County and City of Cle Elum Interlocal Agreement for Certified Acceptance Services ARTICLE II DEFINITIONS The Parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: 2.1 CA shall mean certified acceptance as set forth in the Washington State Department of Transportation's Local Agency Guidelines. 2.2 Project shall mean the City of Cle Elum's First Street Improvements Phase 3 - Downtown Revitalization project. 2.3 STBG shall mean the Surface Transportation Block Grant (STBG), a federal funding program for transportation improvement projects. 2.4 Local Agency Guidelines shall mean the most current version of the Washington State Department of Transportation's Local Agency Guidelines. ARTICLE III RESPONSIBILITIES OF PARTIES 3.1 The County Agrees to: a) Administer and certify the project for the City in accordance with the Local Agency Guidelines. 3.2 The City Agrees to: a) Prepare all of the project plans, specifications, and estimates in accordance with the Local Agency Guidelines. b) Provide construction inspection services through the City's consultant in accordance with the Local Agency Guidelines. c) Reimburse the County for services provided by the County on a time and materials basis when billed by the County. 3.3 This Interlocal Agreement shall be in full force and effect when executed by the City and County. ARTICLE IV ADMINISTRATION AND CONTRACT INFORMATION 4.1 ADMINISTRATOR: The Public Works Director shall administer this agreement for the County and the City's Public Works Director shall administer this agreement for the City. Kittitas County and City of Cie Elum Interlocal Agreement for Certified Acceptance Services 4.2 CONTACT INFORMATION: The following shall be the Parties' contact persons for administration of this agreement: NAME: Joshua Fredrickson NAME: Rob Omans TITLE: County Engineer TITLE: City Administrator ADDRESS: 411 N. Ruby St., Suite 1 ADDRESS: 119 West First St. Ellensburg, WA 98926 Cle Elum, WA 98922 PHONE: 509-962-7523 PHONE: 509-674-2262 ARTICLE V COMPENSATION The City agrees to reimburse the County for services provided by the County on a time and materials basis when billed by the County, which amount shall not exceed $25,000 without written authorization from the City of Cle Elum. ARTICLE VI TERM This Agreement shall enter into full force and effect for five (5) years from August 2, 2023 and end August 3, 2028 subject to earlier termination as provided by Article VII herein. ARTICLE VII TERMINATION This agreement may be termination by a writing executed by both Parties and adopted by resolution of each Party's legislative body. Either Party may terminate this Agreement upon thirty (30) days written notice, either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the other Party's contact at the address in Article IV and to its legislative body. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. ARTICLE VIII DISPUTES 8.1 TIME: Time is of the essence of this Agreement. 8.2 DISPUTE RESOLUTION: In the event that a dispute arises regarding any matter addressed in or related to this Agreement, the Parties agree first to attempt to resolve such dispute by a telephone call between the contact persons as provided by Article IV herein of each Party, or authorized designee(s). If the matter is not resolved by consultation in a telephone call, the Parties agree that before taking any other action or seeking any remedy, the Parties' contact persons as provided by Article IV herein of each party, or authorized designee(s), will participate in a good faith in -person negotiation to resolve any such dispute. Kittitas County and City of Cle Elum Interlocal Elgreement for Certified Acceptance Services 8.3 GOVERNING LAW AND VENUE: This Agreement shall be governed exclusively by the laws of the State of Washington. Venue of any action brought to interpret or enforce the terms of this Agreement shall be in the Superior Court of Kittitas County, Washington. 8.4 ATTORNEY' S FEES: If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each Party shall pay its own attorney's fees incurred in that action, arbitration or proceeding. ARTICLE IX INDEMNIFICATION Each Party shall defend, indemnify and hold harmless the other, as well as its officers, agents and employees, from and against any and all claims, demands, losses and liabilities to or by third parties arising from, resulting from, or connected with, services performed or to be performed under this Agreement to the fullest extent permitted by law, whether arising from Agreement liability(ics) or otherwise. This duty to indemnify shall not apply to liability from damages arising out of bodily injury to persons or damages to the property caused by, or resulting from, the sole negligence of the County, the City, or their respective officers, agents, and employees. This duty to indemnify for liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the County's, and the City's agents or employees shall apply only to the extent of negligence of the County's, and the City's agents, employees, subcontractors, and suppliers. Both Parties specifically and expressly waive any immunity that may be granted under the Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, benefits payable to or by any third party under Worker's Compensation Acts, Disability Benefits Acts, or other employee benefit acts. This duty to defend, indemnify, and hold harmless shall include all related costs, reasonable attorney fees, court costs and related expenses asserted against or incurred by the County, the City, or their respective officers, agents, and employees. The Parties hereby certify that these indemnification provisions were mutually negotiated and agreed to by the Parties. ARTICLE X PERFORMANCE OF AGREEMENT 10.1 COMPLIANCE WITH ALL LAWS: Each Party shall comply with all federal, state, and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation, all those pertaining to wages and hours, confidentiality, disabilities, and discrimination. Kittitas County and City of Cie Elum Interlocal Agreement far Certified Acceptance Services 10.2 MAINTENANCE AND AUDIT OF RECORDS: Each Parry shall maintain books, records, documents, and other materials relevant to its performance under this Agreement_ These records shall be subjected to inspection, review and audit by either Party or its designee, and the Washington State Auditor's Office. Each Party shall retain all such books, records, documents, and other materials for the applicable retention period under federal and Washington law. 10.3 ON -SITE INSPECTIONS: Either Party or its designee may evaluate the performance of this Agreement through on -site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state, and local laws, rules, regulations and ordinances. 10.4 TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 10.5 IMPROPER INFLUENCE: Each Party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each Party agrees, warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 10.6 CONFLICT OF INTEREST: The elected and appointed official and employees of the Parties shall not have any personal interest, direct or indirect, in this Agreement which gives rise to a conflict of interest. 10.7 ASSIGNMENT AND SUBCONTRACTING: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of both parties. 10.8 NOTICE: Subject to the requirements of any applicable statute, any notices required or permitted by law or under this Agreement shall be in writing and shall be (i) personally delivered, or (ii) sent by first class certified or registered mail, return receipt requested, with postage prepaid, or (iii) dispatched by facsimile transmission (accompanied with reasonable evidence of receipt transmission and with a confirmation copy mailed no later than the day after transmission) to the Parties' addresses set forth in Article IV. ARTICLE XI GENERAL PROVISIONS 11.1 CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended, or waived only by written agreement signed by the Parties and adopted by resolution of each Party's legislative authority. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence, or omission. Waiver of breach of Kittitas County and City of Cle Elum Interlocal Agreement for Certified Acceptance Services any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 11.2 ASSIGNMENT: Neither Party may assign its rights or delegate its duties under this Agreement, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 11.3 SEVERABILITY: In the event any term or condition of this Agreement or application thereof of any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11.4 ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the Parties. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. The recitals to this Agreement are incorporate by reference and are part of the Agreement. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 11.5 FILING: Pursuant to RCW 39.34.040, this Agreement shall be posted on. the County's website. 11.6 HEADINGS: The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or to be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 11.7 SAVINGS CLAUSE: Nothing in this Agreement shall be construed so as to require the commission of any such act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. 11.8 INTERPRETATION: This Agreement has been submitted to the scrutiny of all Parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any Party or its counsel. No stricter construction or interpretation of the terms hereof shall be applied against any Party as the drafter hereof. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. Kittitas County and City of Cle Elum Interlocal Agreement for Certified Acceptance Services ADOPTED THIS DAY OF , 2023 CITY OF CLE ELUM Mayor ATTEST: City Clerk ADOPTED THIS DAY OF , 2023 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Attest: ❑ Clerk of the Board- Julie Kjorsvik Brett Wachsmith, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Laura Osiadacz, Commissioner Kittitas County and City of Cle Elum Interlocal Agreement for Certified Acceptance Services KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STLrDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Easton 11 Street Vacation Request ACTION REQUESTED: Direct Staff LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Schedule a public hearing receiving testimony regarding the proposed vacation of a portion of 1st Street in Easton. BRIEFING SUMMARY: • Plat and recorded documents dedicated public right-of-way for 1' Street in Easton Adjacent property owner desires clearing title and having full use of the property. • Public Works (PW) supports the requested vacation with no value for the vacated right- of-way. BACKGROUND: Right -of -Way for 1st Street in Easton was dedicated to the County on the Plat of South Easton, Book 2 of Plats page 24. 1" Street traverses through Parcel Numbers 441934, 491934, 481934 and 501934. This right-of-way was dedicated for public use, Public Works is required to follow the vacation process pursuant to County code and State law. DISCUSSION: Public Works received an application to vacate the right-of-way for a portion of the unconstructed 1st Street in Easton (EXHIBIT 1). 1' Street right-of-way separates four parcels, under three separate ownerships. The property owners desire to vacate the area of the current right-of-way (EXHIBIT 2). The action allows the property owner to no longer be burdened by the right-of- way. PW is proposing that no value be assigned to the right-of-way as no improvements have been created impacting any Road Fund expenditure. A subsequent record of survey by the property owners will be needed to clear title and allow full use of the proponent's property. PW supports the requested vacation of a portion of I' Street right-of-way. The alley way running east -west would not be vacated, as this would be required for access to parcels to the east (EXHIBIT 3). FISCAL IMPACTS: The applicant has paid PW's vacation application fee of $3,888.00. ATTACHMENTS: EXHIBIT 1: Road Vacation Application EXHIBIT 2: Book 2 of Plats Page 24 EXHIBIT 3: Proposed Vacation Location Page 1 of 4 Public Works "Work Session Staff Report" 2023 EXHIBIT 1: ROAD VACATION APPLICATION Page 2 of 4 Public Works "Work Session Staff Report" 2023 DEPARTMENT OF PUBLIC WORDS Road Vacation 3 888.DDcat ion Fee: $LhX� � �qO" , Applicant I Desianated Agent Name Addre: Phone Number S2 C? — 7Y C/ " f) / ProaeMi Owners A iacent to Vacated Area (if No-cesIllry, attach more sheets for additional i i n. Name —1 r" �' (� 1� �, fi:±::� Address .-".__ t�.Sr� x C `� 4+ K` Phone Number T� oo _. Name Address 1 Q r)l-,,,3 Phone Number j r 3 8 Lgallon (Any of the following, please be as accyg to allpossible) Mites County Public Monts is w9 ing to assist with this process if the applicant or designated agent requests assistance. Leaal DescrMbon_ 411 N. Ruby. Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 12 Dept. of Public Works Page 2 OR Vacated from Mile Post to Mile Post Vacated from End of Driveway at T P to Driveway at U- ff r k 11LILoc LS l l ve, Reason for Rtauest• /5f S'r�--ttv c4 t% d " &-c w ,� p1�1j 1 �l 5 ,IlaS iP ;";-f Additional Notes of Comments: If h'qs �h �A, Please submit completed application and application fee to: Kittitas County Public Works 411 North Ruby, Suite 1 Ellensburg, WA 98926 411 N. Ruby Sheet, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 � 1 r ♦ w ♦ ♦ ww,♦ w, �/c[w rl � w IOIL -•----- ---•-•----••- ---/V�-,------...... - - -._..._...-------¢=°=-------- P J♦ f � ' i 6 5 4 3 N i 9 1 Sr n Tt r_ tJ• I [} 6 5 $ 3 lr-, T rr .741 S J+ Y4441 140 Il 1 T fl�TlE �y� c�r.[-1.J7..fr�7ftl`dAb�__ _Lis.BawrAtrs[! 