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2018/03/20 - Regular Packet
March 20.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 March 20, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Staff recognition for Judge Toni Sheldon 4.2 Correspondence 4.3 PacMtn High Impact Community Grants 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:30 a.m. 7. Approval of Minutes — February 26, 2018 Briefing Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda" may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of the resolution establishing a Mason County Citizens Advisory Budget Committee; establish by-laws for this committee and issue a news release soliciting citizens to apply to serve on this committee. 8.2 Approval to authorize the Chair to execute the Adopt-A-Road Agreement with the Olympia Yacht Club. 8.3 Approval to have the Board execute the Annual Certification for Calendar Year 2017; Certification of Expenditures for Traffic Law Enforement- 2017;and, Certification for Expenditures for Fish Passage Barrier Removal- 2017; to be included in the annual submittal to the County Road Administration Board by the Department of Public Works. 8.4 Approval of settlement of Thurston County Superior Court Cause #16-2- 02168-34, Boss v. Mason County, in the amount of$42,500. This matter will settle all claims related to the payment of retainage for the Belfair Water& Reclamation Facility. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 03/19/18 3:15 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA March 20, 2018—PAGE 2 8.5 Authorization for Chair to sign a letter to Department of Commerce in support of designating Qualified Opportunity Zone 4 and Opportunity Zone Eligible Contiguous Tract 11 as Mason County Economic Opportunity Zones. 9. Other Business (Department Heads and Elected Officials) 9.1 Public Works Bid Award Information-2018 Striping Service Contract. 10. 9:30 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to adopt an Ordinance for Procedures to Determine Water Adequacy, MCC Chapter 6.68-Water Adequacy Regulations, and MCC 14.48.150-New Development and Redevelopment-minimum requirements. Staff: Dave Windom 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2018\2018-03-20 Reg-revised.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 20, 2018 No. 4.2 ITEM: Correspondence 4.1.1 Notification received from Pacific Mountain Workforce Development regarding Derek Epps and Jacquelin Earley's board member terms that expire June 30, 2018. 4.1.2 Ken VanBuskirk sent in comments regarding the Board of County Commissioners/Planning Advisory Commission joint meeting on March 14, 2018. Attachments: Originals on file with the Clerk of the Board. cc:CMMRS Neatherlin,Shutty&Drexler Clerk March 14, 2018 BOCC/PAC joint meeting: For the record, Ken VanBuskirk, Davis Farm Road, Belfair. I'm a lifelong conservationist having worked to protect public and private open spaces all across this country as well as here in Mason County. I think the planning commission would benefit if you had members that are involved with the open space current use program to give their perspectives. Short version: I submitted some key questions to be included in the agenda tonight.The main question is why is the County considering PBRS when we have a current use open space application process in place? Long version: I've reached out to a couple of PAC members and they have shared that they are feeling pressured by staff and the BOCC to approve this ordinance. I have been doing a bit of research and public records requests, some of which are still pending, and I have to agree. Of the 39 Counties in the State only 19 have adopted a PBRS. Franklin County took over two years to adopt and they didn't have any current use open space lands already enrolled. Why is Mason County in such a rush? Some of you Commissioners have expressed a concern that there is too much open space in County. There is quite a bit of open space in the County that isn't paying any taxes at all. Federal, State and nonprofit Conservation groups are a few. In those open spaces that are taxed there are three types; valued at their current use rather than their highest and best use.Timber land 282,921 acres; Open Space 2462 acres; Farm and Agriculture 1389 acres With this new PBRS ordinance you are looking at less than 1%of the total. In my opinion you should audit the Timberland like the Assessor did with Farm and AG, and then consider a PBRS in case some of those would like to transfer into the open space program. To implement the rating system will be a large staff burden and I haven't got an answer to a cost estimate to the County of implementing the program. The Mason County Comp plan has open space priorities and criteria that are specific to Mason County and are not addressed in the PBRS. (Such as separating incompatible land uses) I've requested several of the PACs audio and BOCC audio recordings and I am disappointed! Some of you Commissioners feel that the current open space program is "offensive", "willy nilly", people are taking advantage of program, "free money"; "all a person has to do is slap their hand on assessors desk". Credit shouldn't be given for buffers, or for protection the CARA's. "Its way too easy to qualify"and the criteria needs to be more restrictive!. Just to set the record straight, it is a two year application process after you pay a fee, fill out an application, attend a BOCC public hearing and then; if you are approved,you enter into a written agreement with County. Last September I asked that all folks with property in open space and those with applications be notified about this new ordinance. It's a real disservice that you didn't notify those who might be affected and have the most knowledge about the benefits of open space. Before you establish the PBRS I think you have to ask if it's really necessary. Here is the current application used state wide in other Counties like ours. http://www.co.mason.wa.us/forms/assessor/open-space-class-app.pdf The County must appoint an advisory committee made up of the farming community as required by RCW. If you do adopt this PBRS system I would ask that a clause grandfathering all current parcels, even those under 5 acres),with BOCC approved current use agreements; be included in the ordinance. Thank you, Ken VanBuskirk cc:CMMRS Neatherlin,Shutty&Drexler Clerk PACIFIC MOUNTAIN WORKFORCE PACMTN [h vi i rIi 'u RECEIVE® building community prosperity MAR 08 2018 February 27, 2018 Mason County Commissioners Mason County Commissioners 411 North Fifth Street Shelton,WA 98584 Dear Mason County Commissioners, This letter is to inform you that Jacquelin Earley's PacMtn Board Member Term expires June 30, 2018. Pursuant to PacMtn By-Laws Article V,Section 3: "Initial appointments to PacMtn WDCshall be staggered proportionally for two, three and four years as determined by the Consortium upon appointment.Subsequent appointments for a maximum of 3 terms will be for three years. Directors shall remain seated until a new appointment is made to fill the seat."Section 4 states: "All regular terms shall begin on the first day of July and shall end on the last day of June." Jacquelin is an engaged and thoughtful Board Member. We are delighted to have her commitment and expertise on the Board. We would support any individual you choose to nominate, but would endorse you nominating her again. Should you choose such a nomination she would serve until June 30,2021. We hope you will make your wishes known to us by March 26th, 2018. If you have any questions about his term assignment, nominations or other related Board governance items, please let me know. Sincerely, �Z744_ Cheryl Fambles Chief Executive Officer Cc:Jacquelin Earley,Sierra Pacific Industries PacMtn's mission is to lead dynamic regional workforce development that enhances economic success 1570 Irving Street SW,Tumwater WA 98512 1 www•pacmtn.org cc:CMMRS Neatherlin,Shutty&Drexler Clerk [PACIFIC MOUNTAIN WORKFORCE PACMTN [_1i V1 I ( )I 'MI NT RECEIVED building community prosperity MAR 08 2016 Mason County February 27,2018 Commissioners Mason County Commissioners 411 North Fifth Street Shelton,WA 98584 Dear Mason County Commissioners, This letter is to inform you that Derek Epps' PacMtn Board Member Term expires June 30, 2018. Pursuant to PacMtn By-Laws Article V, Section 3: "Initial appointments to PacMtn WDCsholl be staggered proportionally for two, three and four years as determined by the Consortium upon appointment.Subsequent appointments for a maximum of 3 terms will be for three years. Directors shall remain seated until a new appointment is made to fill the seat."Section 4 states: "All regular terms shall begin on the first day of July and shall end on the last day of June." Derek is an engaged and thoughtful Board Member. We are delighted to have his commitment and expertise on the Board. We would support any individual you choose to nominate, but would endorse you nominating him again. Should you choose such a nomination he would serve until June 30, 2021. We hope you will make your wishes known to us by March 26th, 2018. If you have any questions about his term assignment, nominations or other related Board governance items, please let me know. Sincerely, (Z44- Cheryl Fambles Chief Executive Officer Cc: Derek Epps,Seattle Shellfish PacMtn's mission is to lead dynamic regional workforce development that enhances economic success 1570 Irving Street SW,Tumwater WA 98512 1 www•pacmtn.org BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of February 26,2018 Monday,February 26,2018 9:00 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Shutty and Drexler were in attendance. • The Board requested a briefing with Mason Conservation District for an update on the Voluntary Stewardship Program(VSP). • The Board agreed to the following advisory board items— o Lewis-Mason Thurston Area Agency on Aging-Appoint Joel Harper. o HCCC Technical Advisory Group(TAG)has one vacancy—issue news release. o Noxious Weed Control Board—Appoint Tamara Cowles as recommended by the Noxious Weed Control Board. • Defense&Indemnification Requests for County Employees were approved to place on agenda. • Public Safety Testing agreement for Corrections Corporal&Sergeant positions was approved to place on agenda. • 2018 Department of Commerce Public Services Community Development Block Grant application was approved to set public hearing on March 27. • Discussion of Traffic Policing Agreements for Traffic Diversion from Road Fund to Patrol. The Commissioners want a quarterly review to be certain the expenses are compliant and being spent appropriately. Frank will continue to work on the agreement and include CRAB in the review.The 2018 Diversion amount was increased because the County is moving towards this model of accountability. The Commissioners requested the Diversion budget status be included in the monthly financial reports. • Request to reallocate a portion of Parks,Trails&Facilities staff salary to REET 1 and REET 2 and hire back Maintenance/Parks staff for seasonal help. The Commissioners expressed concern with the capacity of REET considering the additional matching amount needed for the Belfair Sewer new Phase 2 which could be up to$750K. Also wanted to know if REET funds can be used long term to fund staff to complete the REET funded projects. This will be briefed again. • Draft Resolution for Citizen's Advisory Budget Committee was reviewed. The Commissioners had several edits that Frank will incorporate and this will be briefed again. It was agreed one Commissioner will sit on the Committee and vote in the case of a tie. Recommendations from the Committee will be due by end of July. • Cmmr.Drexler brought up the 150' setback in County Code regarding water skiing and the placement of buoys on lakes. If you place the buoys at 150' from shoreline on small lakes,the concern is there is a very small ski area. There was discussion of how to change that and this will be brought back. 10:15 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty and Drexler met in Executive Session with Tim Whitehead and Public Works staff from 10:15 a.m.to 10:45 a.m.for potential litigation. 10:45 A.M. Executive Session—RCW 42.30.110(l)(i)Potential Litigation Commissioners Neatherlin,Shutty and Drexler met in Executive Session with Tim Whitehead and Risk Management staff from 10:45 a.m.to 11:25 a.m.for potential litigation. 