5caie 100 ff. to an chL nvES 7 r KIMTAS COUNTY PUBLIC WORKS Receipt Number: PW23-00512 AL 411 N. Ruby Street, Suite 1 Ellensburg, WA 98926 [UTTITA,S COUNTY 509-962-7523 I www.co.kittitas.wa.us/publit-works f Payer/Payee: GRAHAM, NATHAN A Cashier: REBECCA CRUSE Date: 07119/2023 2700 WILLOWDALE RD Payment Type; CHECK (09904) ELLENSBURG WA 98926-9383 —1 fee -Description Fee Amount Amount Paid Fee Balance Road Vacation $3,888.00 $3,888.00 $0.00 RD-23-00002 TOTALS: $3,888.00 $3,888.00 $0.00 TOTAL PAID: $3,888.00 Printed 07/19/2023 08:42:00 by Rebecca Cruse pasp 1 or 1 EXHIBIT 2: BOOK 2 OF PLATS PAGE 24 Page 3 of 4 Public Works "Work Session Staff Report" 2023 td. O!dd 1. 14 tiII}hMfli Li 7o m jig I iA 41 L4 EXHIBIT 3: PROPOSED VACATION LOCATION Page 4 of 4 Public Works "Work Session Staff Report" 2023 t f CABIN CRK. RQ.. 0 50 Ea0 200 ! t I I I I I I I ! i I I I I I 1 inch 1.00 ft I / / i 1 / # ]TpTA� COLIN � E \`` �``� �• B'SEPIUAGENNA i I ----------- i PEL.TON AVE.ED -"= I 0 BIZ csE ' rnl¢ cn i 1 L PROP NEW PAS LIW i 1 I A) � 4 F � W afi � Ali I � �. t�� ,'-• I a cn Z a. Zlc� (LIZ I I I sfi ¢ I I � I I Z I KICHELOS AVE, (VACATED) PROPOSED AREA TO BE VACATED (2 HATCHED AREAS) TOTAL 12000 SQ FT KITTITAS COUNTY PUBLIC WORKS I NAME I ST STREET VACATION 411 N. RUBY ST., ELLENSBURG WA 98926 EASTON, WA 98925 (509) 962-7523 www.co.kittitas.wa.us I LO V€ all A SHEET PT NE1 4 SEC 14, °f T20N, R 13E., W.M. � DRAWING TYPE EXHIBIT DRAWING PARCEL NO. 441934 et QI SCALE: 1 "= 100, PRO,;ECTf S MAP I.D. 20-13-14050-0401 et aT- 08 01 2023 DRAWN BY: J. T URNBULL CHECKED:,. TURNBULL KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Hyak Drive East ACTION REQUESTED: Informational — No Board action required LEAD STAFF: Joshua Fredrickson RECONLMENDATION: Informational briefing — no Board of County Commissioners (BoCC) action is required. BRIEFING SUMMARY: • Auditor File Number 462834 deeded right-of-way from Kittitas County Sewer District No. I to the County for the southern portion of Hyak Drive East. • Various roads in Hyak were improved through a Road Improvement District (RID) completed in the early 1990's. • 1996 Resolution approved to bring RID roads in Hyak onto the County system. • Resolution 2012-010 brought a segment of Hyak Drive East onto the County system. • Resolution 2013-121 brought the existing turn -around onto the County system. • Deeded section of Hyak Drive East is not an on -system road (unopened county right of way). BACKGROUND: In 1982 Kittitas County Sewer District No. 1, the predecessor to Snoqualmie Public Utility District (SPUD), deeded to Kittitas County a portion of property for right-of-way. This right-of-way extends from Hyak Drive East to national forest lands. As development continued in the area the County established a Road Improvement District (RID) to make improvements to various roadways in the Hyak area. These roads were brought onto the County Road system through resolution. The County built a shop at the paved end of Hyak Drive East, along with a turnaround at the county shop. SPUD has constructed facilities along the section of right-of-way deeded to the County. DISCUSSION: The paved portion of Hyak Drive East receives regular maintenance and snow plowing, as it is an on -system roadway. This road segment serves the County/SPUD joint use maintenance shop. During winter months a gate is closed at the end of the pavement where a turnaround exists, preventing vehicles from continuing to Forest Service Road 9070. The County has right-of-way deeded for approximately 785 feet south of the existing turnaround. The right-of-way continues to the FS road. There is not a turn around Page 1 of 4 Public Works "Work Session Staff Report" 2023 at the end of the County right-of-way. This section of roadway has not been brought on - system. FISCAL IMPACTS: Change in road status would result in increased maintenance costs. ATTACHMENTS: EXHIBIT 1: Location Map EXHIBIT 2: Dedication Deed 462834 Page 2 of 4 Public Works "Work Session Staff Report" 2023 EXHIBIT 1: Location Map Page 3 of 4 Public Works "Work Session Staff Report" 2023 EXHIBIT 2: Dedication Deed 462834 Page 4 of 4 Public Works "Work Session Staff Report" 2023 ......................................... `- net tMtt tzlttYtu roa treoeoars USE. ' ! i rr a on Filed (or Record at Request of 46 : .AIL I PII x9 lvamr.................... .......................... ............._..............,. Addiea.. . _ .. .......... r ........ —......_.,_... _ ..„........ «..._ Cityand Stake ........... ............................._....„... r..�.- DEDICATION DEED GRANTOR(S) — KITTITAS caupT! 581 DI�TRICT_NQ._I_._,_ _y___ for and in consideration of the sum of One Not_lao-------^-------------------�--- (31-- Dollar, to us in hand paid, and in further consideration of the general public welfare, do by these presents grant, convey and dedicate to County, Stale of Washington, for the use of the public as a county mad and appurtenances the following de. scribed real property in the County of _—ISiTT1TA�_ State of Washington: A right-of-way for road purposes 60 feet wide lying 30 feet on each side of the following described centerline: •8egitming at a point on the South line of the Southwest quarter of Section 13, Township 22 North, Range 11 E., W.M., being South 89" 18' 35" East 31.12 feet from the Southeast corner of Lot 28, NYAK ESTATES NO. 4, according to the Plat thereof recorded in Volume 5 of Plats, Pages 18 and 19, records of Kittitas County, Washington; thence North 14 42' 21" West parallel to the Easterly line of said Nyak Estates No. 4, 409.67 feet; thence an a curve to the right with a radius of 100.00 feet, central angle of 80' 47' 01" and a lengtb of 140.99 feet; thence North 66' 04' 40" East 218.83 feet to the Westerly right-of-way line of road granted by instrument recorded in Volume 130, Page 617, under Auditor's File No. 350158, records of Kittitas County, Washington, and the terminus of said centerline. The side lines of said strip to be shortened or lengthened to terminate at the South line of said Southwest quarter and at the Westerly line of said Roadway. TO HAVE AND TQ, HOLD the said described premises unto the said rrrx rrae County and its successor or successors for the use of the public forever. WITNESS our hands and scale this `2v day of - D. 19-IA ACCEPTED 8Y - ._ .- -.... _ .. . . ............... ..„ .. & iT.IT 11N1Y 8A(R1u►R iYl1AR11 OF •-J err yOra" COUNTY COMISSIONERS on...�5..l. .._ STATE OF VE ASMINCTON. 8reresery _ � iC±trt%'} Couttly.of ` 44 On this w)3 `� day of k ►ua_ , 19 �" G1 before me, the undersigned, �. A Kbtary Public in and for the State of Righington, duly comTipsToned end sworn, petsoriAlly appeared �.. %L end to are known to -be the President and Secretary, retpeetimly, or Kittitas County Sewer District No. 1, the corporation that executed the foregoing instniment, and acknowledged the said iusirunkru to he the frte and voluntary act and deed of said corporation, for the uses and purpmes therein mentioned, and an osth :taud that t Mty-I LV- L.C.- authorized to execute the said instrument and that the seal affixed is the corporate real or said eorpolation. Witness my hand and official sea] hewo stfixed the day end )-car first ahore w itten. «..w�itesut.S..Ow..�,., �.:�.... 5 o'ktr.�•:x�' ...........................«... lfoftvy public in aAdlot �e State af. ll'a>a4ingup, �l..Y.t'i• r +w.��•a.• ■.,. ram.. .-r �.. ... .r.+ar. ra+++r...wrrw��w KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: 2023 Drought Press Release ACTION REQUESTED: Direction to staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to issue press release notifying exempt well users relying on back mitigation about protections and limitations. BRIEFING SUMMARY: • On July 24th, 2023, the Department of Ecology declared drought in parts of 12 counties, including the Yakima Basin portion of Kittitas County. • In the May 23, 2014, settlement agreement between Futurewise, the Kittitas County Conservation Coalition, RIDGE Association, the Washington State Department of Ecology and Kittitas County, Kittitas County committed to notify mitigated pre-existing exempt well users that they are at risk of being curtailed except for indoor domestic uses and irrigation of 500 sq. ft. of exterior yard during times of drought. • County staff recommends conducting this notification via a press release. BACKGROUND: On July 24th, 2023, the Department of Ecology declared drought in parts of 12 counties, including the Yakima Basin portion of Kittitas County. Kittitas County has purchased water rights to provide "back mitigation." This back mitigation provides water security to historic exempt well uses. These protections are limited to indoor domestic uses and irrigation of up to 500 square feet of exterior yard. In the May 23, 2014, settlement agreement between Futurewise, the Kittitas County Conservation Coalition, RIDGE Association, the Washington State Department of Ecology and Kittitas County, Kittitas County committed to notify mitigated pre-existing exempt well users that they are at risk of being curtailed except for indoor domestic uses and irrigation of 500 sq. ft. of exterior yard during times of drought. County staff recommends conducting this notification via a press release. Page I of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DISCUSSION: The full commitment is the May 23, 2014, settlement agreement is to "implement a prepared water conservation program for those new and existing rural domestic ground water users such that minimal uses of ground water are consumed. This will include notification to mitigated pre-existing exempt well users that they are at risk of being curtailed except for indoor domestic uses and irrigation of 500 sq. ft. of exterior yard." Staff recommends that the press release identify water conservation measures and recognizes the need develop this Rural Area Drought Management Program. FISCAL IMPACTS: Staff time associated with outreach is included in the Water Resources annual budget. ATTACHMENTS: Exhibit 1: Press Release Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMN ESSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Press Release Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT PRESS RELEASE Date: August 14, 2023 Contact: Arden Thomas, Water Resources Program Coordinator, 509-962-7523 KITTITAS COUNTY RESIDENTS URGED TO CONSERVE WATER On July 241, 2023, the Department of Ecology declared drought in parts of 12 counties, including the Yakima Basin portion of Kittitas County. This drought declaration recognizes that early snowmelt, a lack of spring rain, and low stream flows are creating hardships for agricultural uses and natural ecosystems. Pro -ratable water users within our community are receiving 72% of their water allotments, junior water users have been curtailed, and instream flows are critically low. Water is a scarce and valuable resource for our community and residents are asked to conserve water. Kittitas County has secured water rights to provide the legal backing of junior groundwater uses associated with small-scale individual well use. Due to this work, residents relying on these types of wells to provide indoor domestic water have improved water security even during times of drought. This protection is limited to indoor domestic uses and irrigation of up to 500 square feet of exterior yard. All County residents are urged to conserve our critical groundwater resources particularly during this declared drought period. Important steps we can take to conserve water include: Utilize efficient irrigation methods; • Identify and fix leaks in your plumbing fixtures and irrigation systems; • Wait until you have a full load before running the dishwater or washing machine; • Consider installing low flow fixtures. Utilizing native plants and plants adapted to our local climatic conditions is one tool we can use to conserve water over the long term. The Heritage Garden Program is a local initiative that promotes the use of native plants especially those of cultural significance; promotes low water use landscaping & efficient irrigation methods; and educates our community about the history and biodiversity of the Columbia River Basin. More information about Heritage Garden Program is available online at www.h cd.info or through the Kittitas County Conservation District https://www.kccd.net/herit arg dens. Kittitas County is working with Yakima Basin Integrated Plan partners to improve water reliability through wide -spread adoption of water conservation measures, construction of new ground and surface water storge, habitat and watershed protection and restoration, and market re -allocation. More information about the Integrated Plan is available online at www. https://yakimabasininteuatedplan.or KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Water Availability for Ski Tur and Starwater Developments. ACTION REQUESTED: Informational LEAD STAFF: Arden Thomas RECOMMENDATION: Informational. BRIEFING SUMMARY: • The Ski Tur and Starwater communities are two adjacent recreational subdivisions located at Snoqualmie Pass, within the Gold Creek Valley and outside the Snoqualmie Pass Utility District. • The Yakama Nation requested that the State Departments of Health and Ecology reassess the number of approved water system connections for the Ski Tur Valley and Starwatcr communities. • Starwater did not develop its Group A system and is currently a Group B System with six (6) connections. There are approximately 49 building sites within the platted Starwater development that have not been constructed. This land is in common ownership. Additional groundwater use needs to meet legal and physical water availability requirements. • The Department of Health has shared that it will notify the Ski Tur Valley community that due to the unavailability of water in Gold Creek, the junior nature of the surface water right for the Ski Tur Valley system, and the risk of impairment claim, the number of approved connections will be reduced from 65 to the 40 existing connections. This determination will impact 25 undeveloped lots. * Initial conversations with the Snoqualmie Pass Utility District indicates that the utility is open to exploring options to provide water to the Ski Tur Valley and Starwater