11:35 A.M. Sheriffs Office—Lt.Jason Dracobly Commissioners Neatherlin,Shutty and Drexler were in attendance. • Request for$101,000 from BHO funding to cover the cost of the Criminal Justice Training Commission's 40 hour Crisis Intervention Training(CIT). The training will be for all Patrol Deputies and four Jail Supervisors. • Cmmr.Drexler stated that originally the plan was to use$150K from BHO funding to augment mental health services in jail. If the BHO funding is redirected to this training, Board of Mason County Commissioners' Briefing Meeting Minutes February 26,2018 then the jail mental health services could be funded from local Treatment Sales Tax (Mental Health tax)however there has to be a policy decision. • Local TST cannot be used for training. Need to confirm BHO training can be used for training. Then need to see if there is capacity in the TST to fund the mental health services in the jail. • Dave Windom spoke to the use of the TST and the question is how much funding is needed for the Therapeutic Courts which includes not only the Courts,but the Clerk, Public Defense,Prosecuting Attorney and Guardian Ad Litem. • Frank will work with Public Health and the Courts to determine funding availability with a goal of having an answer mid-March. ":'� Noon Community Services—Dave Windom Commissioners Neatherlin,Shutty and Drexler were in attendance. • Jeromy Hicks explained that in the new Pioneer Primary School project,there is a new fire alarm panel and the old fire alarm devices are not working with the new devices and they are having a problem with the School meeting fire code. This is an informational briefing and Jeromy is working with the school to resolve the issue. • Michael MacSems reported that the Riverhill Road(Jack Johnson)subdivision has expired and Clifton Heights will expire in 2018. • Request to approve two Winter 2018 Heritage Grant applications. Four applications were received and the Historic Preservation Commission(HPC)is recommending approval of two requests-$4,500 to Mason County Historical Society to scan photo albums and $3,049.29 to the Pickering Community Club to restore a historic shed on the grant Schoolhouse site. There is an outstanding grant award to the Allyn Oyster House that is expiring. They may reapply in the summer grant cycle. The two awards were approved to move forward. • Approval to appoint Patricia Jerrells and Lorilyn Rogers to the HPC. • Request of a personal services contract with Lachezar Anguelov an evaluator for the Federal Comprehensive Opioid Abuse Site-based Program(COAP). This person needs to attend mandatory training that is scheduled next week so the request is to place on tomorrow's agenda. This grant will give the County the ability to work with the community process and partners to make a collaborative system to fill in the gaps and not duplicate services. Approved to place on the February 27 agenda. • Ecology has requested the County to take the SEPA lead on the Bio-solid site(Webb Hill). • Liquor/Cannabis Liquor Board—DCD will send a form letter to applicants requesting they schedule a fire inspection. • Working on MOU with Housing Authority to be billed on an hourly basis. • Hired a Permit Tech;working on reclassifying Marissa to a Planning Technician. • Multiple solid waste issues on Cherry Place.Dave noted the County Code has some conflicts when it comes to hulk vehicles. A Health Officer Order will be issued on the Cherry Place violation. • Joint Planning Advisory Commission and County Commissioner meeting on March 14. Commissioner Discussion—there was no discussion. BREAK— 2:40 p.m. 2:00 P.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Shutty and Drexler were in attendance. • Survey contract for Public Works property subdivision. An error has been discovered on the legal description and in checking with Tim Whitehead,it's a scrivener error and Public Works will be providing the necessary paperwork for the Commissioners' signature. • Notice of spring application for vegetation control along county roads will be issued. • Request to issue a RFP for a consultant to assist with the County Road Safety Plan was approved. Board of Mason County Commissioners' Briefing Meeting Minutes February 26,2018 • Sole Source purchase for screen parts/repair services by Huber Technology in the amount of$18,782 for the Belfair Water Reclamation Facility was approved. • Request for the County Engineer to execute the Federal Lands Access Program proposal for a road realignment project on the Skokomish Valley Road(the"dips"). This is in conjunction with the Mason Conservation District project. • Discussion of the Traffic Policing agreements with Sheriff's office. The goal will be to combine the proposed two agreements into one agreement and a draft has been sent to CRAB for approval. • Review of the Belfair Mobility Plan. A survey will be posted on-line.An open house will be scheduled on March 26 in Belfair. The information will be sent out to TIP-CAP. • Review of the County Road Fund cash balance. There are$1,492,636 of projects carried over from 2017 not budgeted that staff is proposing to do in 2018 in addition to $1,950,000 of 2018 expenses that are not budgeted. The Commissioners want further review of these 2017 projects and reminded staff to always be aware of the budget status when proposing projects. • Request to purchase a used 2016 roller without going through a bid process due to the market condition of this being available for a short amount of time. • ER&R discussion of$42,000 received on a totaled vehicle and an overspray claim that has settled. Cyndi will bring this back for further discussion. • Cmmr.Neatherlin proposed radio upgrades to Public Works vehicles and also look at salt storage at the Public Works facility. Follow-Up Commissioners Neatherlin,Shutty and Drexler were in attendance. • Frank has received information from CRAB on the combined agreement for the Sheriffs office. The draft agreement will be on the March 5 briefing. Discussion of how to enforce the tasks that Public Works needs to be done from the Diversion funding such as removal of hulk vehicles from the road right-of-way by the Sheriffs office. • Dave Windom reported that work that needs to be done on WRIA 14 needs to be addressed with Ecology and Conservation District and a meeting will be scheduled. • Frank presented follow up information regarding using REET funding to hire back staff to work on Parks capital projects and Current Expense would be used for seasonal help. Without seasonal help,there will not be a baseball season at the parks. Frank needs to review the REET fund to make sure there is enough funding available. Frank will brief again on March 12. Commissioner Discussion—there was no discussion. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 20, 2018 Agenda Item # , Commissioner staff to complete) BRIEFING DATE: February and March 2018 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution establishing a Mason County Citizens Advisory Budget Committee; establish by-laws for this committee and issue a news release soliciting citizens to apply to serve on this committee. Background: In an effort to improve the financial stability of Mason County, the Commissioners have agreed to create this citizens committee to evaluate the Mason County budget and provide recommendations to the Commissioners. Budget Impacts: Staff time. RECOMMENDED ACTION: Approval of the resolution establishing a Mason County Citizens Advisory Budget Committee; establish by-laws for this committee and issue a news release soliciting citizens to apply to serve on this committee. Attachment(s): Resolution, by-laws and news release Resolution No. A Resolution Establishing a Mason County Citizens Advisory Budget Committee Whereas,the Mason County Board of Commissioners are responsible for the adoption of a balanced budget pursuant to RCW 36.40; Whereas, Mason County expenditures continue to grow at a higher rate than Mason County revenues; Whereas,the Mason County Board of Commissioners have agreed to form a citizens advisory committee to evaluate the Mason County budget and provide recommendations to improve the financial stability of Mason County; NOW,THEREFORE BE IT RESOLVED by the Mason County Board of Commissioners that a Mason County Citizens Advisory Budget Committee be established and comprised of no more than seven members: • Two residents, not employed by Mason County, from each Mason County Commissioner District. • One Commissioner,designated as Chair,voting in case of a tie. • Terms shall end December 31, 2018 unless extended by the County Commissioners. Mason County elected officials, department directors and staff should serve as a resource to the Citizens Advisory Budget Committee and attend meetings as requested. The Citizens Advisory Budget Committee shall review and develop recommendations to the County Commissioners on the following: a. Recommend Budget Priorities based on mandates. b. Recommend how to close the funding gap between expenditures and revenues. c. Examine and evaluate new revenue sources and new revenue options and provide recommendations on which to pursue. d. Define and recommend alternative budgeting methods, i.e. zero based, line item authority, biennial. e. Define opportunities to better manage expenditures and revenues growth. f. Establish recommendations for a county wide sustainable budget. A report containing recommendations should be received by the Board of Commissioners by July 31, 2018, unless extended by the Board of Commissioners. Citizens Advisory Budget Committee meetings shall be subject to the Open Public Meetings Act and members will be required to attend, at no cost to themselves, Open Public Meetings Act and Public Record Act trainings made available by Mason County. Dated this 20th day of March, 2018. J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2018\Citizens Budget Advisory Committee.docx Resolution No. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin,Chair Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Terri Drexler,Commissioner Tim Whitehead,Chief DPA Kevin Shutty,Commissioner 1:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2018\Citizens Budget Advisory Committee.dOCx Bylaws of Mason County Citizens Advisory Budget Committee 1. Name: Mason County Citizens Advisory Budget Committee. 2. Mission: To serve the interests of the citizens of Mason County by advising the Board of County Commissioners on: a. Recommend Budget Priorities based on mandates b. Recommend how to close the funding gap between expenditures and revenues c. Examine and evaluate new revenue sources and new revenue options and provide recommendations on which to pursue d. Define and recommend alternative budgeting methods, i.e. zero based, line item authority,biennial e. Define opportunities to better manage the growth of expenditures and revenues L Establish recommendations for a county wide sustainable budget The Mason County Citizens Budget Committee is established in accordance with Resolution No. XX-XX adopted March 20, 2018 by Mason County Board of Commissioners. The Committee will serve the public interest by reviewing all county programs and services and make recommendations on what types of and how services should be provided in the future. This Committee will examine the County's revenues, expenditures, mandated costs and financial drivers and make recommendations for a sustainable budget to support these services. The Committee with respond back to the Board of County Commissioners in an iterative process making recommendations as they are arrived at but will have a report completed by the end of July 2018. The Committee will operate in an ethical and responsible manner and is subject to the laws applicable to public bodies. 3. Membership: a. Appointment: The Mason County Citizens Budget Committee shall be comprised of seven members who shall be appointed by the Mason County Board of Commissioners and serve at the pleasure of the Board. Members shall be appointed for a term ending December 31, 2018 unless extended by County Commissioners. b. Representation: The members of the Committee will be comprised of two appointees from each Commissioner District and one County Commissioner. In addition, Mason County will assign staff to the committee for technical support and administrative support to record minutes and perform administrative functions. Staff support staff are non-voting. The six appointed committee members will be voting members and the chair will vote only in the case of a tie. c. Duties/Expectations: The members will complete tasks and projects assigned by the chair and will carry out assignments from the subcommittees to which they have been appointed. Members are expected to be knowledgeable about the matters before the Committee including policy guidelines. Members are expected to assist each other in the orientation and education related to the Committee's responsibilities. Page 1 of 4 J:\BOARDS\Citizens Advisory Budget Committee\Mason Citizen Advisory Committee Bylaws v3.docx 4. Termination: a. Removal by Board of County Commissioners: All Mason County Citizens Advisory Budget Committee members serve at the pleasure of the Board of County Commissioners. The Board of County Commissioners may remove a board member on its own motion or upon the recommendation of the Committee. b. Removal by committee: If the Committee determines by a majority vote that a member should be removed, the chair of this Committee shall report this recommendation to the Mason County Board of Commissioners for its consideration. c. Resignation: Resignations by members shall be submitted in writing to the Mason County Citizens Advisory Budget Committee chair or Mason County staff. The resignation will be forwarded to the Mason County Clerk of the Board and the Mason County Board of Commissioners. d. Reasons for dismissal: The Mason County Board of Commissioners may remove a member when it determines that it is in the best interest of the Committee or the county to do so. 5. Attendance: a. All Mason County Citizens Advisory Budget Committee members are expected to attend regularly scheduled meetings. More than six unexcused absences by any member during a 12-month period, or three consecutive unexcused absences, may result in removal of the member by the Board of County Commissioners. A member's absence is unexcused if the member fails to notify County Staff in advance of a meeting. b. If the committee determines by a majority vote that a member should be removed, the chair of this Committee shall report the recommendation to the Mason County Board of County Commissioners for its consideration. 6. Meetings: a. Public meetings law: The Mason County Citizens Advisory Budget Committee is a public body subject to the public meetings and records law. All meetings will be open to the.public. b. Regular meetings: The Committee meets twice a month or as appropriate to complete its mission. Regular meetings may be cancelled or changed to another specific place, date and time provided that actual notice is given. c. Notice: The County will provide public notice,via e-mail,to board members, interested persons, news media and the general public that have requested notice of Committee meetings. Notice shall include the time and place for holding regular meetings.The notice will include a list of the primary subjects anticipated to be considered at the meeting and additional subjects may also be considered. Whenever possible,matters resulting in a recommendation to the Board of County Commissioners will be deliberated during a minimum of two meetings to assure maximum participation. d. Special meetings: Special meetings may be called by the Committee chair by notifying all members and the general public through a news media notice not less than 24 hours prior to the time of the special meeting. A special meeting should be called only if necessary to conduct business that cannot wait until the next regularly Page 2 of 4 J:\BOARDS\Citizens Advisory Budget Committee\Mason Citizen Advisory Committee Bylaws v3.docx scheduled meeting. When possible, notice should be provided as soon as possible to encourage public participation. e. Quorum: The majority of the appointed membership of the Committee will constitute a quorum for the transaction of all business at meetings. L Decision making procedure: The majority vote of quorum present at the Committee meeting shall be necessary to decide any question. The chair is allowed to vote only in the event of a tie. g. Minutes: Mason County will provide staff support to record meeting minutes. Minutes will include meeting length, members present, motions, proposals, resolutions, and orders proposed and their disposition. Minutes will be distributed to the membership prior to the next meeting. h. Agendas: Any Committee member or county staff may suggest items for the meeting agenda. The agenda will be distributed to members at least five days prior to a regular meeting. 7. Officers a. Chair and vice-chair appointment: The Commissioner assigned to this Budget Committee will serve as chair. The members of the Mason County Citizens Budget Committee will elect the vice-chair. The chair and vice-chair will serve a maximum term of one year. The chair and vice-chair are elected to serve one term. b. Chair responsibilities: The chair will lead and guide the conduct of public meetings. The chairperson is the official representative of the Committee. c. Vice-Chair responsibilities: In the absence of the chair,the vice-chair will assume the chair's responsibilities. If neither the chair nor the vice- chair is available for a public meeting, then the assembled members will select a temporary chairperson to conduct the meeting. d. Vacancies or removal of officers: The Board of County Commissioners may remove a chair or vice-chair on its own motion or upon the recommendation of the Committee when it determines that it is in the interest of the Committee or the county to do so. If the chair is removed, the vice-chair will assume the chair's position. If the vice-chair is removed, the Committee will elect a replacement. 8. Conflicts of Interest a. Declaration: Mason County Citizens Budget Committee members are expected to declare a conflict of interest prior to consideration of any matter causing a potential or actual conflict. b. Potential confect defined: A potential conflict of interest exists when a Committee member takes action that reasonably could be expected to have a special financial impact on that member, a relative, or a business with which the member or member's relative is associated. The Committee member may participate in an action after declaring the potential conflict of interest. c. Actual conflict defined: An actual conflict of interest exists when an action is reasonably certain to result in a special benefit or detriment to the Committee member, a relative, or a business with which the member or member's relative is associated. The member will declare the actual conflict and announce its nature. The member must refrain from taking any official action. Page 3 of 4 J:\BOARDS\Citizens Advisory Budget Committee\Mason Citizen Advisory Committee Bylaws v3.docx 9. Amendment to Bylaws: The Mason County Citizen's Advisory Budget Committee will periodically review their bylaws and may propose amendments to the bylaws. Any recommendations agreed upon by the majority of the Committee members shall be forwarded to the Board of County Commissioners for its approval. 10. Community Relations/Public Input: The public is welcome to attend the Mason County Citizen's Advisory Budget Committee meetings. A 15 minute public comment time will be included on the agenda with a 3 minute limit per person. Public continent may also be submitted in writing. Page 4 of 4 J:\BOARDS\Citizens Advisory Budget Committee\Mason Citizen Advisory Committee Bylaws v3.docx MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: John Huestis, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 207 COMMISSION MEETING DATE: March 20, 2018 Agenda Item # BRIEFING DATE: March 12, 2018 BRIEFING PRESENTED BY: John Huestis [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Adopt-A-Road — Olympia Yacht Club BACKGROUND: The Olympia Yacht Club is interested in helping to keep Pickering Road litter-free near their club property. An Adopt-A-Road application and agreement signed by authorized volunteer representatives John Sherman and Robert VanSchoorl is attached. Chapter 12.48 of the Mason County Code allows volunteers organizations to participate in roadside litter control efforts. The code spells out eligibility requirements. Public Works has determined that the organization is eligible to participate in the County Adopt-A-Road litter control program. The Agreement details responsibilities of the volunteer organization and the county. Public Works furnishes safety materials, training, and pick-up equipment. Pick up and disposal of the trash is carried out by the Sheriff's Department under the Community Litter Cleanup program. If approved, the Olympia Yacht Club will be assigned a two mile section of Pickering Road beginning at the intersection of Harstine Bridge Road (NMP 3.3) and ending at the intersection with Schneider Road (NMP 5.3) for a period of two years. RECOMMENDED ACTION: Recommend the Board authorize the Chair to execute the Adopt-A-Road Agreement with the Olympia Yacht Club. Attachments: Application & Agreement Map Briefmg Summary APPENDIX 1 20 1 E Date Application Received To be filled in by County ADOPT-A-ROAD APPLICATION Olympia Yacht Club Name of Volunteer Organization 201 Simmons St NW., Olympia, WA 98501 Mailing Address, City, State, ZIP Code same List the sections of road you are interested in cleaning in order of preference: 1. E Pickering Road 1 mile each side of OYC Island Home Outstation Entrance Road Name Vanity 2. Road Name Vanity 3. Road Name Vanity Sections of County road are assigned on a safety and first-came, first-serve basis. If the sections your group have identified above are not available the Mason County Public Works Department will suggest other alternatives. Volunteer Organization Representatives: John Sherman, OYC Environmental Chair rgnature: Representative#1 Name of Representative (Print or Type) OYC Environmental Chair, 201 Simmons St NW., Olympia, WA 98501 Mailing Address, City, State, Zip Code 503.936.7245 Day phone number Evening phone number ,a,._�9 r` Ua C/aa9(T S s Signature: Representative#2 Name of Representative (Print&Type) 360 75'17 V'o-ilp ""- Day phone number Evening phone number Return this application to: Adopt-A-Read Coordinator Mason Countv Public Works 100 W Public Works Drive Shelton, 'WA 98584 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County" and tCZ14 46 a volunteer organization herein sown as the "Grantee". Whereas, the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40; and Whe,eas the Grantee wishes to contrib:Ae toward the effwA to mdu e roadsi: a atter by volunteering to assist in picking up Utter on the section of road specified herein; Now,therefore,the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking Utter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee,in cleaning up litter if necessary (.e.,when targe, heavy,or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To furnish a portable"Volunteer Utter Crew Ahead" advanced warning sign and stand,and make available hard hats,safety vests for all participants, and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed, the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. 8 Adopt-A-Road - Olympia Yacht Club i3 .10 11j, 3. 0 GRD w c 3.30 4e a o FA/ oR 44/ 380 3„90 4.00 4.10 �O 4.30 4.4 4.50 �O p b' Z OLYMPIA J YACHT U) 410 CLUB = F- D O 6 Adopt-A-Road 480 W County Mileposts ---------------q � 90 llaaaYO Private Road I i County Road $00 ;.vr Tit � S10 I 1 i sE SCHNEIDER RD E PICKERING RD Sao M.P. 3.3 - 5.3 I � 4o Sources: E NRCAN,E TomTom, ©OpenSltreetMap(and) SSO Communit --------------contributors, CC-BY-SA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: John Huestis, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 DATE: March 20 2018 Agenda Item # q 0 • BRIEFING DATE: March 12, 2018 BRIEFING PRESENTED BY: John Huestis [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County Public Works Annual Certification for Calendar Year 2017 Background: Public Works has received and completed the forms from the County Road Administration Board for Annual Certification for calendar year 2016. Among those forms, the following require the Chair of the Board's signature. They are: 1) Annual Certification for - 2017 2) Certification of Expenditures for Traffic Law Enforcement — 2017 3) Certification of Expenditures for Fish Passage Barrier Removal — 2017 Once the Chair has executed these forms, Public Works will include them in the submittal to the County Road Administration Board (CRAB). Recommended Action: Recommend the Board of County Commissioners execute the Annual Certification for Calendar Year 2017; Certification of Expenditures for Traffic Law Enforcement — 2017; and, Certification for Expenditures for Fish Passage Barrier Removal — 2017 to be included in the annual submittal to the County Road Administration Board by the Department of Public Works. Attachments: Annual Certification — 2017 Certification of Expenditures for Traffic Law Enforcement — 2017 Certification of Expenditures for Fish Passage Barrier Removal - 2017 3/14/2018 C.A.R.S. Mason County Annual Certification For Calendar Year 2017 WAC 136-04 MANAGEMENT AND ADMINISTRATION A. During 2017 the County Engineer performed the duties and had the responsibilities specified in Yes RCW 36.80.030. B. At any time during 2017 was there a vacancy/change in the position of County Engineer? If so, Yes were the procedures in WAC 136-12 followed? Explanation: Mason County's Deputy Director/County Engineer, Melissa McFadden went on a temporary absence April 25, 2017. County Commissioners assigned Sarah Grice as the Acting County Engineer(CRAB notified by letter dated 4/25/17). Melissa resigned on July 31, 2017 and per Resolution 43-17, Commissioner's appointed Jerry Hauth, RE as interim County Engineer, not to exceed six months beginning August 1, 2017 (CRAB Notified by letter dated 7/25/17). On December 12, 2017 Commissioners appointed John Huestis, P.E. as the Deputy Director/County Engineer, per Resolution 83-17, effective December 12, 2017 (CRAB was notified by letter dated 12/12/17). Notifications to CRAB followed the requirements of WAC 136-12-045. C. The processing of County Road Accident Reports during 2017 complied with WAC 136-28. Yes D. Priority Programming techniques were applied to the ranking of all potential projects on the arterial Yes road system in 2017 per WAC 136-14-020. E. As of December 31, 2017 the management of the county road department was in accordance with policies set by the county legislative authority including, but not limited to, the following specific policies required by WAC 136-50-050: *Has your agency sent the most recently adopted version to CRAB WAC 136-50-051? POLICY WAC DATE OF CURRENT VERSION Re: Organization 136-50-051 12/04/2007 Re: Personnel Practices 136-50-052 12/20/2016 Re: Complaint Handling 136-50-053 02/20/1990 Re: Work for Others 136-50-054 02/13/2018 Re: Utility Accommodation 136-50-055 11/03/2006 Re: Priority Programming 136-14-030 06/03/2004 F. The following were submitted to CRAB in a timely manner: aboutblank 1/2 3/14/2018 C.A.R.S. DOCUMENT WAC DUE DATE DATE OF ADOPTION/ DATE SENT TO PREPARATION CRAB '17 Six-Year Program 136-15-050 31-DEC-16 10/04/2016 12/07/2016 '17 Annual Construction Program 136-16-040 31-DEC-16 10/04/2016 11/14/2016 '17 CAPP Program 136-300-060 31-DEC-16 12/21/2016 12/21/2016 '17 Road Fund Budget 31-DEC-16 12/13/2016 12/13/2016 '17 Maintenance Management Work 136-11-040 31-DEC-16 12/21/2016 12/21/2016 Plan & Budget '17 Road Levy 136-150-021 01-FEB-17 12/23/2017 01/23/2017 '16 Certification of Road Fund Exp. 136-150-022 01-APR-17 03/28/2017 03/29/2017 For Traffic Law Enforcement '16 Engineer's Certification of Fish 136-150-023 01-APR-17 03/28/2017 03/29/2017 Barrier Removal Costs '16 Certification of Road Fund Exp.for 136-150-024 01-APR-17 Marine Navigation and Moorage '16 Annual Construction Report 136-16-050 01-APR-17 03/28/2017 03/29/2017 '16 CAPP Report 136-300-090 01-APR-17 03/28/2017 03/29/2017 '16 Maintenance Management 136-11-050 01-APR-17 03/28/2017 03/29/2017 Certification '16 Annual Certification 136-04-030 01-APR-17 03/28/2017 03/29/2017 '16 Road Log Update 136-60-030 01-MAY-17 05/01/2017 05/01/2017 '17 PMS Certification for CAPA 136-70-070 31-DEC-17 12/21/2017 12/21/2017 Eligibility G. Projects to which construction expenditures were charged were all on the originally adopted 2017 Yes Annual Program or as amended per WAC 136-16-042-Attach Amendments. (If No, please attach a brief explanation.) H. The County's construction by county forces limit for 2017 computed in accordance with RCW $1,269,768.75 36.77.065: I. The actual expenditure for construction by county forces as reported in the 2017 Annual Const. $0.00 Report: J. As required by WAC 136-20-060, a written Bridge and Inspection Report for 2017 was furnished to 04/17/2017 the legislative authority on (attach a copy): about blank 2/2 3/14/2018 C.A.R.S. Mason County 2017 CERTIFICATION OF ROAD FUND EXPENDITURES FOR TRAFFIC LAW ENFORCEMENT WAC 136-150-022 Total Road Levy_ Budgeted Road Levy revenue (as listed on the Road Levy Certification -WAC 136- $9,678,320.00 150-021): Actual Road Levy revenue produced: $9,651,225.38 Traffic Law Enforcement Paid by Road Levy Diversion: Budgeted Road Levy Diversion (as listed on the Road Levy Certification -WAC 136- $1,500,000.00 150-021): Actual amount of Diverted Road Levy: $1,500,000.00 Was Diverted Road Levy deposited in a specific and identifiable account (RCW Yes 36.82.040): Traffic Law Enforcement Paid by Road Fund Expenditures: Budgeted cost reimbursements and/or operating transfers from the Road Fund: Actual total amount of cost reimbursements and/or operating transfers from the Road Fund: Total Road Portion Traffic Law Enforcement Expenditures: $1,500,000.00 Total Traffic Law Enforcement Expense (ALL COUNTY FUNDS)_ $1,584,755.43 RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including traffic law enforcement, as are allowed by Article II, Section 40 of the Washington State Constitution, are eligible to receive funds from the Rural Arterial Trust Account. This form must be reviewed and certified (on the "Engineer's Certification Form") by_ • County Sheriff • County Auditor OR Charter designated Chief Financial Officer • Chair, Board of County Commissioners OR County Executive abouttlank 1/1 3/14/2018 C.A.R.S. FISH PASSAGE CERTIFICATION WAC 136-150-023 Submitting County: Mason Budget Year: 2017 Fish Passage Barrier Removal Projects Total Project Project Cost Outside % of Total Cost (25% Name Cost of ROW Allowed by WAC) Total Expenditures for Fish Passage Barrier Removal Outside County Rights- of-Way Total Annual Road Construction Budget: $7,157,684.00 X 0.005 1/2% of Total Annual Road (Limit of"Outside of Right-of-Way" =$35,788.42 expense) Total Expenditure for Fish Passage Barrier Removal Outside $0.00 County Right-of-Way RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified and limited by RCW 36.82.070 , as are allowed by Article II, Section 40 of the Washington State Constitution, are eligible to receive funds from the Rural Arterial Trust Account. aboutblank 1/1 C.A.R.S. Page 1 of 4 LO�C M. CRAB Annual Reporting System Mason County Reports for 2017 Digital Submittal Certification for Forms Due April 1st a The documents checked below are hereby submitted from Mason County for the review and acceptance of the County Road Administration Board. X 2017 RAP Certification of Road Fund Expenditures for Traffic Law Enforcement I hereby certify that the above report is true and accurate and that I have reviewed and approved the report for submission to the County Road Administration Board in accordance with WAC 136. https://www.crab.wa.gov/cars/ 2/27/2018 C.A.R.S. Page 2 of 4 Signed: A'/ Date: -Z - 2_ County Sheriff Signed: Date: i S County Auditor Signed: Date: Chair / Executive --------------------------------------------------------------------------------------- X 2017 Certification of Road Fund Expenditures for Fish Passage Barrier Removal X 2017 Annual Certification I hereby certify that the Fish Passage Removal and Annual Certifications are true and accurate and that I have reviewed and approved the report for submission to the County Road Administration Board in accordance with WAC 136. Signed: Date: Chair / Executive https://www.crab.wa.gov/cars/ 2/27/2018 C.A.R.S. Page 3 of 4 Signed: Date: 4/7/m County ineer X 2017 Annual Construction Report X 2017 County Arterial Preservation Report X 2017 Maintenance Management Annual Certification I hereby certify that the Annual Construction Report, County Arterial Preservation Report, and Maintenance Management Certification are true and accurate and that I have reviewed, approved, and submitted said reports to the County Road Administration Board in accordance with WAC 136. Signed: Date: County Engineer --------------------------------------------------------------------------------------- After submitting all required April forms, print and sign this form and do the following: 1. Print and sign this form. 2. Scan and attach a copy below. 3. Mail the original signed form to CRAB. 4. Submit this form for CRAB review. Attach no file chosen Only the County Engineer can submit. print save j submit { Technical Support: Eric Hagenlock Policy Support: Derek Pohle (eric@crab.wa.gov) (derek@crab.wa.gov) https://www.crab.wa.gov/cars/ 2/27/2018 MASON COUNTY OTHER BUSINESS ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: John Huestis, PE, Deputy Director/County Engineer OTHER BUSINESS DEPARTMENT: Public Works EXT: 207 COMMISSION MEETING DATE: March 20, 2018 Agenda Item #T1 BRIEFING DATE: March 12, 2018 and October 16, 2016 BRIEFING PRESENTED BY: John Huestis [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: FYI: Public Works Bid Award Information EXECUTIVE SUMMARY: The Public Works Department is announcing the bid award of the 2018 Striping service contract that was authorized by the County Commissioners to call for bids, set bid opening dates/times, and award. No. of Bid Opening for: Contract Award to: Bid Amount: Bids: 3 2018 Striping Services Stripe Rite, Inc $277,733.21 Bid tabulation is attached and also available on the Builders Exchange of Washington website. Recommended Action: No action required. Attachments: Bid Tabulation Briefing Summary Mason County Public Works BID TABULATION SHEET PROJECT.2018 PAINT LINE Page 1 of 1 BID OPENING:3/2/18 Stripe Rite,Inc Apply A Line Specialized Pavement Mark,inc ROAD:VARIOUS 1813 137th Ave E 175 Roy Rd SW Bldg C 11095 SW Industrial Way,St A Sumner WA 98390 Pacific WA 98041 Tualatin OR 97062 BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 IFENGINEER'S ESTIMATE BOND/ADD? y BOND/ADD? y BOND/ADD? y ITEM ITEM UNIT PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 SINGLE SHOT PAINT LINE LM 652.61 $ 390.00 $ 254,517.90 $ 355.00 $ 231,676.55 $ 390.00 $ 254,517.90 $ 525.00 $ 342,620.25 SINGLE SHOT PAINTED WIDE LINE 2 LM 10.08 $ 625.00 $ 6,300.00 $ 412.00 $ 4,152.96 $ 640.00 $ 6,451.20 $ 850.00 $ 8,568.00 3 DOUBLE SHOT PAINT LINE LM 60.73 $ 730.00 $ 44,332.90 $ 690.00 $ 41,903.70 $ 640.00 $ 38,867.20 $ 950.00 $ 57,693.50 ILTOTALS $ 305,150.80 $ 277,733.21 $ 299 836.30 $ 408,881.75 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom Action Agenda Public Hearing _x Other DEPARTMENT: Community Services EXT: _260 COMMISSION MEETING DATE: 03/20/18 Agenda Item # /U. / Commissioner staff to complete) BRIEFING DATE: January 29, 2018, March 12, 2018 BRIEFING PRESENTED BY: Dave Windom [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Ordinance for Procedures to Determine Water Adequacy to reflect changes in state law ensuring water is available to support development. BACKGROUND: Community Development is finishing the policy and process components of water/well management following the passage of SSB 6091. This policy work reflects the Community Development desire to comply with the legal requirements of SSB 6091 in a timely fashion. The outlined policy will be posted online and briefed to staff upon commission approval. RECOMMENDED ACTION: Approve Ordinance ATTACHMENT(S): Staff Report, Ordinance for Procedures to Determine Water Adequacy, MCC Chapter 6.68 —Water Adequacy Regulations, and MCC 14.48.150-New Development and Redevelopment- Minimum Requirements. I:\Community Development\PLANNINGNarissa W\BOCC\Public Hearing\2018\03.20.18\CS_3.20.18_Public Hearing for Water Adequacy Second Hearing.doc iaMASON COUNTY COMMUNITY SERVICES Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 360-427-9670,ext.352 or 360-275-4467,ext 400 360-427-9670,ext.352 or 360-275-4467,ext.352 415 N.6th Street-Shelton WA 98584 615 W.Alder Street-Shelton,WA 98584 Staff Report: Dave Windom, Director, MCCS ESSB 6091 Implementation Situation: In response to the state legislature approving ESSB 6091, providing a long-term solution to the Hirst decision, staff prepared an emergency ordinance relating to the use of permit exempt water withdrawals for development purposes. This was adopted as an emergency ordinance so that the County could immediately comply with state law and process development permit applications dependent upon permit exempt wells consistent with the new law. Staff recommended that you adopt it on January 30, 2018 and schedule it for a public hearing on February 20, 2018. Staff would then prepare a final, permanent ordinance similar to the emergency ordinance to take through our standard public review and approval process within the next 60 days, prior to final GMA compliance proceedings before the Growth Management Hearings Board (GMHB Case No. 12-2-0013). At the February 20th hearing it was discovered that not all materials pertaining to the ordinance had been placed online. Staff recommended that another public hearing be scheduled to correct the process and ensure compliance and transparency.The hearing was then scheduled for March 20th, 2018. Background:This ordinance differs from the previous interim water resources ordinances in that, pursuant to ESSB 6091, hydrogeologic instream flow impairment analyses and mitigation are no longer required for new groundwater withdrawal applications. For example, an applicant in WRIA 22 may now obtain approval for a groundwater withdrawal (a well) exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection. They must also pay a fee of$500 dollars ($350 of which the County must forward to the Department of Ecology), and must record any relevant restrictions or limitations associated with water supply with the property title. WRIA 14 and 15 have similar processes with restrictions to 950 gallons per day. Analysis: The code revisions as previously briefed meet the requirements of ESSB 6091. Additionally, staff received information from Ecology that applicants may still use a hydrogeologist to investigate non-connectivity to instream flows. Should non-connectivity be determined, applicants would be allowed the full 5000 gpd withdrawal provisions of an exempt well. The cost for this study would be borne by the applicant.This appears consistent with ESSB 6091.The current draft version of MCC 6.68 now includes this Daw 3/7/18 MASON COUNTY COMMUNITY SERVICES Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 360427-9670,ext.352 or 360-2754467,ext 400 360.427-9670,ext 352 or 360-275-4467,ext 352 415 N.6th Street-Shelton,WA 98584 615 W.Alder Street-Shelton,WA 98584 provision. ESSB 6091 also contains provisions that immediately add to the County's watershed management work plan. The most noteworthy is that it directs the Department of Ecology to work with the initiating governments and the planning units described in chapter 90.82 RCW to update the WRIA 14 Watershed Management Plan by June 30, 2021 to identify the potential impacts of exempt well use, identify evidence-based conservation measures, and identify projects to improve watershed health. The Watershed Management Plan Update must include recommendations for projects and actions that will measure, protect, and enhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids. The ordinance that made changes to the fee schedule from the February hearing is not being addressed today. All the elements of that ordinance were available online so there should be no public disclosure issues. That ordinance stands as adopted on February 20th, 2018. Recommendations: Staff recommends adoption of the ordinance to change MCC 6.68 and MCC 14.48.150 Attachments: Ordinance Daw 3/7/18 Chapter 6.68— MASON COUNTY WATER ADEQUACY REGULATIONS Sections: 6.68.010- Purpose. 6.68.020-Scope of coverage. 6.68.030- Definitions. 6.68.040- Determination of adequacy for building permits. 6.68.050- Determination of adequacy for division of land. 6.68.060-Waiver of regulations. 6.68.070-Appeals. 6.68.010-Purpose. (a) The purpose of these rules is to define basic water adequacy in accordance with the Growth Management Act (RCW 36.70A) for new construction and to each lot in a proposed subdivision or a short subdivision prior to approval. (b) It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. 