communities. BACKGROUND: The Ski Tur Valley and Starwater communities are two adjacent recreational subdivisions located at Snoqualmie Pass, within the Gold Creek Valley and outside the Snoqualmie Pass Utility District. Gold Creek annually dewaters, and the Yakama Nation requested that the State Departments of Health and Ecology reassess the number of approved water Page I of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT system connections for the Ski Tur Valley and Starwater communities, which rely on junior water rights for their water systems. The Ski Tur community established a Group A Water System initially approved for 65 connections, with 40 connections already established. While Starwater originally obtained preliminary approval as a Group A Water System, final approval required a certificate of construction within two (2) years (January 1982) unless an extension was arranged. This extension was never requested and in 1985 the Department of Health noticed the applicant that the system was unapproved. Only six (6) connections were established, and this system is managed as a Group B Water System, overseen by Kittitas County. The Washington State Department of Health shared with Kittitas County staff that they intend to provide notification to the Ski Tur Valley community that due to the unavailability of water in Gold Creek, the junior nature of the surface water right for the Gold Creek system, and the risk of impairment claim, The Department of Health is revising the number of connections from 65 down to the 40 existing connections. DISCUSSION: As part of their due diligence review, the potential buyer of the remaining Starwater lands has reached out to Kittitas Couty staff with questions about water availability. Staff has noticed them about the lack of mitigating water rights and associated challenges associated with development. Initial conversations with the Snoqualmie Pass Utility District indicates that the Utility is open to exploring options to provide water to the Ski Tur Valey and Starwater communities. FISCAL IMPACTS: Water availability impacts Kittitas County revenue, based on adjustment to tax assessment and development potential. ATTACHMENTS: Exhibit 1: Yakama Nation Letter Exhibit 2: Department of Ecology Letter Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT I : Yakama Nation Letter Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Confederated Tribes and Bands of the Yakama Nation July 13, 2022 Sent via email. and USPS mail Sage Park Regional Director, Central Region Washington State Department of Ecology, 1250 W. Alder Union Gap, WA 98902 Sage.park@ecy.wa.gov Established by the Treaty of June 9,1855 Holly Myers Director, Office of Drinking Water Washington State Department of Health PO Box 47822 Olympia, WA 98504 Holly.myere@cloh.wa.gov RE: Water Rights for Group Systems in Gold Creek Valley Dear Sage Park and Holly Myers: I write on behalf of the Yakama Nation Department of Natural Resources (" fN-DNR") water use concerns in the Gold Creek Valley. The aquatic life within Gold Creek is of critical importance to the Confederated Tribes and Bands of the Yakama Nation ("Yakama Nation").1 Even during wet water years, significant portions of Gold Creek dewater in August and September.x Gold Creek is home to a genetically distinct Bull Trout population that was listed in 1998 under the United States Endangered Species Act ("ESA"). Currently, the situation for Bull Trout is so dire that multiple agencies (Yakama Nation, Washington State Department of Fish & Wildlife, the United States Fish & Wildlife Service, and Mid -Columbia Fisheries) annually rescue stranded Bull Trout from isolated pools in Gold Creek, The isolated pools are the last remaining refuge for Bull Trout during annual low flow periods in a system impaired by dewatering. The Ski Tur Valley and Star Water systems are authorized for continued development and new connections by the Department of Health. According to Department of Ecology's Water Right Tracking System, the systems rely upon the following water rights: 'Yakama Nation reserves the right to make all arguments and to pursue all remedies available concerning this matter. Nothing herein is intended to limit, define or diminish Yakama Nation's Treaty -reserved rights. 'Natural Systems Design, "Gold Creek Hydrologic Assessment Memo," December 5, 2013, available at httpa://www.kittitasaonservationtrust.orglwp-oontentluploads/2018/06IGold-Creek-2013. Hydrologymemo.pdf (last visited June 22, 2022). Fort 0mce Box 151, Fort Road, Toppenhh, WA 96M (54i9) 855-SI21 Water Right Priority Date Qi Qa G4-25791C(A) 3/6/1978 26.5 GPM 11.5 G4-257910(B) 3/6/1978 26.5 GPM 11.5 54-83089-J 12/17/1973 0.06 CFS 48.5 The water rights for the SkiTur Community (54-83039) are listed under the attached "Revised Order Limiting Post-1905 Diversions During Periods of Water Shortage," which states that: "..., in any year in which the U.S. Bureau of Reclamation implements prorationing, those parties who have rights to divert water from the Yakima River or its tributaries with a priority date later that May, 101905 shall cease all diversions of water from the Yakima River or its tributaries during the period of time when a proratable water user receives less than its full entitlement." The Department of Health has authorized the following number of connections for the group A and B systems respectively, even though these rights are Junior and subject to curtailment. Water System Name Group I-- Approved Calculated Connections Connections Ski Tur Valley A 65 39 Star Water B 52 5 In the same area, Yakama Nation also holds a time immemorial water right (54-84764) for "the minimum instream flow necessary to maintain fish and other aquatic life." YN-DNR formally requests reassessment of the number of authorized connections for these water systems. The water rights relied upon by these two water systems clearly threaten Yakama Nation's Treaty -reserved rights, proratable users and ultimately violate the ESNs prohibition on take. Continued development of the water systems using unreliable water rights puts the entire community at risk and exacerbates an existing problem. Action is needed by the Departments of Ecology and Health to avert this undesirable outcome. Thank you, Philip Rigdon, Superintendent Yakama Nation Department of Natural Resources Encl: Revised Order Limiting Poat-1905 Diversions During Periods of Water Shortage, Case No. 77-2-01484-5, March 10, 2005 EXHIBIT 2: Department of Ecology Letter Page 4 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT 1859 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Central Region Office 1250 West Alder St., Union Gap, WA 98903-0009 a 509-575-2490 September 2, 2022 Holly Myers, Office Director Washington State Department of Health Office of Drinking Water Re: Department of Health technical assistance request to review Ski Tur Valley and Starwater Water System Plans This technical assistance memorandum is in response to a request made by Holly Myers from the Department of Health (DOH) Office of Drinking Water on July 29, 2022 of the Department of Ecology (Ecology) to review the Water System Plans for Ski Tur Valley and Starwater Water Systems. Background Ecology reviewed the following documents supplied by DOH: • Ski Tur Valley Maintenance Association Small Water System Management Program dated July 2001 • Ski Tur Valley Maintenance Co. Abbreviated Comprehensive Water Plan dated February 1995 0 Water Service Plan for Starwater dated October 1977. Only one surface water right was found for the systems, S3-22384C (see Table 1). This surface water right certificate, from a spring, was issued on August 22, 1978 and has now been superseded by adjudicated certificate S4-83039-J. This right is for 0.06 cubic feet per second (cfs), 43.5 acre-feet per year, from an unnamed spring, for the use of continuous community domestic supply for 101 recreational connections. In addition to the surface water right listed in the supplied documents, Ecology notes that within the service area of both systems, there are two additional groundwater certificates, G4-25791(A)C and G4-25791(B)C (Table 1). The places of use of these certificates look to cover portions of the service area. These groundwater certificates are each for 26.5 gallons per minute (gpm), 11.5 acre-feet/year, from an infiltration gallery, for the use of continuous community domestic supply for 23 units. The priority date of these certificates is March 6, 1978. Physical Availability Gold Creek, which Ski Tur's spring and Starwater's infiltration gallery may contribute to, has water availability issues. Gold Creek frequently goes dry according to reports from the Yakama Nation and a study done by Natural System Design for Kittitas Conservation Trust in 20141 1 Natural System Design, "Gold Creek 2014 Hydrologic Assessment Memo" Seattle, WA, 2014, htts: view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.kittitasconservationtrust.ore%2Fwp- content%2Fuploads%2F2018%2F06%2 FGold-Creek-2014-Hvd rologv-memo.docx&wdOrigin=BROWSELI N K Legal Availability In the Yakima River basin, all rights with a priority date later than May 10, 1905 are subject to curtailment when the United States Bureau of Reclamation (USBR) total water supply available (TWSA) forecast is below 100%. Curtailment of post 1905 water right based on the TWSA may occur as much as 3 out of 10 years. As a result, these water systems are not reliable for domestic uses. Table 1. Existing Water Rights Water Right Priority Date Source Instantaneous Quantity Annual Quantity 54-83039-1 12/17/1973 Unnamed Spring 0.06 cfs 43.5 ac-ft/yr G4-25791C(A) 03/06/1978 Infiltration Gallery 26.5 gpm 11.5 ac-ft/yr G4-25791C(B) 03/06/1978 Infiltration Gallery 26.5 gpm 11.5 ac-ft/yr cfs = Cubic Feet per Second; gpm = Gallons per Minute; ac-ft/yr = Acre-feet per Year Municipal Supply Purposes RCW 90.03.015(4)(a) states that ""Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year...". None of the rights referenced above state that they are for municipal water supply purposes and when looking at the Water Facilities Inventory Report, Ski Tur Valley may not meet the definition of a municipal water supplier. The reports, information submitted, and information found on DOH's Sentry webpage show that these systems may meet the second portion of the definition "for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year" but more data and information are needed to make that determination. If these rights do not meet the definition of municipal water supply purposes, they would be subject to relinquishment. Conclusion • Gold Creek goes dry in low water years and is often dewatered during certain times of the year. • Due to the unavailability of water in Gold Creek, Ski Tur and Starwater are subject to curtailment when TWSA is not at 100%, which occurs as much as 3 out of 10 year. These systems are also at risk of an impairment claim when the Yakama Nation's time immemorial water right is not being met, and if any water right with a senior priority date is impaired by the diversion of this right. • Water rights issued for community domestic supply that do not meet the definition of municipal water rights are subject to relinquishment. If you have any questions, please contact me at Christopher.kossik@ecy.wa.gov or (509) 379-1826. Sincerely, / r Christopher Kossik Interim Permitting & Operation Unit Supervisor Water Resources Program ecc: Sage Park, Department of Ecology Heather Simmons, Department of Ecology KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Water Right Change Application ACTION REQUESTED: Direction to staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to submit the Water Right Change Application BRIEFING SUMMARY: • In 2018, Kittitas County purchased real and appurtenant water rights. • Solid Waste is developing the site and no longer needs the water rights. • Public Works has prepared a water change application, which is required to change the purpose and use of the water right to instream flow and mitigation and placing the water right in the state trust water right program. • Previous Water Right change applications have been signed by a County Commissioner. • Public Works staff recommends first offering the water right to City of Kittitas for purchase to support their long-term water needs before moving the water right into our existing water right portfolio. BACKGROUND: In 2018, Kittitas County Solid Waste Department purchased real property (parcel 611033, US 97/01d Highway 10) and appurtenant water rights. Solid Waste is developing the site and no longer needs the appurtenant water rights. Public Works has prepared a water change application, which is required to change the purpose and use of the water right to instream flow and mitigation and placing the water right in the state trust water right program. DISCUSSION: Previous Water Right change applications have been signed by a County Commissioner. Public Works staff recommends first offering the water right to City of Kittitas for purchase to support their long-term water needs before moving the water right into our water right portfolio. The City of Kittitas is currently working on identing their full mitigation needs. If the City of Kittitas is not interested in purchasing the water, then Public Works recommends marketing the water through the County's mitigation bank. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FISCAL IMPACTS: Solid Waste purchased the water right for $1,020,500 and will need to be compensated for their investment. Staff anticipates that the City of Kittitas will desire to purchase a portion of the water, and that the 403 Fund will be utilized to purchase the remainder. The 403 Fund balance is sufficient to pay for a portion of the water. If the City of Kittitas does not elect to purchase any of the water, then either alternative funding or payment strategy will need to be identified. ATTACHMENTS: Exhibit 1: Completed Change Application Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Completed Change Application Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT Application for Change/Transfer of a Water Right im Form No. ECY 040-1-97 (Rev 05-2020) DEPARTMENT OF • We strongly encourage applicants to seek pre -application consultation Eco�ocY prior to applying. • Refer to accompanying guidance to complete this form. • Incomplete applications will be returned. • All fees are non-refundable (RCW 90.03.470(13)). Processing option you are choosing: ❑ Standard Processing ❑ Cost Reimbursement 0 County Water Conservancy (Department of Ecology) Processing (Ecology Contractor) Board Processing (not available in all counties) A minimum $50 fee is required to Contact Department of Ecology to Fees charged by boards vary. Consult apply. Additional fees may apply. obtain information on fees for this with the appropriate board to Drought applications are exempt. option. determine the fee. Where to mail your application: Submit all applications for Department of Ecology and Cost Reimbursement processing to the Ecology's Cashiering Section address below. County Water Conservancy Board applications should be submitted directly to the appropriate board, if one exists. DEPARTMENT OF ECOLOGY CASHIERING SECTION PO BOX 47611 O LYM P IA, WA 98504-7611 Check the box for the region where your project is located. Central Region ❑ Eastern Region ❑ Northwest Region ❑ Office of Columbia River (OCR)* ❑ Southwest Region * OCR has jurisdiction for designated OCR projects, and new projects located within one mile of the Columbia River. To request ADA accommodation including materials in a format for the visually impaired, call Ecology Water Resources Program at 360-407-6872. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341. ECY 040-' 97 (Rev 03-2021) 1 of 16 WATER RESOURCES PROGRAM E DEPARTMENT OF ECOLOGY Application for Change/Transfer of a Water Right State of Washington A minimum filing fee of $50.00 is required for most applications. Additional fees may be required. I am applying to (check all that apply): ❑■ Change purpose(s) of use ❑ Add purpose(s) of use or acres ❑■ Change/transfer place of use ❑ Change point(s) of diversion/withdrawal ❑ Add point(s) of diversion/withdrawal ❑ Add or modify period of use Other (i.e., consolidation, intertie, trust water) Describe. Place Water Right in TWRP for instream flow and mitigation in Reecer Creek No tiling tee is required for applications for: ❑ Drought ❑ Cost Reimbursement Processing ❑■ Water Conservancy Board Processing County: KiHftas FOR OFFICIAL USE ONLY DATE APPLICATION RECEIVED CHECK NO. FEE $ DATE ACCEPTED BY CHANGE NO. COUNTY WRIA SPECIAL AREA SEPA: ❑ EXEMPT ❑ NOT EXEMPT ECY CODING: 001-002-WR10286-000011 DOC ID NO: APP NO, CERT NO. Date of pre -application consultation with Ecology: 7/2712022 Ecology staff contact: NoahWantzel 1. Water Right Information PERMIT NO. CERT OF CHG NO. WATER RIGHT OR CLAIM NUMBER RECORDED NAME(S) Yakima Adj. Court Claim No. 00576 (S4-83608-J) Duke and Dude, LLC HAS THE WATER BEEN USED AS DESCRIBED ON YOUR WATER RIGHT DOCUMENT IN THE LAST FIVE (5) YEARS? 0 YES ❑ NO WATER RIGHT OWNER PHONE NO. ALT PHONE NO. Kittitas County ADDRESS 411 North Ruby, Suite 1 CITY STATE ZIP CODE Ellensburg WA 198926 EMAIL ADDRESS (IF AVAILABLE) 2. Applicant Information APPLICANTIBUSINESS NAME PHONE NO. ALT PHONE NO. Arden Thomas, Kittitas County 1509-962-7690 ADDRESS 411 North Ruby, Suite 1 CITY STATE ZIP CODE Ellensburg WA 198926 EMAIL ADDRESS (IF AVAILABLE) arden.thomas@co.kittitas.wa.us ECY 040-1-97 (Rev 03-2021) Page 2 of 16 CONTACT (IF DIFFERENT FROM ABOVE) PHONE NO. ALT PHONE NO. Tyson D Carlson 1509-895-5923 206-696-1525 ' ADDRESS 1106 N 35th Ave CITY STATE ZIP CODE Yakima WA �98902 EMAIL ADDRESS (IF AVAILABLE) tcarlson@aspectconsulting.com 3. Purpose(s) and Period of Use A. Existing PURPOSE OF USE GPM or CFS ACRE-FTNR PERIOD OF USE Irrigation of 56 acres 4.33 1,075.2 April 1 to October 15 Stockwater 0.03 3 February 1 to November 30 B. Proposed (if different from 3A) PURPOSE OF USE GPM or CFS ACRE-FTNR PERIOD OF USE Instream Flow and Mitigation 4.36 1078.2 April 1 to October 31 4A. Existing Locations of Point(s) of Diversion or Withdrawal Describe your existing water use in Section 4A: source description, and either surface water or groundwater. Describe your proposed water use in Section 4B: source description, and either surface water or groundwater. Refer to accompanying guidance document for more information. Attach additional sheets if needed. Source Name Source Location Information (Legal Description) SOURCE NAME QTR i i (Reference by number below) QTR QTR SEC TWP RGE PARCEL NO. 1. Reecer Creek (Figure 1) SE NE 28 18 N 18 E 621033 ! 2. I 1 3. 4. Complete one of the following tables: A) for surface water, or B) for groundwater A) For existing surface water diversions ❑ SPRING © CREEK ❑ RIVER ❑ LAKE ❑ OTHER: SOURCE from GPSI 4A above TRIBUTARY TO: LAT-LONG 1. Yakima River 47.023672°,-120.586649' i 2. 3. 4. DO YOU OWN THE POINT(S) of DIVERSION? ❑ YES ❑■ NO ECY 040-1-97 (Rev 03-2021) Page 3 of 16 B) For existing groundwater diversions WITHDRAWAL DEVICE: ❑ WELL ❑ OTHER: NIA EXISTING WELL: ❑ YES ❑ NO NIA i SOURCE from 4A above WELL NO. WELL TAG NO. GPS1 LAT-LONG 1. NIA NIA NIA I 2, 3. 4. DO YOU OWN THE POINT(S) OF WITHDRAWAL? ❑ YES ❑ NO 413. Proposed Point(s) of Diversion or Withdrawal Source Name Source Location Information SOURCE NAME (Reference by number below) QTR QTR QTR SEC TWP RGE PARCEL NO. 1. Reecer Creek (Figure 1) 2 I 3. 4. Complete one of the following tables: A) for surface water, or B) for groundwater A) For proposed surface water diversions ❑ SPRING ❑ CREEK ❑■ RIVER ❑ LAKE ❑ OTHER: SOURCE from 4B GPS1 above TRIBUTARY TO: LAT-LONG 1. Instream Flow - Reecer Creek and Yakima River 47.023672°,-120.586649° 2 3. 4. DO YOU OWN THE POINT(S) OF DIVERSION? ❑ YES ❑■ NO B) For proposed groundwater diversions WITHDRAWAL DEVICE: ❑ WELL ❑ OTHER: NIA EXISTING WELL: ❑ YES ❑ NO NIA i SOURCE from 4B WELL above NO. WELL TAG NO. GPSI LAT-LONG 1. NIA NIA NIA 2. ! 3. i 4. DO YOU OWN THE POINT(S) OF WITHDRAWAL? ❑ YES ❑ NO ECY 040-1-97 (Rev 03-2021) Page 4 of 16 5. Place of Use A. Existing QTR QTR QTR SEC TWP RGE COUNTY PARCEL# # OF IRRIGATED ACRES 28 18 N 18 E Kittitas County 961884, 961885 & 931736 56 LEGAL DESCRIPTION OF LANDS WHERE WATER IS PRESENTLY USED: The portion of the SW1/4 SE1/4 of Section 28, T. 18 N., R. 18 E.W.M. lying southwesterly of the Burlington Northern Railroad right-of-way and that portion of the NW114 SE114 of said section describes as follows: Commencing at the southwest corner of said NW114 SE1/4; thence east 300 feet, more or less, to the point beginning; thence east 850 feet, more or less, to the Burlington Northern Railroad right-of-way thence northwesterly 1,030 feet, more or less, along said right-of-way; thence southwesterly 720 feet, more or less, to the point of beginning; and that portion of the SE114 SW114 of said section lying east of Desmond Rd. LEGAL LAND OWNER OF EXISTING PLACE OF USE (IF DIFFERENT THAN APPLICANT) Same PHONE NO. ALT PHONE NO. ADDRESS CITY STATE ZIP CODE EMAIL ADDRESS (IF AVAILABLE) B. Proposed (if different than 5.A) QTR QTR QTR I SEC TWP RGE I COUNTY PARCEL# # OF IRRIGATED ACRES SE NE 28 18 N 18 E Kittitas NIA NIA LEGAL DESCRIPTION OF LANDS WHERE NEW USE IS PROPOSED: Instream in Reecer Creek from existing point of diversion, downstream along the Yakima River to the confluence with the Columbia River, then downstream to the Pacific Ocean. LEGAL LAND OWNER OF PROPOSED PLACE OF USE (IF DIFFERENT THAN APPLICANT) NIA PHONE NO. ALT PHONE NO. ADDRESS CITY STATE ZIP CODE EMAIL ADDRESS (IF AVAILABLE) ECY 040-1-14 (Rev 03-2021) Page 5 of 16 All applicants must also complete Sections 6 through 11, except drought and Quincy Basin Artificially Stored Groundwater applications (see below). If you do not have the required information, make an appointment with your Ecology regional office to discuss your application. Applications submitted without the required information will be returned as incomplete. • If your water right change would impair an existing right, complete Section 6 through 11, and Attachment A, mitigation plan. Changes to water rights that will impair an existing right will be denied unless a mitigation plan is approved. • If you are applying to consolidate permit -exempt wells, complete Sections 6 through 11, and Attachment B • If you are applying for a change related to the Quincy Basin Artificially Stored Groundwater, stop here. Complete only Sections 7 & 11, and continue with Attachment C. • If you are applying for a change related to drought, stop here. Complete only Section 11, and continue with Attachment D. 6. Project Description (Provide your answers in a separate report, and reference the section number in your responses) Section Required information Reference(s) 6.1 provide a brief narrative explaining the general nature and intent of the proposed change(s) to the water right. 6.2 Are you aware of any compliance/enforcement actions that concern this water right? If so, describe. 6.3 If this water right has previously been changed, summarize whether the previously authorized changes have been completed. If the water right includes a diversion from a permitted reservoir, list all the 6.4 associated water rights, the maximum volume of water stored in the reservoir, and the means of withdrawal. 6.5 Attach a copy of any SEPA checklists or environmental analyses related to this project with this application. 6.6 For period of use change proposals, indicate the time of the year that the . POL 1200 water use is proposed. 6 For temporary change proposals, indicate the timeframe that the proposed pOL 1035 change would be in effect. 6.8 For municipal change proposals, provide the most recent water right self - assessment, if one exists, as submitted to the Department of Health (DOH). ECY 040-1-14 (Rev 03-2021) Page 6 of 16 SYSTEM DESIGN AND OPERATION Section Required information Reference(s) 6 9 j Provide a description of the existing water supply system from the point of diversion or withdrawal to the place of use. I Provide preliminary design plans and specifications for the proposed change, 6.10 ! including diversion or withdrawal and conveyance facilities, if applicable, and the proposed flow rate and volume design capacity. 6.11 For change Proposals adding a Purpose of use or adding irrigated acres, describe how the change proposal would affect return flow. 6.12 Provide the current and projected system efficiency covered by the water right proposed for change. 6.13 Provide an explanation of how the proposed use will not increase the PRO 1210 authorized maximum flow rate (Qi) or annual volume (Qa). GUID 1210 6.14 For surface water diversions, describe how your plans comply with WDFW RCW 77.57 fish screening requirements. DEVELOPMENT SCHEDULE Section Required information 6.15 Provide a general timeline that includes the steps needed to begin the project, complete the project, and put the water to full beneficial use. 6.16 For chan es to water rights currently under a development schedule, provide a description of the current status of your project. 6.17 I Identify and discuss other land -use or environmental permits required and the timeline to obtain those permits. 7. Related Water Rights Section Required information Reference(s) . 7.1 List any other water rights (applications, permits, certificates, or claims) related to this change application. Include any rights that overlap the place of use. + 7.2 Explain how the water rights listed above have been exercised.1260 s 7.3 List all wells that have been added through a Showing of Compliance form. POL ECY 040-40- 74 f 8. Historical Use Section Required information 8.1 Describe how the water proposed for change has been beneficially used since the water right was established. ECY 040-1-14 (Rev 03-2021) Page 7 of 16 Section Required information For the water right proposed for change and the portfolio of any related rights, provide the historical flow rate from each point of diversion or withdrawal (in 8.2 cubic feet per second or gallons per minute) and explain how the amount was determined (e.g., meter data or power records). Include information on how the water right was used historically, and how it is being used currently. If the requested change/transfer is for a water right claim, include evidence 8.3 demonstrating use of water prior to 1917 for surface water, or 1945 for ground water. For surface water diversions, explain whether streamflows were adequate to 8.4 exercise the right throughout the historical period of diversion. If available, provide streamflow records to support the conclusion. For 1groundwater withdrawals, explain whether there has been an adequate 8.5 supply of groundwater to exercise the water right throughout the historical period of withdrawal. Provide all groundwater data and methods used to support the conclusion. 8.6 Describe your procedures for remaining in compliance with the provisions of your existing water right. 8.7 If a water measuring device was installed, provide your measurement data. If a measuring device was not installed, do the pumps have a dedicated power 8.8 meter(s)? If so, provide an estimate of water use using the power consumption to water consumption equation described in WAC 173-173-160(2). If no 8'9 water use data are available, estimate annual use by using an alternative j method and explain your methodology. 