6.68.020-Scope of coverage. (a) The provisions of this chapter shall apply to all territories contained within the jurisdictional boundaries of the Mason County dDepartment of health Community ServicesserviGes. The provisions of these rules and regulations shall apply to all new residences, places of business, or other buildings or places where persons congregate, reside or are employed which requires potable water and to land segregation regulated under Title 16 of this code. (b) Any building necessitating potable water shall provide proof of potable water as delineated in this code and approved bar the health servisesCommunity Services director or designee(s) prior to issuance of the permit. Exemptions to this code are listed as follows: (1) Buildings identified by the building official which do not require potable water facilities; (2) Improvements, replacement structures, or additions to buildings which already contain potable water and will not result in increased water usage; 6.68.030-Definitions. The definitions of terms in WAC 246-290, WAC 246-291, RCW 90.03, RCW 90.44, and Title 16 of this code are adopted and incorporated by reference. 03.13.18 Page 1 6.68.040-Determination of adequacy for building permits. (a) Group B or Two-Party Public Water Systems. (1) Prior to issuance of a building permit, the water system manager provides, in writing, verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. Verification in writing will be accomplished by signing a statement on an application form; and (2) Upon receipt of the application, the Group B public water system file is reviewed for the following: (A) Quality. (i) Public water sources must meet all the standards set forth by state regulation and be current on monitoring requirements. (ii) In areas of water quality concern, water quality may be required to be further evaluated for any or all of the following: A. Primary contaminates, B. Secondary contaminates, C. Volatile organic compounds (VOC), and/or D. Synthetic organic compounds (SOC). (B) Quantity. The minimum quantity of available water supply shall be eight hundred gallons per connection per day and a pumping rate of one gallon per minute per connection. (C) Compliance. (i) Water systems must be in compliance with state and local design and construction requirements and with on-going requirements set forth by state regulation. (ii) Source wells must be constructed according to the requirements set forth by WAC 173-160. Proper permitting and notification to state and local departments shall be adhered to. (iii) A water right permit or certificate of surface water right shall be obtained from the Washington State Department of Ecology where required by RCW 90.03 and 90.44. (b) Group A Public Water Systems. (1) Prior to issuance of a building permit, the water system manager provides, in writing, verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. Verification in writing will be accomplished by signing a statement on an application form; and (2) Upon receipt of the application form, the Washington State Department of Health is consulted and the Washington State Department of Health determines that the water system is adequate. (c) Individual Sources. (1) Prior to issuance of the building permit, a copy of the water well report, a satisfactory bacteriological report, and a capacity test is attached to the application; and (2) Upon receipt of the application, documentation will be reviewed for the following: (A) Quality. (i) A satisfactory bacteriological analysis is required. (ii) In areas of water quality concern, the same requirements apply as described in subsection (a)(2)(A)(ii) of this section. 03.13.18 Page 2 (B) Quantity. The same requirements apply as described in subsection (a)(2)(B) with the exception that appropriate conservation in conjunction with adequate storage measures may be used to justify a daily volume of less than eight hundred gallons. (C) Compliance. The same requirements apply as described in section (d), subsections (a)(2)(C)(i) and (ii) and assurance that the water source will not interfere with existing water rights; (d) New connections including individual sources Group A and Group B, Accessory Dwelling Units, and additional bedrooms will comply with the following: (i) Any permit-exempt groundwater withdrawal associated with a water well constructed before January 19 2018 is deemed to have evidence of adequate water supply under this section; (ii) An applicant whose building location is in Water Resource Inventory Area (WRIA) 14, 15 and 22 shall pay a fee of five hundred dollars to Mason County and record relevant water restrictions or limitations with the property title; (iii) Except as provided in (iv) of this subsection, an applicant whose building location is within WRIA 14 and 15 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of nine hundred fifty gallons per day per connection; (iv) An application whose building location is within WRIA 22 may obtain approval for a withdrawal exempt from permitting under RCW 9.44.050 for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection.. (v) Upon the issuance of a drought emergency order under RCW 43.83B.405, Ecology may curtail withdrawal of groundwater exempt from permitting under RCW 90.44.050 and approved under this subsection (C), (iii) to no more than three hundred fiftyal�per day per connection for indoor use onlyl NO Notwithstanding the limitation to no more than three hundred fifty gallons per day per connection for indoor use only, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order. (vii) Projects proposing to rely on well water have the opportunity to demonstrate that their proposed withdrawal is not hydraulically connected to closed or regulated surface waters, or that they can provide adequate mitigation to offset new consumptive use impacts. This requires site specific analysis that is typically conducted by a licensed hydro-geologist and is consistent with Mason County Stormwater Regulations (MCC 14.48). (3) A surface water source will be determined to be adequate or issuance of a building permit upon receipt of a copy of the certificate of surface water right and evidence of an appropriate disinfection method is attached to the application. 6.68.050- Determination of adequacy for division of land. (a) Group B or Two-Party Public Water Systems. 0 1' 1 Page 3 (1) New Water System. (A) The water system is completely installed and meets all state and local regulations; or (B) Moneys, under the name of Mason County health services, totaling one hundred thirty-five percent of a bid obtained from an appropriate contractor for the entire cost of drilling the well, obtaining approvals, and installing the system, is placed either into an escrow account or a bond to secure completion of the work after the well site location is passed. (2) Existing Water System. The same requirements apply as described in subsection 6.68.040(a). (b) Group A Public Water System. The same requirements apply as described in subsection 6.68.040(b). (c) Individual Water Sources. (1) Individual water sources will be adequate for land division when the lots meet the sizing criteria in WAC 246-272-20501. The following disclaimer shall be placed on the face of the plat when potable water is not available for each parcel at the time of subdivision approval: "The lots, parcels or tracts contained within this land segregation have been created after establishing a potable water supply meeting all state and local regulations." (2) In areas where a water quantity or quality problem may exist, the following may be required: (A) Well logs of adjacent properties; (B) One or more well drilled; (C) Water study by a qualified hydrogeologist. 6.68.070-Appeals. Decisions of the Ddirector of health Community Sservices may be appealed to the Mason County Bboard of Hhealth. Appeals must be made in writing within twenty working days of the decision which is being disputed. A hearing date shall be scheduled with the board for their next regular meeting. All appeals shall be sent to the board in writing via certified mail with return receipt requested. 03.13.18 Page 4 14.48.150- New development and redevelopment—Minimum requirements. Development of individual, detached, single-family residences and duplexes exceeding two thousand square feet of impermeable surfacing must have a small parcel erosion and sediment control plan, and a residential site improvement plan (which includes a written description of the proposed work and development) prepared and submitted for county review and approval. Nonresidential development exceeding five thousand square feet of impermeable surfacing and/or land disturbing activities of one acre or more must have the large parcel ESC plan (if required) and the permanent stormwater quality control (PSQC) plan (if required) prepared and stamped by a licensed civil engineer. All applicants shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration including using low-impact development techniques as defined in the most current version of the Stormwater Manual for Western Washington produced by Washington State Department of Ecology, or pursuant to stormwater management requirements adopted by Mason County,where more stringent. (1) New Development. (A) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with minimum requirements #1 through #11 in subsections (3)through (13) of this section. Compliance shall be demonstrated through the implementation of an approved stormwater site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate. (B) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with minimum requirements#2 through #11 in subsections (4) through (13) of this section and the small parcel minimum requirements found in Section 14.48.140 above. This category of development shall also prepare a stormwater site plan that includes a small parcel erosion and sediment control plan. Compliance shall be demonstrated through the implementation of an approved stormwater site plan that includes a small parcel erosion and sediment control plan and a PSQC plan. (C) All new residential development and redevelopment (individual, detached, single family residences and duplexes) that includes the creation or addition of two thousand square feet, or greater of new impervious surface area, shall prepare a small parcel erosion and sediment control plan which complies with minimum requirements #1 through #5 in Sections 14.48.140(1) through 14.48.140(5), and shall prepare a residential site improvement plan which includes a written description of the proposed work and development. The small parcel erosion and sediment control plan along with the residential site improvement plan should show and describe how development impacts are proposed to be mitigated. Compliance shall be demonstrated through the implementation of approved erosion and sediment control plan, and a residential site improvement plan. (2) Redevelopment. (A) Where nonresidential redevelopment of greater than or equal to five thousand square feet occurs: The new development minimum requirements #1 through #11, subsections (3) through (13), shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project. A stormwater site plan shall be prepared. (B) In addition to the above requirements, where one or more of the following conditions apply, a stormwater site plan shall also be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (minimum requirement #9) may be used to develop redevelopment requirements that are tailored to a specific basin. (i) Existing sites greater than one acre in size with fifty percent or more impervious surface. (ii) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to water bodies: a. Listed in reports required under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses; b. Listed under Section 303(d) of the Clean Water Act as not expected to meet water quality standards or water quality goals; C. Listed in Washington State's Non-point Source Assessment required under Section 319(a) of the Clean Water Act that, without additional action to control non-point sources of pollution cannot reasonably be expected to attain or maintain water quality standards. (iii) Sites where the need for additional stormwater control measures has been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act planning. (3) Minimum Requirement #1: Erosion and Sediment Control. All new development and redevelopment that includes land disturbing activities of one acre or greater shall comply with erosion and sediment control requirements 1 through 14, below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of a large parcel erosion and sediment control plan. All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in Section 14.48.130, above. Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan. The following erosion and sediment control requirements shall be met: (A) Erosion and Sediment Control Requirement #1: Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no exposed and unworked soils shall remain unstabilized for more than two days. From May 1 to September 30, no exposed and unworked soils shall remain unstabilized for more than seven days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs. (B) Erosion and Sediment Control Requirement#2: Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees, and drainage courses. (C) Erosion and Sediment Control Requirement #3: Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from damage by sediment deposition. (D) Erosion and Sediment Control Requirement #4: Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in erosion and sediment control requirement#1. (E) Erosion and Sediment Control Requirement #5: Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement#1. Supplemental Guidelines: Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, ground water conditions, and other applicable factors. Slopes which are found to be eroding excessively within two years of construction must be provided with additional slope stabilizing measures until the problem is corrected. (i) Roughened soil surfaces are preferred to smooth surfaces on slopes (see BMP E2.35 in Chapter II-5). (ii) Interceptors (see BMP E2.55 in Chapter II-5) should be constructed at the top of long steep slopes, which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length. (iii) Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, or pipe slope drain (see BMP E2.25 in Chapter II-5). (iv) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided (BMPs E2.30 and E2.75 in Chapter II-5). (F) Erosion and Sediment Control Requirement #6: Controlling Off-site Erosion. Properties and waterways downstream from development sites shall be protected from damage by erosion due to increases in the volume, velocity, or peak flow rate of stormwater runoff from the project site. (G) Erosion and Sediment Control Requirement #7: Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of the peak flow from a two-year, twenty-four hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems. (H) Erosion and Sediment Control Requirement #8: Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not be discharged offsite or be introduced into any fill area without first being filtered or otherwise treated to remove sediment. (1) Erosion and Sediment Control Requirement #9: Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria: (i) No more than five hundred feet of trench shall be opened at one time, unless provisions are made to protect against adverse stormwater impacts. (ii) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches. (iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond. (J) Erosion and Sediment Control Requirement #10: Construction Access Routes. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized to minimize the tracking of sediment onto public roads. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface creating a hazard, the roads shall be cleaned immediately, and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. (K) Erosion and Sediment Control Requirement #11: Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within thirty days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. (L) Erosion and Sediment Control Requirement #12: Dewatering Construction Sites. Trench dewatering devices shall be discharged in a manner that will not adversely affect flowing streams, drainage systems, or offsite property. Water discharged from dewatering pumps shall be routed through a sediment pond or trap unless it is clear. (M) Erosion and Sediment Control Requirement #13: Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater. (N) Erosion and Sediment Control Requirement #14: Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed and in a timely manner to assure continued performance of there intended function. All maintenance and repair shall be conducted in accordance with an approved manual. (0) Erosion and Sediment Control Requirement #15: Financial Liability. Performance bonding, or other appropriate instruments, may be required to ensure compliance with the approved erosion and sediment control plan. (4) Minimum Requirement #2: Preservation of Natural Drainage Systems. Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location to the maximum extent practicable. (5) Minimum Requirement #3: Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (minimum requirement#9) may be used to develop source control requirements that are tailored to a specific basin, however, in all circumstances, source control BMPs shall be required for all sites. (6) Minimum Requirement #4: Runoff Treatment BMPS. All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality storm, defined as the six month, twenty-four hour storm. The first priority for treatment of stormwater shall be to infiltrate as much as possible of the water quality design storm into the ground. (Infiltration BMPs practices shall be in accordance with Chapter III-3 of the PSWQA Manual) Pretreatment of stormwater prior to infiltration into the ground may be required in cases where: (A) The stormwater contains high concentrations of undesirable dissolved chemicals that can move through soil. (B) The stormwater contains large amounts of sediment that might clog the infiltrative surfaces in the basin. (C) The soils are extremely pervious and will not properly filter the stormwater as in the case for some gravelly (type one) soils. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director. An adopted and implemented basin plan (minimum requirement #9) may be used to develop runoff treatment requirements that are tailored to a specific basin. The objectives of providing stormwater treatment BMPs are, for both surface and ground waters, to protect the quality and quantity, to allow attainment of the designated uses, and to meet state standards promulgated under Chapter 173 of the Washington Administrative Code. (7) Minimum Requirement#5: Streambank Erosion Control. The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the requirements in Minimum Requirement #4, Runoff Treatment BMPs: Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to fifty percent of the existing condition two-year, twenty-four hour design storm while maintaining the existing condition peak runoff rate for the ten-year, twenty-four hour and one hundred-year, twenty-four hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director, and maintained according to the 1992 manual. An adopted and implemented basin plan (minimum requirement #9) may be used to develop streambank erosion control requirements that are tailored to a specific basin. (8) Minimum Requirement #6: Wetlands. Stormwater discharges to wetlands shall maintain the wetland's natural hydroperiod and flows to the extent needed to preserve or enhance its existing functions and values. Prior to proposing discharge of higher volumes of stormwater to a wetland, alternative discharge, detention, and infiltration practices located in areas outside the wetland shall be evaluated and employed by the project engineer where feasible and practicable. These requirements apply to existing natural wetlands and wetlands created as mitigation for loss of wetland acreage. Wetlands constructed and operated solely for use as stormwater treatment/storage areas are exempt from these and most other restrictions that apply to natural wetlands. Constructed wetlands may lose this exemption if not operated and maintained as stormwater areas for three or more years. Other local, state, or federal wetland protection requirements may also apply. (9) Minimum Requirement #7: Water Quality Sensitive Areas. Where the Mason County commissioners or their designee determine that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality. An adopted and implemented basin plan (minimum requirement#9) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin. (10) Minimum Requirement#8: Off-site Analysis and Mitigation. Downstream Analysis May Trigger Additional Requirements. The project engineer shall provide a detailed qualitative analysis of the flow path of the discharge from the project site to the receiving water. This requirement shall apply to all projects where a drainage and erosion control plan is prepared, including those proposing retention facilities. This analysis shall include flow routing, and provide existing pipe and channel sizes and estimated capacities. In addition, the project engineer shall discuss any known or expected downstream erosion, flooding, or water quality problems, including those that may be caused by interflow from the proposed retention facility. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. In making this determination, the director or designee shall consider such factors as the relative size of the new development, availability of other hydrologic work for the drainage area, and the extent to which stormwater generated on the project site is to be infiltrated. Based upon this analysis, the project engineer may determine or the director or designee may require that a quantitative analysis of the conveyance system be performed both upstream and downstream of the project site. A quantitative analysis will not be required for most projects that propose to infiltrate most or all stormwater. This analysis shall determine conveyance system performance for the appropriate design event(s) both with and without the proposed development. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. The director or designee shall consider factors such as the relative size of the new development, availability of other hydrologic work for the drainage area, and the results of the qualitative analysis, in making this determination. The quantitative downstream analysis will include modeling the hydraulics of the proposed project and all other sources of runoff tributary to the receiving water body for the appropriate design event. The project engineer shall include an analysis of the impact of the twenty-four hour, one hundred-year event (in addition to "Design Event" analysis) for each component of the system including pond spillway. The director or designee may impose stricter discharge and/or detention standards if the discharge from the project, evaluated in the context of other existing conditions in the drainage area, is reasonably expected to result in any of the following: (A) Flooding; (B) Loss of aquatic habitat due either to high or low flows; (C) Property damage; (D) Water quality problems; (E) Erosion; (F) Or an unacceptable interruption of vital services. If the project engineer (or director or designee) determines that greater treatment, infiltration and/or storage volumes, lower release rates, or downstream improvements are needed, he/she shall specify project design criteria or other means to relieve the downstream problems (providing that such solution will not violate minimum standards established in the 1992 manual). Other means might include increases in downstream flow capacity and/or offsite detention and infiltration facilities, plans and financing for which will be subject to the approval of the director or designee. (11) Minimum Requirement #9: Basin Planning. Basin Plan Supersedes 1992 Manual. If a proposed project is located in a basin or sub basin for which the county has an adopted basin plan, stormwater requirements specifically identified in the basin plan shall take precedence over those provided in this chapter. However, all other elements detailed in this chapter shall continue to apply to such projects. Basin plans are required to be developed according to an approved manual. (12) Minimum Requirement #10: Operation and Maintenance. An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. An operation and maintenance (O&M) Covenant will be required to cover all privately owned and maintained stormwater facilities approved by the director. O&M covenant forms are available at the Mason County public works office. A copy of the completed instrument, shall be recorded with the county auditors' office by the proponent, and a copy of the recorded instrument is required to be submitted to the public works department prior to final approval of the completed permanent stormwater facilities. (13) Minimum Requirement #11: Financial Liability. Performance bonding, or other appropriate instruments shall be required for all projects to ensure compliance with these standards. (14) Variances from These Standards. Variances from these standards may be allowed at the discretion of the director or designee provided that the proponent will substantially meet flow control and water quality goals established by or implicit in these standards. Compliance with ordinance requirements shall normally occur within the project area, but may be performed as offsite mitigation in certain situations. Examples of cases when variances may be approved includes, but are not limited to, the following: (A) That the special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography, or location, and that literal interpretation of these standards would deprive the property owner of rights commonly enjoyed by other properties similarly situated; or (B) That the site is being remodeled and certain site investigations would be destructive to existing structures; or (C) That remodels of existing projects which are either too small or so configured that in the director's or designee's opinion some requirements of the manual cannot practically be met; or (D) That public works or private sector projects are in an existing road right-of-way, which is not of adequate size to install preferred BMPs and for which right-of-way cannot be expanded because of encroaching structures or setbacks for existing structures. All requests for variances must be submitted in writing to the director or designee, and must clearly state the specific section(s) of the ordinance from which a variance is requested and why. (15) Experimental BMPs. Experimental best management practices are defined as BMPs, which have not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts. Some so-called experimental BMPs will likely be minor variations on an existing theme. In that case, Ecology would review and approve or disapprove the BMP in as timely a manner as possible. Where new designs are developed (examples of experimental BMPs may be found in Section 1-2.17.2 of the PSWQA Manual), the review will be extended through the use of a standing committee of technical experts. These persons will review and comment on the practice, and Ecology will then determine whether or not these BMPs should be approved and/or added to the manual. (A) Approval of Experimental BMPs. Approval to use an experimental BMP may be granted subject to initial approval by the Department of Ecology and the local government. If such experimental BMPs prove useful they may be incorporated into later editions of the manual following appraisal of the results and appropriate technical review conducted by Ecology in collaboration with local governments and other interested parties. Approval to use an experimental BMP will only be granted when a suitable contingency plan using approved BMPs has been provided by the applicant to be used in the event that the experimental BMP does not perform adequately. In addition, several experimental BMPs have been included in the 1992 manual. People may wish to use these BMPs on a trial basis, subject to approval by the local government and provision of a contingency plan. In any event, use of experimental BMPs is encouraged whenever applied research is being undertaken so that more information is made available to facilitate judgement on their applicability and possible adoption as an approved BMP. (Ord. 81-08 (part), 2008). ORDINANCE NUMBER An Ordinance ensuring water adequacy for development through amendments to Mason County Code Title 14 Buildings and Construction and Title 6 Sanitary Code and affirming Ordinance#04-18-18. An Ordinance of the Mason County Board of Commissioners adopting procedures for determining water adequacy for building permits relying on individual water sources and establishing a public hearing date within sixty(60)days of adoption, unless superseded prior to this date. Whereas, RCW 36.7oA.070(1), requires that the land use element of a county comprehensive plan "shall provide for protection of the quality and quantity of groundwater used for public water supplies"; and, Whereas, RCW 36.7oA.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the County, by: ... protecting critical areas—and surface water and groundwater resources"; and, Whereas, RCW 19.27.097(1) requires that applicants for building permits of buildings necessitating potable water provide evidence of an adequate water supply for the intended use of the building; and, Whereas, RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall not be approved unless the ... county legislative body makes written findings that... appropriate provisions are made for... potable water supplies..."- and, Whereas, Mason County Code (MCC) Title 14.04 specifies information required for a complete building permit application; and, Whereas, MCC Title 20.97 provides definitions of terms used in the code; and Whereas, MCC Titles 21.04 and 21.05 contain requirements for water supply in short subdivisions and long subdivisions, respectively; and, Whereas, MCC Title 6 contains requirements for potable water; and, Whereas, Title 173-501 WAC Instream Resources Protection Program - Kennedy Water Resource Inventory Area (WRIA) 14 identifies waterbodies in Mason County that are closed or partially closed to further appropriation, by listing their status as "closure," "partial year closure," "low flow," or"minimum flow,"; and, Whereas, RCW 36.70.790 and RCW 36.70.795 allow for adoption of interim official controls as long as a public hearing is held within sixty(60)days of adoption; and, Whereas, on January 18,2018,the Washington State Legislature adopted ESSB 6091, ensuring that water is available to support development and amending RCWs 19.27.097, 58.17.110, 90.03.247, and 90.03.290; adding a new section to chapter 36.7oA RCW; adding a new section to chapter 36.7o RCW; Ordinance No. adding a new chapter to Title go RCW; Whereas, ESSB 6o91 requires the Department of Ecology to work with the initiating governments and the planning unit in WRIA 14 to review existing watershed plans to identify the potential impacts of exempt well use, identify evidence-based conservation measures, and identify projects to improve watershed health. Until rules are adopted that specify otherwise, Section 202(5) of ESSB 6o91, which effectively reverses the Court's decision in Hirst, allows new domestic water uses in WRIA 14 that rely on groundwater withdrawals exempt from permitting under RCW 90.44.050, provided that applicants pay a fee of five hundred dollars to the permitting authority and limit their maximum annual average withdrawal of nine hundred fifty gallons per day, per connection, and record this limitation on the property title; and, Whereas, the amendments proposed by this ordinance are consistent with the aforementioned requirements of ESSB 6o91 and are therefore consistent with the GMA, as specifically addressed in Section 102 of ESSB 6og1; and, Whereas, ESSB 6og1 was signed by Governor Inslee on January 19, 2o18, and, pursuant to the emergency clause in Section 307 of Session Law, it became effective immediately as the Legislature declared that it was "necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing institutions ... "; and, Whereas, pursuant to Title 15 of the Mason County Code and RCWs 36.70.390 and 36.70.795, an emergency ordinance necessary for the immediate preservation of the public peace, health, or safety or support of the County government and its existing institutions was passed by the County Commission on February 1, 2o18(Ordinance 04-18)and is effective immediately; and, Whereas, it is necessary for Ordinance 04-18 to take effect immediately in order for property owners to be allowed to proceed with their development plans forthwith and thus obtain relief from the impacts of Hirst; and, Whereas, the County Commission held a public hearing on Ordinanceo4-18 on February 20, 2o18 and subsequently issued findings that Ordinance 04-18 meets state and local requirements and adopted Ordinance 12-18; Whereas, the County Commission scheduled an additional hearing on March 20, 2o18; NOW, THEREFORE, BE IT ORDAINED that the Mason County Commission adopts the above "WHEREAS"recitals as findings of fact in support of its action as required by RCW 36.7oA.390. BE IT FURTHER ORDAINED that Ordinance No. 8.117, Mason County Code Section 6.68 Water Adequacy only, is hereby repealed in its entirety and replaced upon the effective date of this ordinance(Attachment A)and Mason County Code Section 14.48.150 is amended (Attachment B). BE ITFURTHER ORDAINEDthatifasection,subsection,paragraph,sentence,clause,or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance, and if the provisions of this ordinance are found to be inconsistent with other provisions of the Mason County Code, this ordinance shall control. Mason County Code Section 6.68 Water Adequacy and 14.48 Stormwater Adopted: 3/20/18 Page 2 Ordinance No. DATED this 20th day of March 2oi8. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin,Chair Clerk of the Board APPR S TO FORM: Terri Drexler,Commissioner r — Z Tim Whitehead,Chief DPA Kevin Shutty,Commissioner Mason County Code Section 6.68 Water Adequacy and 14.48 Stormwater Adopted: 3/20/18 Page 3 Chapter 6.68— MASON COUNTY WATER ADEQUACY REGULATIONS Sections: 6.68.010- Purpose. 6.68.020-Scope of coverage. 6.68.030- Definitions. 6.68.040- Determination of adequacy for building permits. 6.68.050- Determination of adequacy for division of land. 6.68.060-Waiver of regulations. 6.68.070-Appeals. 6.68.010-Purpose. (a) The purpose of these rules is to define basic water adequacy in accordance with the Growth Management Act (RCW 36.70A) for new construction and to each lot in a proposed subdivision or a short subdivision prior to approval. (b) It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. 6.68.020-Scope of coverage. (a) The provisions of this chapter shall apply to all territories contained within the jurisdictional boundaries of the Mason County Department of Community Services. The provisions of these rules and regulations shall apply to all new residences, places of business, or other buildings or places where persons congregate, reside or are employed which requires potable water and to land segregation regulated under Title 16 of this code. (b) Any building necessitating potable water shall provide proof of potable water as delineated in this code and approved by the Community Services director or designee(s) prior to issuance of the permit. Exemptions to this code are listed as follows: (1) Buildings identified by the building official which do not require potable water facilities; (2) Improvements, replacement structures, or additions to buildings which already contain potable water and will not result in increased water usage; 6.68.030-Definitions. The definitions of terms in WAC 246-290, WAC 246-291, RCW 90.03, RCW 90.44, and Title 16 of this code are adopted and incorporated by reference. 03.13.18 Adopted 3/20/18 Attachment A Page 1 6.68.040- Determination of adequacy for building permits. (a) Group B or Two-Party Public Water Systems. (1) Prior to issuance of a building permit, the water system manager provides, in writing, verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. Verification in writing will be accomplished by signing a statement on an application form; and (2) Upon receipt of the application, the Group B public water system file is reviewed for the following: (A) Quality. (i) Public water sources must meet all the standards set forth by state regulation and be current on monitoring requirements. (ii) In areas of water quality concern, water quality may be required to be further evaluated for any or all of the following: A. Primary contaminates, B. Secondary contaminates, C. Volatile organic compounds (VOC), and/or D. Synthetic organic compounds (SOC). (B) Quantity. The minimum quantity of available water supply shall be eight hundred gallons per connection per day and a pumping rate of one gallon per minute per connection. (C) Compliance. (i) Water systems must be in compliance with state and local design and construction requirements and with on-going requirements set forth by state regulation. (ii) Source wells must be constructed according to the requirements set forth by WAC 173-160. Proper permitting and notification to state and local departments shall be adhered to. (iii) A water right permit or certificate of surface water right shall be obtained from the Washington State Department of Ecology where required by RCW 90.03 and 90.44. (b) Group A Public Water Systems. (1) Prior to issuance of a building permit, the water system manager provides, in writing, verification that the water system is able and willing to provide water to the new connection and that doing so will not exceed limits imposed upon the system by any state and local regulation. Verification in writing will be accomplished by signing a statement on an application form; and (2) Upon receipt of the application form, the Washington State Department of Health is consulted and the Washington State Department of Health determines that the water system is adequate. (c) Individual Sources. (1) Prior to issuance of the building permit, a copy of the water well report, a satisfactory bacteriological report, and a capacity test is attached to the application; and (2) Upon receipt of the application, documentation will be reviewed for the following: (A) Quality. (i) A satisfactory bacteriological analysis is required. (ii) In areas of water quality concern, the same requirements apply as described in subsection (a)(2)(A)(ii) of this section. 03.13.18 Adopted 3/20/18 Attachment A Page 2 (B) Quantity. The same requirements apply as described in subsection (a)(2)(B) with the exception that appropriate conservation in conjunction with adequate storage measures may be used to justify a daily volume of less than eight hundred gallons. (C) Compliance. The same requirements apply as described in section (d), subsections (a)(2)(C)(i) and (ii) and assurance that the water source will not interfere with existing water rights; (d) New connections including individual sources, Group A and Group B, Accessory Dwelling Units, and additional bedrooms, will comply with the following: (i)Any permit-exempt groundwater withdrawal associated with a water well constructed before January 19, 2018 is deemed to have evidence of adequate water supply under this section; (ii)An applicant whose building location is in Water Resource Inventory Area (WRIA) 14, 15, and 22 shall pay a fee of five hundred dollars to Mason County and record relevant water restrictions or limitations with the property title; (iii) Except as provided in (iv) of this subsection, an applicant whose building location is within WRIA 14 and 15 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of nine hundred fifty gallons per day per connection; (iv)An application whose building location is within WRIA 22 may obtain approval for a withdrawal exempt from permitting under RCW 9.44.050 for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection; (v) Upon the issuance of a drought emergency order under RCW 43.836.405, Ecology may curtail withdrawal of groundwater exempt from permitting under RCW 90.44.050 and approved under this subsection (C), (iii) to no more than three hundred fifty gallons per day per connection for indoor use only; (vi) Notwithstanding the limitation to no more than three hundred fifty gallons per day per connection for indoor use only, an applicant may use groundwater exempt from permitting to maintain a fire control buffer during a drought emergency order. (vii) Projects proposing to rely on well water have the opportunity to demonstrate that their proposed withdrawal is not hydraulically connected to closed or regulated surface waters, or that they can provide adequate mitigation to offset new consumptive use impacts. This requires site specific analysis that is typically conducted by a licensed hydro-geologist and is consistent with Mason County Stormwater Regulations (MCC 14.48). (3) A surface water source will be determined to be adequate or issuance of a building permit upon receipt of a copy of the certificate of surface water right and evidence of an appropriate disinfection method is attached to the application. 