8.10 Provide aerial photos, remotely sensed images, or other information and explain how they support the historical use. WATER USED FOR IRRIGATION Section Required information Reference(s) If channina the Purpose of use, refer to the Provisions section of your water RCW 90.66 8.11 right document to determine whether the right is subject to the Family Farm Water Act. If so, contact the appropriate Ecology regional office prior to completing this form (refer to map on page 1). Describe your irrigation scheduling practices (e.g., frequency and duration of 8.12 ' irrigation sets). Describe how data from soil moisture probes, weather forecasts, crop inspection, or other irrigation scheduling techniques were used to determine irrigation practices. If adding the irrigation of additional acres or a new purpose of use, provide POI- RUED 121 metering data for the most recent five-year period of continuous use. If 0-0 ` 8.13 metering data are unavailable, provide an estimate of water use for the most RCW 9.03.380 recent five-year period of continuous use and describe the methodology for this estimate. I ECY 040-1-14 (Rev 03-2021) Page 8 of 16 Section Required information Reference(s) If water has been used from a state or federal water project (contract water) on 8.14 the historical place of use, explain when and how that contract water was used. 9. Hydrogeologic Setting We strongly recommend that applicants consult with Ecology in a pre -application meeting prior to conducting 2ny hydrogeologic work, to determine the scope of data required for processing this application. Section Required information . i Provide a description of existing authorized points of withdrawal and proposed 9.1 wells, their locations, water well report, static water levels, pumping rates and E schedules, etc. If known, describe: • Geographic recharge and discharge areas • Seasonal variations of groundwater elevations 9.2 • Interrelationships between surface water and groundwater, and between aquifers • Barriers to flow • Hydrologic boundaries 9.3 Attach any available well information including: • Water well report E • Well diameter and depth Motor and pump specifications (Le., make, horsepower, and type) • Pump test data • Well locations (must be identified as outlined in Section 11) If known, describe the following charicteristics of the aquifer, and cite the source of that information: • Aquifer transmissivity • Aquifer storage coefficient and specific yield 9•4 Saturated thickness • Aquitard leakage • A detailed description of groundwater -flow boundaries • Water -level hydrographs for wells • Associated water -quality information 9.5 Additional hydrogeologic work may be required to process your application. 10. Environmental Assessment Section Required information 10.1 1 Describe the aquatic uses of any related surface water bodies (i.e., fish and wildlife, recreation and aesthetic, water quality, etc.). ECY 040-1-14 (Rev 03-2021) Section Required information Indicate whether the related surface water is fish -bearing, including whether it 10.2 is inhabited by salmonids. List species and the times of year they are present. httt s://anps.wdfw.wa.aov/salmonscape/ 11. Maps and other Documentation Section I Required information Attach detailed map(s) clearly indicating the following: • The existing places of use for all rights related to this proposed change. If any overlapping water rights for the place of use, or multiple rights that share the same point(s) of diversion/withdrawal exist, provide one map depicting all of the historical points of diversion, means of conveyance, and places of use. Identify related rights as such by water right number. • The county parcel numbers for the existing and proposed place(s) of use, unless the place(s) of use are for large service area such as that served by an irrigation district or municipal water system. Identify the 11.1 name of the irrigation district or the water system. • The existing and proposed locations of the point(s) of diversiontwithdrawal. • The names, informal or formal, used to identify each point of diversion/withdrawal (e.g., Well No. 1, River Well, S01, Smith Dam, etc.). • The proposed place(s) of use. • A grid layer referencing Section, Township, and Range of the area. • The location of the water delivery system and other such features relevant to your proposed change/transfer (e.g., mainlines, reservoirs, booster pumps, etc.) ECY 040-1-14 (Rev 03-2021) Page 10 of 16 Certain applications may incur a Real Estate Excise Tax liability for the seller of the water rights. The Department of Revenue has requested notification of potential taxable water right related actions and therefore may be provided with a copy of this request. For further information, contact: Department of Revenue Real Estate Excise Tax PO Box 47477 Olympia, WA 98504-7477 Phone (360) 570-3265 12. Signatures: I certify that the information above is true and accurate to the best of my knowledge. I understand that in order to process my application, I hereby grant staff from the Department of Ecology or the County Water Conservancy Board access to the above site(s) for inspection and monitoring purposes. If assisted in preparing this above application, I understand that all responsibility for the accuracy of the information rests with me. Cory Wright - County Commissioner Applicant Printed Name — Title Applicant Signature Cory Wright - County Commissioner Water Right Holder Printed Name Water Right Holder Signature Cory Wright - County Commissioner Landowner of Existing Place of Use Printed Name (Date: MMIDDIYYYY) (Date: MMIDDIYYYY) Landowner of Existing Place of Use Signature (Date: MMIDDIYYYY) Landowner of Proposed Place of Use Printed Landowner of Proposed Place of Use Signature (Date: MMIDDIYYYY) Name Authorized Representative Printed Name Authorized Representative Signature (Date: MMIDDIYYYY) ECY 040-1-14 (Rev 03-2021) Page 11 of 16 For additional information, contact the Ecology regional office where your project is located: Region Counties served Mailing Address Phone Central Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan, 1251 W Alder St Yakima Union Gap, WA 98903 509-575-2490 Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Eastern Grant, Lincoln, Pend Oreille, Spokane, Stevens, Walla 4601 N Monroe 509-329-3400 Walla, Whitman Spokane, WA 99205 Northwest Island, King, Kitsap, San Juan, Skagit, Snohomish, 3190 160th Ave SE Whatcom Bellevue, WA 98008 425-649-7000 Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Southwest Mason, Lewis, Pacific, Pierce, Skamania, Thurston, PO Box 47775 360-407-6300 Wahkiakum Olympia, WA 98504 ADA Requests To request ADA accommodation including materials in a format for the visually impaired, call Ecology Water Resources Program at 360-407-6872. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341. ECY 040-1-14 (Rev 03-2021) Page 12 of 16 Attachment A: Mitigation Plan Section Required information Identify any water rights (including permits, certificates, claims, instream Al flows, or legal permit -exempt wells), you expect to be impaired and identify the expected nature of that impairment. A2 Identify the source of supply for the proposed mitigation water. Describe how this mitigation water source will offset the impacts of the A3 proposed change. This should specifically address how the change in the amount of water in Section A4 will be offset by the source identified in Section A5. Estimate the change in consumptive quantity that would be available for A4 I the use being impaired. Describe the methodology used to support your estimate. Reference(s) A5 i Describe actions that will be taken to ensure mitigation will be maintained i for the duration of the water right change authorization. i List each water right being proposed for transfer, relinquishment, or + conveyance to the Trust Water Rights Program. A6 i Provide a history of beneficial use of each water right listed above and identify whether a separate water right change application has been filed for these water rights. A7 Provide copies of any agreements between you and other parties regarding mitigation for impacts, if applicable. Describe the benefits and costs, including environmental effects, of any RCW 90.03.255 A8 water impoundment or other resource management technique that is RCW 90 44 055 I included as a component of the application. For surface water, analyze whether there will be any increased water A9 supply from the impoundment or technique, including recharge of groundwater, as a means of making water available or otherwise offsetting diversion impacts. For groundwater, analyze whether there will be any increased water . A10 supply from the impoundment or technique, including recharge of groundwater, as a means of making water available or otherwise offsetting the impact of the diversion of surface water. If you intend to offset your new use, describe how and when non- WAC 173-500-050(5) consumptive water returns to ground water or surface water, and explain WAC 173-500-050(9) All I how this volume was estimated. Specifically describe how the quantity, POL 1020 timing and location of return flow would change if the proposed change is approved, ECY 040-1-14 (Rev 03-2021) Page 13 of 16 Attachment B: Consolidation of Exempt Wells RCW 90.44.105 provides that permit -exempt uses (RCW 90.44.050) may be consolidated with a valid right to withdraw groundwater only if all the following conditions are met. Section Required information Reference(s) Provide evidence that water from the exempt wells tap the same body of RCW 90 44.105(1) B1 public groundwater as the well with the water right to withdraw public ground waters. Show that suitable arrangements have been made to discontinue use of RCW 90 44 105(2) B2 the permit exempt well established under the exemption upon approval of the consolidation amendment. Provide copies of legally enforceable agreements that bind present and RCW 90 44 105(3) B3 future owners of the land from drilling and using another permit exempt well through appropriate title limitations. Show that suitable arrangements have been made to properly RCW 90.44.105(4) B4 decommission the permit exempt well(s) in accordance with RCW RCW 18.104. 18.104 and relevant Ecology rules. WAC 173-160381 -38 RCW 18.104 043 RCW 18.104.040 4 t I B5 Describe impacts to other existing rights, including ground and surface RCW 90.44 105(5) r water rights and minimum stream flows adopted by rule. . i Provide evidence that the amount of water used is consistent with the B6 average amount of water used for similar uses in the general area and explain how this was determined. I Is there an adopted Coordinated Water System Plan (CWSP) or RCW 70.116.030(1) B7 i Comprehensive Land Use Plan or another comprehensive watershed RCW 36 70A.070 management plan in place for this location? Please indicate yes or no. if 1 yes, please document whether your project is consistent with this plan. ECY 040-1-14 (Rev 03-2021) Page 14 of 16 Attachment C: Quincy Basin Change Authorizations Complete this attachment and the following sections of the Application for Change/Transfer of a Water Right: • Sections 1 through 5 • Section 7. Related Water Rights • Section 11. Maps and other Documentation Section Required information Reference C1 Provide a brief narrative explaining the general nature and intent of the WAC 173-124 proposed change(s) to the water right. C2 if this water right has previously been changed, summarize whether the previously authorized changes have been completed. ECY 040-1-14 (Rev 03-2021) Page 15 of 16 Attachment D: Drought Change Authorizations Complete this attachment and the following sections of the Application for Change/Transfer of a Water Right: • Sections 1 through 5 • Section 11. Maps and other Documentation Note: In order to apply for a Drought Change Authorization, your water source must be within an area covered by a formal drought declaration. Section Required information Reference(s) Describe the specific circumstances pertaining to your water shortage. D1 Describe how existing water rights are insufficient to address these impacts due to the drought. D2 Describe how the water right proposed for change will address these 1 impacts. Have you had any previous drought -specific authorizations for the RCW 43 83B.41 Q subject parcels? D3 If yes: • What are the Drought Authorization numbers? • Did those former authorizations cause impairment to other water users? For irrigation chances, indicate what types of crop(s) or orchard(s) you D4 will be growing this year. Describe how the crop(s) or orchard(s) may be impacted by this year's drought. ECY 040-1-14 (Rev 03-2021) Page 16 of 16 "Aspect &CON5UiTIN0 ECOLOGY APPLICATION SECTIONS 6-11 Application for ChangelTransfer of a Water Right - Form No. ECY 040-1-97 (Rev 01-2020) 6. Project Description 6.1 1 Provide a brief narrative explaining the general nature and intent of the proposed change(s) to the water right. Duke and Dude, LLC (Duke and Dude) is applying to transfer Yakima Adj. Court Claim No. 00576 (S4-83608-J) to Kittitas County (County) for use in their existing water resource mitigation program (water bank). To incorporate the water right into the County's mitigation program the water right must be placed into the State's Trust Water Right Program (TWRP). As such, this water right application proposes to modify the following attributes of the existing water right: The purpose of use to instrearri low and mitigation; and The place of use to Reecer Creek from the original point of diversion o the confluence with the Pacific Ocean. Once the water right is in the TWRP, the County will provide the associated mitigation to the City of Kittitas to provide a senior reliable water right for source reliability and growth. 6.2 ' Are you aware of any complianceienforcement actions that concern this water f right? If so, describe. No. 6.3 1 If this water right has previously been changed, summarize whether the previously authorized changes have been completed. No changes to this water right have been processed by Ecology or the Kittitas County Conservancy Board since the right was confirmed by the Superior Court. 6.4 If the water right includes a diversion from a permitted reservoir, list all the associated water rights, the maximum volume of water stored in the reservoir, and the means of withdrawal. NIA 6.5 1 Attach a copy of any SEPA checklists or environmental analyses related to this project with this application. This application subject has a Qi greater than 1 cfs and thus is not SPEA exempt. The associated SEPA checklist will be provided to the Kittitas County Water Conservancy Board and lead SEPA agency. 6.6 1 For Period of use change proposals, indicate the time of the year that the change would be in effect. NIA 6.7 For temporary chanae Proposals, indicate the timeframe that the proposed change would be in effect. NIA 6.8 For municipal change proposals, provide the most recent water right self - assessment, if one exists, as submitted to the Department of Health (DOH). NIA System Design and Operation 6.9 Provide a description of the existing water supply system from the point of diversion or withdrawal to the place of use. The authorized point of diversion is on Reecer Creek where it crosses Dry Creek Road, located approximately 0.4 miles north from the place of use. The diversion is not metered and is shared by another water right holder (presumably authorized under Court Claim No. 02261). Diverted water is gravity conveyed southward in a buried pipe that undershoots Highway 10 and discharges to an unlined ditch. The unlined ditch flows through a red clay pipe that undershoots the Northern Pacific Railroad before delivering water to a concrete ditch beginning at the northeast corner of the property. The property has been historically irrigated using surface irrigation methods. A concrete -lined ditch delivers water under gravity to the northernmost portions of the field for surface (furrow) irrigation. Water is collected and redistributed throughout the central and southern portions of the field using a series of unlined and concrete -lined ditches. 6.10 Provide preliminary design plans and specifications for the proposed change, including diversion or withdrawal and conveyance facilities, if applicable, and the proposed flow rate and volume design capacity. NIA. 6.11 ' Describe how the change proposal would affect return flow. Return flow would be protected instream in the primary trust reach. 6.12 ' Provide the current and projected system efficiency covered by the water right proposed for change. The updated Washington Irrigation Guide (WIG) estimates average amount of water required by a crop above the portion of the requirement that might be met by antecedent moisture in the root zone under average climatic conditions (the amount of water a crop needs in excess of rainfall). The monthly WIG data indicate that the updated Crop Irrigation Requirement (CIR) for clover — the surrogate crop used for timothy hay near Ellensburg — is 2.76 feet/acre. The court confirmed water duty (or Total Irrigation Requirement) for the subject water right is 19.2 feet per year ft/ r for surface irrigation i.e., furrow irrigation). The Supplemental Report of Referee Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2020) Page 2 of 11 recommended the high water duty `in recognition of the porous nature of the soils, the lands proximity to the Yakima River and the nature of the irrigation system needed to grow timothy hay" (Supplemental Report of Referee Subbasin 7 Page 78). Using Ecology's Guidance Document, GUID-1210, Determining Irrigation Efficiency and Consumptive Use, application efficiency (Ea) was estimated to be approximately 14.4 percent for surface irrigation. This estimate results from a calculation of the annual CIR (2.76 feetlacre) divided by the Court confirmed water duty or Total Irrigation Requirement (TIR; 19.2 feet/acre). In determining percent of consumptive use (%CU), 5 percent was added to the Ea to account for evaporative losses totaling about 19.4 %CU. 6.13 Provide an explanation of how the proposed use will not increase the authorized maximum flow rate (Qi) or annual volume (Qa). No water will be used. 6.14 For surface water diversions, describe how your plans comply with WDFW fish screening requirements. Under the proposed change no surface water diversions will be used. Development Schedule 6.16 Provide a general timeline that includes the steps needed to begin the project, complete the project, and put the water to full beneficial use. Once approved, water will immediately be used for instrearn flow and mitigation. 6.16 For changes to water ri hts currently under a development schedule, provide a description of the current status of your project. NIA 6.17 1 Identify and discuss other land -use or environmental permits required and the timeline to obtain those permits. No land use or environmental permits are required for the proposed application. 7. Related Water Rights 7.1 List any other water rights (applications, permits, certificates, or claims) related to this change application. Include any rights that overlap the place of use. No other water rights are used to hydrate the existing place of use. No other water rights are related to this change application. The only overlapping water rights are large -area water rights held by the City of Kittitas, County of Kittitas, and USBR. Sections 6-11 Form No, ECY040-1-97(Rev 01-2020) Page 3 of 11 7.2 1 Explain how the water rights listed above have been exercised. As discussed above, none of the above mentioned water rights are related to the subject water right. List all wells that have been added through a Showing of Compliance form. 8. Historic Use 8.1 Describe how the water proposed for change has been beneficially used since the water right was established. The water right has been the subject of the Acquavella Adjudication which established legal standing of these court claims through signing of the CFO in 2001 (as documented on Attachment 1). Since signing of the CFO, the acreage described above was fully irrigated through the 2018 irrigation season. Therefore, because the water right has been put to continuous beneficial use at least every five years, the water right remains valid and is eligible for change. Satellite imagery showing continuous beneficial use since 2000 is included as Attachment 2. 8.2 For the water right proposed for change and the portfolio of any related rights, provide the historic flow rate from each point of diversion or withdrawal (in cubic feet per second or gallons per minute) and explain how the amount was determined (e.g., meter data or power records). The historic flow rate (4.36 cfs) was confirmed during the Yakima River Adjudication. 8.3 If the requested changeltransfer is for a water right claim, include evidence demonstrating use of water prior to 1917 for surface water, or 1945 for ground water. NIA 8.4 For surface water diversions, explain whether streamflows were adequate to exercise the right throughout the historic period of diversion. If available, provide streamflow records to support the conclusion. Yes, there has been adequate water to exercise the right throughout the historic period of diversion. This was confirmed in the Yakima River Adjudication. The water right has not be curtailed due to local availability or in favor of senior water rights, including Native American Time Immemorial. 8.5 + For groundwater withdrawals, explain whether there has been an adequate II supply of groundwater to exercise the water right throughout the historic period of withdrawal. Provide all groundwater data and methods used to support the conclusion. NIA Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2020) Page 4 of 11 8.6 Describe your procedures for remaining in compliance with the provisions of your existing water right. NIA 8.7 1 if a water measuring device was installed, provide your measurement data. No measuring device is installed. 8.8 If a measuring device was not installed, do the pumps have a dedicated power meter(s)? If so, provide an estimate of water use using the power consumption to water consumption equation described in WAC 173-173-160(2). Water is conveyed to the property under gravity, so no power records are available to estimate water use. S.9 Iif no water use data are available, estimate annual use by using an alternative method and explain your methodology. The annual irrigation water use is estimated up to 1,075.3 acre-feet per year consistent with Ecology GUID-1210. The methodology to obtain this number is by multiplying the irrigated land (56 acres) by the adjudicated water duty (19.2 feet per year). 8.10 j Provide aerial photos, remotely sensed images, or other information and explain how they support the historic use. Satellite imagery showing continuous beneficial use since 2000 is included as Attachment 2. Water Used for Irrigation 8.11 If changing the purpose of use, refer to the Provisions section of your water right document to determine whether the right is subject to the Family Farm Water Act. if so, contact the appropriate Ecology regional office prior to completing this form (refer to map on page 1). NIA 8.12 Describe your irrigation scheduling practices (e.g., frequency and duration of irrigation sets). Describe how data from soil moisture probes, weather forecasts, crop inspection, or other irrigation scheduling techniques were used to determine irrigation practices. Water is diverted from Reecer Creek where it crosses Dry Creek Road, located approximately 0.4 miles north from the place of use. Diverted water is gravity conveyed southward in a buried pipe that undershoots Highway 10 and discharges to an unlined ditch. The unlined ditch flows through a red clay pipe that undershoots the Northern Pacific Railroad before delivering water to a concrete ditch beginning at the northeast corner of the property. The property has been historically irrigated using surface irrigation methods. A concrete -lined ditch delivers water under gravity to the northernmost portions of the field for surface (furrow) irrigation. Water is collected and redistributed throughout the central and southern portions of the field using a series of unlined and concrete -lined ditches. Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2020) Page 5 of 11 If adding the irrigation of additional acres or a new purpose of use, provide metering data for the most recent five-year period of continuous use. If metering data are unavailable, provide an estimate of water use for the mos7 t recent five-year period of continuous use and describe the methodology for this estimate. NIA 8.14 If water has been used from a state or federal water project (contract water) on the historic place of use, explain when and how that contract water was used. NIA 9. Hydrogeologic Analysis 9.1 Provide a description of existing authorized points of withdrawal and proposed wells, their locations, well depths, static water levels, pumping rates and schedules, etc. NIA - This is a surface water right. 9.2 1 Describe the hydrogeologic setting. Identify all ground water bodies and surface water bodies involved. Describe geographic recharge and discharge areas, seasonal variations, and interrelationships between surface and ground water, and between aquifers. Identify barriers to flow and hydrologic boundaries, if known. N/AC]Ick or tap here to enter text. 9.3 I Describe, if available, the following characteristics of the aquifer and cite the f source of that information: • Aquifer transmissivity • Aquifer storage coefficient and specific yield • Saturated thickness • Aquitard leakage • A detailed description of groundwater -flow boundaries • Water -level hydrographs for wells Associated water -quality information. NIA 9.4 I Additional hydrogeologic work may be required to process your application. Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2020) Page 6 of 11 10. Environmental Assessment 10.1 ' Describe the aquatic uses of any related surface water bodies (i.e., fish and wildlife, recreation and aesthetic, water quality, etc.). The point of diversion is on Reecer Creek which is used for fish and wildlife habitat and water supply. Downstream of the place of use Reecer Creek flows into the Yakima River which is used for fish and wildlife habitat, recreation, aesthetic and water supply. 10.2 Indicate whether the related surface water is fish -bearing, including whether it is inhabited by salmonids. List species and the times of year they are present. https: //apps.wdfw.wa. gov/salmonscape/. Reecer Creek is host to Bull Trout and Rainbow Trout. The Yakima River is host to the following fish species: Brown Trout, Spring Chinook, Coho Salmon, Rainbow Trout, Bull Trout, Mountain Whitefish and Westslope Cutthroat Trout. 11. Maps and Other Documentation 11.1 Attach detailed map(s) clearly indicating the following: • The existing places of use for all rights related to this proposed change. If any overlapping water rights for the place of use, or multiple rights that share the same point(s) of dive rsion/withdrawaI exist, provide one map depicting all of the historic points of diversion, means of conveyance, and places of use. Identify related rights as such by water right number. • The county parcel numbers for the existing and proposed place(s) of use, unless the place(s) of use are for large service area such as that served by an irrigation district or municipal water system. identify the name of the irrigation district or the water system. • The existing and proposed locations of the point(s) of d iversio n/withd rawal. • The names, informal or formal, used to identify each point of diversion/withdrawal (e.g., Well No. 1, River Well, S01, Smith Dam, etc.). • The proposed place(s) of use. • A grid layer referencing Section, Township, and Range of the area. • The location of the water delivery system and other such features relevant to your proposed change/transfer (e.g., mainlines, reservoirs, booster pumps, etc.) I See attached Map. Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2020) Page 7 of 11 Attachment A: Mitigation Plan A.1 Iidentify what rights, as defined above, you expect to be impaired and identify the expected nature of that impairment. NIA A.2 I Identify the source of supply for the proposed mitigation water. NIA A.3 I Describe how this mitigation water source will offset the impacts of the proposed change. This should specifically address how the change in the amount of water in Section A4 will be offset by the source identified in Section A6. NIA A.4 Estimate the change in consumptive quantity that would be available for the use being impaired. Describe the methodology used to support your estimate. NIA A.5 Describe the measures that will be taken to ensure mitigation will be maintained for the duration of the water right change authorization. NIA A.6 List each water right being proposed for transfer, relinquishment, or conveyance to the Trust Water Rights Program. Provide a history of beneficial use of each water right listed above and identify whether a separate water right change application has been filed for these water rights. NIA A.7 ' Provide copies of any agreements between you and other parties regarding mitigation for impacts, if applicable. NIA A.8 Describe the benefits and costs, including environmental effects, of any water impoundment or other resource management technique that is included as a component of the application. NIA Sections 6-11 Form No. ECY040-1-97 (Rev 01-2020) Page 8 of 11 A.9 For surface water, analyze whether there will be any increased water supply from the impoundment or technique, including recharge of groundwater, as a means of making water available or otherwise offsetting diversion impacts. NIA A.10 For groundwater, analyze whether there will be any increased water supply from the impoundment or technique, including recharge of groundwater, as a means of making water available or otherwise offsetting the impact of the diversion of surface water. NIA A.11 If you intend to offset your new use, describe how and when non -consumptive water returns to groundwater or surface water, and explain how this volume was estimated. Specifically describe how the quantity, timing and location of return flow would change if the proposed permit is approved. NIA Attachment B: Consolidation of Exempt Wells B.1 IProvide evidence that water from the exempt wells tap the same body of public groundwater as the well with the water right to withdraw public ground waters. NIA B.2 IShow that suitable arrangements have been made to discontinue use of the permit exempt well established under the exemption upon approval of the consolidation amendment. NIA B.S I Provide copies of legally enforceable agreements that bind present and future owners of the land from drilling and using another permit exempt well through appropriate title limitations. NIA 8.4 1 Show that suitable arrangements have been made to properly decommission the permit exempt well(s) in accordance with Chapter 18.104 RCW and relevant Ecology rules. NIA B.5 Describe impacts to other existing rights, including ground and surface water j rights and minimum stream flows adopted by rule. NIA Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2020) Page 9 of 11 B.6 + Provide evidence that the amount of water used is consistent with the average amount of water used for similar uses in the general area and explain how this was determined. NIA 13.7 1 is there an adopted Coordinated Water System Plan (CWSP) or Comprehensive Land Use Plan or another comprehensive watershed management plan in place for this location? Please indicate yes or no. If yes, please document whether your project is consistent with this plan. NIA Attachment C: Quincy Basin Change Authorizations C.1 Provide a brief narrative explaining the general nature and intent of the proposed change(s) to the water right. NIA C.2 IIf this water right has previously been changed, summarize whether the Previously authorized changes have been completed. NIA Attachment D: Drought Change Authorizations D.1 Describe the specific circumstances pertaining to your water shortage. Describe how existing water rights are insufficient to address these impacts due to the drought. NIA D.2 ' Describe how the water right proposed for change will address these impacts. NIA D.3 �Have you had any previous drought -specific authorizations for the subject parcels? f If yes: • What are the Drought Authorization numbers? • Did those former authorizations cause impairment to other water users? NIA Sections 6-11 Form No. ECY040-1-97 (Rev 01-2020) Page 10 of 11 DA For irrigation changes, indicate what types of crop(s) or orchard(s) you wiii be growing this year. Describe how the crop(s) or orchard(s) may be impacted by this year's drought. NIA - Sections 6-11 Form No. ECY 040-1-97 (Rev 01-2o2o) Page 11 of 11 o COX g - d C di � � 3 z 0 W a r— d to a i Yi °i ,QgY C C �� v N N � C 7 0 e _ t8 W i.i4. z Z It I o rho. �„ R•' - a �ecer Creek 'bi YL ef Z'. 'Afo i ArtGBvm: Glryetmr �orw,�+eadyraa iOrlyKT.By�rr+w+Ilwsq.mYParAhme $sttai 118er Surd W2W1021184�11agakyW— Attachment 1 Adjudicated Certificate S4-83608-J SLATE OF WASH(NGION DEPARTMENT OF ECOLOGY 1250 W Alder St * (Union Gap, WA 90903-0009 • (.50.9) 575-2490 9/4/2019 Duke and Dude, LLC 2950 Killmore Rd Ellensburg, WA 98926 Sub Basin 7 Re: Certificate No. S4-83608-J Enclosed for your records is your recorded Certificate. Please retain this for your files. If you have any questions, please contact the Water Resources Help Desk at (509) 575-2597 Sincerely, U Nancy S. Beecher Water Resources Program Central Regional Office NB/190906 WRTS No. 4755790 Enclosure: Recorded Certificate Focus On Water Right Relinquishment Return Name And Address: WA State Dept. of Ecology Central Regional Office 1250 W. Alder Street Union Gap, WA 98903-0009 07/30/2019 02:47:37 PM 201907300069 S M- 50 Paget of 3 Water Right WA STATE DEPT OF ECOLOGY I IIIlNil llllllll111 EIII1or II11NIII IWN Illil illy IIIIII� IIIInII ff kCi fa1.s c i 7Y Tf1-/1SU ER r. ',A Aj PLEASE PRINT OR TYPE INFORMATION: Document Title: Certificate of Adjudicated Water Right Certificate Number: 54-83608-J Grantor(s) 1. WA State Dept. of Ecology Grantee(s) 1. Duke and Dude, LLC, a Washington limited liability company; Stephen M. Hayden, as Trustee of the Hayden Unified Credit Trust under will dated August 26, 2005 Legal description (abbreviated) Section 28, T. 18 N., R. 18 E.W.M. Reference Number(s) of documents assigned or released: Assessor's Property Tax Parcel/Account Number(s): f 611033 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verity the accuracy or completeness of the indexing information. State of Washington Department of 2 Ecology "n CERTIFICATE OF ADJUDICATED DCPAPI{IkLIGi Of ECOLOGY WATER RIGHT 5"4vrWa1htW" This certificate of adjudicated water right is issued pursuant to the Final Decree made and entered by the Superior Court of the State of Washington in and for Yakima County an the 9th day of May 2019 in the case of State of Washinaton, Department of Ecology v. James J. Acauavella, et al., County Cause No. 77-2-01484-5 . This water right Is subject to and will be administered according to the Final Decree, which under Paragraph 8 incorporates all orders and opinions entered in the case. In the event of a conflict between this Certificate and the Final Decree, the Final Decree shall govern. WATER RIGHT HOLDER, MAILING ADDRESS: Duke and Dude, LLC, a Washington limited liability Duke and Dude, LLC company; Stephen M. Hayden, as Trustee of the 2950 Killmore Rd Hayden Unified Credit Trust under will dated August 26, Ellensburg, WA 98926 2005 CERTIFICATE NUMBER- COURT CLAIM NUMBER: PRIORITY DATE; S4-83608-J 00576 June 30, 1885 SUBBASIN NUMBER: SUBBASIN NAME: CFO DATE: 07 Reecer Creek October 25, 2001 Reecer Creek 4.33 cubic feet per secant!, 1075.2 acre-feet per year for ifrlgation, 0.03 cubs= foot per second, 3 ace -feet per year for stock water Irrigation of 56 acres and stock water April 1 to October 15 for irrigation; February 1 to November 30 for stock water a I P Ill I Elm 900 feet north and 1100 feet west from the east quarter corner S ect ion 28, being within the NEY4SEYNEY of Section 28, T.18 N., R. 18 E.W.M. 1 That portion of the SWY.SEY4 of Section 28, T. 18 N., R. 18 E.W.M. lying southwesterly of the Burlington Northern Railroad right-of-way, and that portion of the NWY,SEY of said section described as follows: Commencing at the southwest corner of said NWXSE3,; thence east 300 feet, more or less, to the point of beginning; thence east 850 feet, more or less, to the Burlington Northern Railroad right-of-way; thence northwesterly 1030 feet, more or less, along said right-of-way; thence southwesterly 720 feet, more or less, to the point of beginning; and that portion of the SEY.SWY, of said section lying east of Desmond Road. Provisions and ljwit,tions of Use The right to the use of a water right established under the laws of the State of Washington and confirmed hereby is restricted to the lands or place of use, purpose(s) of use, and to the other specified terms and conditions herein described, unless approved for change as provided in RCW 90.03.380 or other statute. This certificated water right may be subject to relinquishment for nonuse of water as provided In Chapter 90.14 RCW. Given under my hand and the seal of this office at Union Gap, Washington, this 2914 day of July, 2019, DATA REVIEW OK LB Maia Bellon, Director Department of Ecology Trevor Hutton, Section Manager Central Regional Office Water Resources Program To request ADA accommodation including materials in a format for the visually impaired, call Ecology Water Resources Program at 36D-4D7-6872. Persons with impaired hearing may call Washington Relay service at 711. Persons with speech disability may call TTY at 877-833-6341, Attachment 2 Historical Imagery Review WIPP,' of N d O CD C7 C Rl — U fC h } C E 4 Q � L CD 0 CL a=� a r eM v 0 N r } I � � N c6 CD co co W i It CO 4104W* C Df O � U cm a o E 0 CL D N a=0 _ 41i Ix co d fi. ' ,T,^ V! 3 • .(v rrnn OW O f0 Q L V Gl U ++ N N N a=� co CD N _A 7 co co k � (n N N Moog M C O U _N cri 0.9 0 o 2 CL a=� Q, no /14 - I %-- r t do CD 0 co m OP 3 � m y D Om w o C = U W N a O _ V r O a=0 VN 0 N CL CD O M aD 3 N oo o N U M cc t V � � r.r C a=� r M W (D 0) 0 0 Q} U O L N 0) M Lo r O N m 2 3 CO _ rn co it U m N d O rn r+CL U �' 0 N a=� ti 4�D r4 00 0 co cM OP IT 3 U) m a) N N � co w O c ro v3a O ii rn r � � CL n N axe KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Washington Department of Fish and Wildlife Lands 20120 ACTION REQUESTED: Direction to staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct staff to continue to coordinate with WDFW Staff on potential Church Camp property acquisitions. BRIEFING SUMMARY: • Washington Department of Fish and Wildlife (WDFW) staff are engaged in an in an internal process to identify potential property for acquisition. • Public Works and WDFW staff have been coordinating on a potential land acquisition (two parcels owned by two owners) to advance Yakima River access, including boat launch facilities at the "Old Church Camp Site." • The Old Church Camp Site was identified as a priority project in the Yakima River Access Plan to provide safe boating access to the Yakima River. • WDFW is also proposing potential acquisition of a parcel location within the Manastash basin, which is an inholding to public land. BACKGROUND: Washington Department of Fish and Wildlife (WDFW) staff are engaged in an internal process to identify potential property for acquisition (Lands 20/20). Identification of property through the Lands 20120 provides no guarantee that land will be purchased by WDFW, it enables WDFW to seek acquisition funding. In order for property to be identified by WDFW in their Lands 20120 process, the landowner must provide acknowledgement. This acknowledgement does not create any obligation on the landowners part, it is simply their acknowledgement that they are aware that WDFW is interested in seeking funding for acquisition. Public Works and WDFW staff have been coordinating on a potential land acquisition to advance Yakima River access, including boat launch facilities at the "Old Church Camp Site." Previous investigation by Public Works and WDFW staff has confirmed that two Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT parcels, under different ownership, are required to develop boat launch facilities at this site. WDFW is also proposing potential acquisition of a parcel location within the Manastash basin, which is an inholding to public land and will improve public access to public lands. DISCUSSION: The Old Church Camp Site was identified as a priority project in the Yakima River Access Plan to provide safe boating access to the Yakima River. This site would provide a safe alternative to boat launch that occurs at the WDFW Teanaway Junction (swift currents and logjams create safety concerns) and at the SR-10 Teanaway River bridge (extreme traffic hazards on SR-10 bridge and shoulders). FISCAL IMPACTS: None have been identified at this time. In order to successfully acquire property, it may be beneficial for Kittitas County to allocate money for a property appraisal or to consider potential acquisition or acquisition match fimding. ATTACHMENTS: Exhibit 1: Excerpts from the Yakima River Access Plan Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Excerpts from the Yakima River Access Plan Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT o ° a zu y O) m �. " aoi +I 4 b W o.r'd w °'"' cd as w q tl o 0= 0 ^o •p r � .r w v, o eq y W r �� o ox� CU o o V 0 w° cd c > c b 3 � � a c V) d —4 a �+ o'n P4 i EA F, x w 0 cd v :. cC � cam. . Liz r��� L �� . � ti U 4," Ao C co o75 F bacu PC c o> y y a4 csns 1.04 o0. n�W,, 5s;. +'j wf o . . DD n V) C u ''� .y � U Fy i 0 z Q fd A > 0 av p a:}+ !'a C cC -14 co En V U Fi > tv Z i. ' v ao W ; A 'a 4� � tp ; vi to O C O �e0 b u VI ci V1 [A ai b0 ci RCi P4;� O Ca 41 V) 0 T. s. ; tC vi y al [� Cr 4n A O > +' v cu O � d .O > O cG ++ O co v W U O 9'. p y O O u > cu i. O b1l. p cd b0� p .6.i 0 0 a' A .� o U cu gw LL M O 'a .0 ti [C O V a � z bU �. o p 0 ca V�. M v cd ay- ti r0- n0. O U G to, O ; O > +d U u 0 0 0 I dUW RBJV lu8we6eUeWy peo8 OAijajadoo KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: August 14, 2023 TOPIC: Fire Station 73 Compliance Plan. ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct Staff to proceed with Fire Station 73 Compliance Plan Implementation BRIEFING SUMMARY: In order for Kittitas County to remain in good standing with the National Flood Insurance Program and Community Rating System, we are being required to mitigate an older floodplain development permit issued to Fire Station 73. • Last year, the Washington State Department of Ecology and FEMA Region X staff conducted a Community Assistance Visit and audited flood development permit files for new development in the floodplain. • During this audit, Ecology and FEMA staff learned that the construction Fire Station 73 does not meet minimum National Flood Insurance Program requirements. • The Department of Ecology has requested that Kittitas County submit a compliance plan. • The draft compliance plan presented has been reviewed by Ecology staff and was presented to the Kittitas County Fire District 7 Board on August 9, 2023. • Should compliance require the entire station be replaced in a new location, the entire Flood Control Zone District Fund will be depleted, unless alternative funding sources can be secured. BACKGROUND: Kittitas County Fire District Number 7 provides emergency services, including emergency medical, fire prevention and suppression, wildland firefighting, hazardous materials response, and technical rescue across a 126 square mile area in Upper Kittitas County. There are eight (8) stations for this district, including Fire Station 73. Fire Station 73 is located at 21 Chepoda Rd in Cle Elum WA, at the I-90 exit 78 interchange and serves the busiest portion of the I-90 corridor within Kittitas County. Kittitas County issued a floodplain development permit in 2014 for construction of fire Station 73. Elevation information provided by the project applicant to support floodplain Page 1 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT development permit review indicated that elevating the structure 18 inches would be sufficient to meet minimum National Flood Insurance Program standards. When elevations were verified for final inspection, it was revealed that the structure's floor was over two (2) feet below the base flood elevation and over four (4) feet lower than originally documented. A certificate of occupancy was granted, even though the building did not comply with permit requirements. It appears numerous errors from the applicant, Public Works and the Building Department contributed to our current problem. The Washington State Department of Ecology and FEMA Region X staff conducted a Community Assistance Visit in 2022 and reviewed flood development permit files for new development in the floodplain. During this audit, Ecology and FEMA staff learned that the newly construction Fire Station 73 does not meet minimum National Flood Insurance Program requirements. The Department of Ecology has requested that Kittitas County submit a compliance plan. The proposed compliance plan starts with an alternatives assessment to evaluate the feasibility, pros, and cons associated with three (3) compliance alternatives. This assessment will be conducted in close coordination with Fire District 7. These alternatives include: 1. In situ compliance through modification of the current facilities. 2. Facility relocation. 3. Renovating and utilizing the current facility for more limited purposes and transferring some current or planned expansion uses to a new site. Kittitas County will conduct this assessment in close coordination with Fire District 7. At the conclusion of the feasibility assessment, staff from Kittitas County, Fire District No. 7, Ecology, and FEMA Region X will meet to discuss the results, with the goal of developing a consensus recommendation to advance to the Board of County Commissioners. DISCUSSION: Failure to satisfactorily address the Fire Station 73 compliance issue risks Kittitas County's continued participation in the National Flood Insurance Program and Community Rating System (CRS). If Kittitas County is removed from these programs, not only would residents lose their 20% discount on Federal flood insurance from CRS participation, but they would also lose access to federally subsidized flood insurance. FISCAL IMPACTS: Initial information provided by Fire District 7 indicates that a replacement facility will cost approximately $12 million. Should compliance require the entire station be replaced in a new location, the entire Flood Control Zone District Fund will be depleted, unless alternative funding sources can be secured. ATTACHMENTS: Exhibit 1: DRAFT Fire Station Compliance Plan Exhibit 2: Department of Ecology Letter Page 2 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: DRAFT Fire Station Compliance Plan Page 3 of 4 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT DRAFT Fire Station 73 Compliance Plan Kittitas County Public Works August 10, 2023 Background Kittitas County Fire District Number 7 provides emergency services, including emergency medical, fire prevention and suppression, wildland firefighting, hazardous materials response, and technical rescue across a 126 square mile area in Upper Kittitas County. There are 8 stations for this district, including Fire Station 73. Fire Station 73 is located at 21 Chepoda Rd in Cle Elum WA, at the I-90 exit 78 interchange and serves the busiest portion of the 1-90 corridor within Kittitas County. In 2010, Fire District 7 initiated plans to replace the existing 2,515 square foot building used for fire apparatus storage with a larger facility to be constructed in 3 phases. The permit record is not clear for the construction of the first phase, which occurred in 2010. This phase of the project constructed a 2,385 square foot building included a day room for staffing, decontamination room, restrooms, an electrical room and 2 apparatus bays. In 2014, Phase 2 added 8,350 square feet and provided 6 new apparatus bays, a dry storage bay, an EMS office, exercise/training room, additional restrooms, and 6 sleeper units. The permit record for Phase 2 documents that a floodplain development permit was required, that existing condition site elevations were provided at the time of building permit review, and that County staff requested verification of the datum utilized for the surveyed elevations. Kittitas County issued a building permit requiring the addition to be elevated 1.5 feet above the base flood elevation, which based on elevation information provided, was believed to correspond with the Phase 1 floor elevation. The new fire station was elevated on 18 inches of structural fill. A mid -construction elevation check did not occur during the building process. When elevations were verified for final inspection, it was revealed that the structure's floor was over 2 feet below the base flood elevation and over four feet lower than originally documented. Documented conversations with the surveyor indicate that the source of error was utilizing the presumed floor elevation of the Phase 1 structure as the benchmark for the survey. Kittitas County issued a certificate of occupancy for the non -compliant structure. Phase 3 has not proceeded, given the compliance issues with the current structure. The Department of Ecology is conducting a Community Assistance Visit for Kittitas County and has identified the Kittitas County needs to provide a compliance plan for Fire Station 73. Compliance Process and Timeline The compliance process will consist of two separate phases. In the first phase Kittitas County will conduct an alternatives assessment which evaluates the feasibility, pros, and cons associated with three (3) compliance alternatives. This assessment will be conducted in close coordination with Fire District 7. These alternatives include: 1. In situ compliance through modification of the current facilities. 2. Facility relocation. 3. Renovating and utilizing the current facility for more limited purposes and transferring some current or planned expansion uses to a new site The alternatives assessment will consider both current and future uses of the fire station. Criteria used to evaluate the alternatives will include: each alternative's compliance with Kittitas County Code 14.08 Flood Damage Prevention (this will be a prerequisite for an alternative being deemed feasible), the alternative's success in providing emergency services meeting the Fire District's goals and objectives both during and apart from flood emergencies, the ability of the alternative to meet long-term emergency services needs, and cost effectiveness. After the alternatives assessment has been completed, staff from Kittitas County, Fire District No. 7, Ecology, and FEMA Region X will meet to discuss the results, with the goal of developing a consensus recommendation to advance to the Board of County Commissioners. The milestones and timeline for the phase 2 implementation activities will be confirmed at this time. The second phase of the compliance plan includes necessary implementation actions to gain compliance. Table 1 Provides a detailed list of milestones and timelines. Table 1: Milestones and Timelines Phase 1: Alternatives Assessment Meet with Fire District 7 confirming goals and objectives August 2023 Professional Service Contracts Signed October 2023 Alternatives Assessment Completed February 2024 Meeting with Ecology to discuss alternatives assessment, March 2024 referred alternatives, and implementation milestones _ Decision by Board of County Commissioners _ April 2024 - --- Phase 2: Altamative l _Builder Renovations for In Situ Compliance _ Necessary construction services under contract July 2024 Construction September 2024 _ Final Inspection with compliance documented _ December 2025 Phase 2 Wternative': Facility Relocation --_ Alternative site located and purchased December 2025 Determine disposition of current fire station property December 2025 Architectural services under contract ,March 2026 Construction services under contract March 2027 Construction Begins July 2027 Final inspection with compliance documented December 2028 Phase 2 iAlternaiivtj 3- Some Uses Maintained can She and other Uses Relocated Relocation plan and timeline identified December 2024 Alternative site located and purchased December 2025 Architectural services under contract March 2026 Construction services under contract March 2027 Construction Begins July 2027 Final inspection with compliance documented December 2028 The assessment for in situ compliance will determine the feasibility and cost of renovating the current facility to meet pertinent KCC 14.08 requirements. KCC 14.08.280 establishes the rules for Critical Facilities and requires that: Construction of new, critical facilities shall be located outside the limits of the special flood hazard area. However, new construction and substantial improvement of both new and existing critical facilities shall be permissible within the 100-year floodplain, provided no feasible alternative site is available, and provided the facility's nature is related to or necessitates a riverine location (such as municipal water and sewer pump stations and related treatment facilities). 1. Critical facilities shall have the lowest floor elevated three feet or more above the base flood elevation or the height of the 500-year flood, whichever is higher; and 2. Flood -proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters; and 3. Access routes to critical facilities shall be elevated to or above the base flood elevation to the extent possible. (Ord. 2012-009, 2012; Ord.. 2001-03; Ord. 93-18 § 5.2.4, 1993). KCC 14.08.020 states that "an unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements in KCC 14.08.250(2)." These design requirements include automatically equalizing hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters. EXHIBIT 2: Department of Ecology Letter Page 4 of PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT g STAT a x.T► � M $� Y '{ 1888 STATE OF WASH INGTON DEPARTMENT OF ECOLOGY Central Region Office 1250 West Alder St., Union Gap, WA 98903-0009 • 509-575-2490 June 1, 2023 Arden Thomas 411 North Ruby, Suite 1 Ellensburg, WA 98926 SENT VIA ELECTRONIC MAIL RE: Community Assistance Visit (CAV) Summary of Outstanding Items Arden: Thank you for the updated information. Following is a summary of the remaining outstanding items based upon the permit data provided. Floodplain Tour B. 241 Shady Glen Drive, Easton: Construction of 600 square foot structure in floodway with no permit. o County sent letter to property owner 4/14/22 requesting compliance. Code enforcement case CE-22-00041. Landowner applied for demo permit on 7/22/2022, permit is still open. o Action Required: Demolition of unpermitted structure in floodway. C. 100 Shady Glen Drive, Easton: Unpermitted construction. o County sent letter to property owner 4/14/22 requesting compliance. Code enforcement case CE-22-00042. Last documented contact was 8/15/2022. County will request follow-up by code enforcement. o Action Required: Submit copy of permit(s) and supporting application documentation to ECY upon receipt. D. 450 Elk Meadows Road, Cle Elum: Unpermitted construction. a County sent letter to property owner 4/14/22 requesting compliance. Flood development permit FP-22-00006 has been issued and is still open. o Action Required: Submit copy of permit(s) and supporting application documentation to ECY upon receipt. Arden Thomas Kittitas County June 1, 2023 Page 2 of 2 F. Kittitas Co Fire District #7, Chepoda Road, Cle Elum: Fire station constructed below Base Flood Elevation. o Action Required: Compliance plan drafted by the County. Thanks for your continued participation in this CAV. Sincerely, Sandy I. Floyd, Central Region NF Coordinator Shorelands and Environmental Assistance Program Central Regional Office — union Gap ec: Samantha Cox, Kittitas County