6.68.050- Determination of adequacy for division of land. (a) Group B or Two-Party Public Water Systems. 03.13.18 Adopted 3/20/18 Attachment A Page 3 (1) New Water System. (A) The water system is completely installed and meets all state and local regulations; or (B) Moneys, under the name of Mason County health services, totaling one hundred thirty-five percent of a bid obtained from an appropriate contractor for the entire cost of drilling the well, obtaining approvals, and installing the system, is placed either into an escrow account or a bond to secure completion of the work after the well site location is passed. (2) Existing Water System. The same requirements apply as described in subsection 6.68.040(a). (b) Group A Public Water System. The same requirements apply as described in subsection 6.68.040(b). (c) Individual Water Sources. (1) Individual water sources will be adequate for land division when the lots meet the sizing criteria in WAC 246-272-20501. The following disclaimer shall be placed on the face of the plat when potable water is not available for each parcel at the time of subdivision approval: "The lots, parcels or tracts contained within this land segregation have been created after establishing a potable water supply meeting all state and local regulations." (2) In areas where a water quantity or quality problem may exist, the following may be required: (A) Well logs of adjacent properties; (B) One or more well drilled; (C) Water study by a qualified hydrogeologist. 6.68.070-Appeals. Decisions of the Director of Community Services may be appealed to the Mason County Board of Health. Appeals must be made in writing within twenty working days of the decision which is being disputed. A hearing date shall be scheduled with the board for their next regular meeting. All appeals shall be sent to the board in writing via certified mail with return receipt requested. 03.13.18 Adopted 3/20/18 Attachment A Page 4 14.48.150- New development and redevelopment—Minimum requirements. Development of individual, detached, single-family residences and duplexes exceeding two thousand square feet of impermeable surfacing must have a small parcel erosion and sediment control plan, and a residential site improvement plan (which includes a written description of the proposed work and development) prepared and submitted for county review and approval. Nonresidential development exceeding five thousand square feet of impermeable surfacing and/or land disturbing activities of one acre or more must have the large parcel ESC plan (if required) and the permanent stormwater quality control (PSQC) plan (if required) prepared and stamped by a licensed civil engineer. All applicants shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques as defined in the most current version of the Stormwater Manual for Western Washington produced by Washington State Department of Ecology, or pursuant to stormwater management requirements adopted by Mason County, where more stringent. (1) New Development. (A) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with minimum requirements #1 through #11 in subsections (3) through (13) of this section. Compliance shall be demonstrated through the implementation of an approved stormwater site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate. (B) All new nonresidential development that includes the creation or addition of five thousand square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with minimum requirements#2 through #11 in subsections (4) through (13) of this section and the small parcel minimum requirements found in Section 14.48.140 above. This category of development shall also prepare a stormwater site plan that includes a small parcel erosion and sediment control plan. Compliance shall be demonstrated through the implementation of an approved stormwater site plan that includes a small parcel erosion and sediment control plan and a PSQC plan. (C) All new residential development and redevelopment (individual, detached, single family residences and duplexes) that includes the creation or addition of two thousand square feet, or greater of new impervious surface area, shall prepare a small parcel erosion and sediment control plan which complies with minimum requirements #1 through #5 in Sections 14.48.140(1) through 14.48.140(5), and shall prepare a residential site improvement plan which includes a written description of the proposed work and development. The small parcel erosion and sediment control plan along with the residential site improvement plan should show and describe how development impacts are proposed to be mitigated. Compliance shall be demonstrated through the implementation of approved erosion and sediment control plan, and a residential site improvement plan. (2) Redevelopment. (A) Where nonresidential redevelopment of greater than or equal to five thousand square feet occurs: The new development minimum requirements #1 through #11, subsections (3) through (13), shall apply to that portion of the site that is being redeveloped, and source Daw 3/7/18 Adopted 3/20/18 Attachment B Page 1 control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project. A stormwater site plan shall be prepared. (B) In addition to the above requirements, where one or more of the following conditions apply, a stormwater site plan shall also be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan (minimum requirement #9) may be used to develop redevelopment requirements that are tailored to a specific basin. (i) Existing sites greater than one acre in size with fifty percent or more impervious surface. (ii) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to water bodies: a. Listed in reports required under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses; b. Listed under Section 303(d) of the Clean Water Act as not expected to meet water quality standards or water quality goals; C. Listed in Washington State's Non-point Source Assessment required under Section 319(a) of the Clean Water Act that, without additional action to control non-point sources of pollution cannot reasonably be expected to attain or maintain water quality standards. (iii) Sites where the need for additional stormwater control measures has been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act planning. (3) Minimum Requirement #1: Erosion and Sediment Control. All new development and redevelopment that includes land disturbing activities of one acre or greater shall comply with erosion and sediment control requirements 1 through 14, below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of a large parcel erosion and sediment control plan. All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in Section 14.48.130, above. Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan. The following erosion and sediment control requirements shall be met: (A) Erosion and Sediment Control Requirement #1: Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no exposed and unworked soils shall remain unstabilized for more than two days. From May 1 to September 30, no exposed and unworked soils shall remain unstabilized for more than seven days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs. (B) Erosion and Sediment Control Requirement#2: Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees, and drainage courses. (C) Erosion and Sediment Control Requirement #3: Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from damage by sediment deposition. Daw 3/7/18 Adopted 3/20/18 Attachment B Page 2 (D) Erosion and Sediment Control Requirement #4: Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in erosion and sediment control requirement#1. (E) Erosion and Sediment Control Requirement #5: Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement#1. Supplemental Guidelines: Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, ground water conditions, and other applicable factors. Slopes which are found to be eroding excessively within two years of construction must be provided with additional slope stabilizing measures until the problem is corrected. (i) Roughened soil surfaces are preferred to smooth surfaces on slopes (see BMP E2.35 in Chapter II-5). (ii) Interceptors (see BMP E2.55 in Chapter II-5) should be constructed at the top of long steep slopes, which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length. (iii) Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, or pipe slope drain (see BMP E2.25 in Chapter II-5). (iv) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided (BMPs E2.30 and E2.75 in Chapter II-5). (F) Erosion and Sediment Control Requirement #6: Controlling Off-site Erosion. Properties and waterways downstream from development sites shall be protected from damage by erosion due to increases in the volume, velocity, or peak flow rate of stormwater runoff from the project site. (G) Erosion and Sediment Control Requirement #7: Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of the peak flow from a two-year, twenty-four hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems. (H) Erosion and Sediment Control Requirement #8: Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not be discharged offsite or be introduced into any fill area without first being filtered or otherwise treated to remove sediment. (1) Erosion and Sediment Control Requirement #9: Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria: (i) No more than five hundred feet of trench shall be opened at one time, unless provisions are made to protect against adverse stormwater impacts. (ii) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches. (iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond. Daw 3/7/18 Adopted 3/20/18 Attachment B Page 3 (J) Erosion and Sediment Control Requirement #10: Construction Access Routes. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized to minimize the tracking of sediment onto public roads. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface creating a hazard, the roads shall be cleaned immediately, and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. (K) Erosion and Sediment Control Requirement #11: Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within thirty days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. (L) Erosion and Sediment Control Requirement #12: Dewatering Construction Sites. Trench dewatering devices shall be discharged in a manner that will not adversely affect flowing streams, drainage systems, or offsite property. Water discharged from dewatering pumps shall be routed through a sediment pond or trap unless it is clear. (M) Erosion and Sediment Control Requirement #13: Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater. (N) Erosion and Sediment Control Requirement #14: Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed and in a timely manner to assure continued performance of there intended function. All maintenance and repair shall be conducted in accordance with an approved manual. (0) Erosion and Sediment Control Requirement #15: Financial Liability. Performance bonding, or other appropriate instruments, may be required to ensure compliance with the approved erosion and sediment control plan. (4) Minimum Requirement #2: Preservation of Natural Drainage Systems. Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location to the maximum extent practicable. (5) Minimum Requirement #3: Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. An adopted and implemented basin plan (minimum requirement#9) may be used to develop source control requirements that are tailored to a specific basin, however, in all circumstances, source control BMPs shall be required for all sites. (6) Minimum Requirement #4: Runoff Treatment BMPS. All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality storm, defined as the six month, twenty-four hour storm. The first priority for treatment of stormwater shall be to infiltrate as much as possible of the water quality design storm into the ground. (Infiltration BMPs practices shall be in accordance with Chapter III-3 of the PSWQA Manual) Pretreatment of stormwater prior to infiltration into the ground may be required in cases where: (A) The stormwater contains high concentrations of undesirable dissolved chemicals that can move through soil. (B) The stormwater contains large amounts of sediment that might clog the infiltrative surfaces in the basin. Daw 3/7/18 Adopted 3/20/18 Attachment B Page 4 (C) The soils are extremely pervious and will not properly filter the stormwater as in the case for some gravelly (type one) soils. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director. An adopted and implemented basin plan (minimum requirement #9) may be used to develop runoff treatment requirements that are tailored to a specific basin. The objectives of providing stormwater treatment BMPs are, for both surface and ground waters, to protect the quality and quantity, to allow attainment of the designated uses, and to meet state standards promulgated under Chapter 173 of the Washington Administrative Code. (7) Minimum Requirement#5: Streambank Erosion Control. The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the requirements in Minimum Requirement #4, Runoff Treatment BMPs: Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to fifty percent of the existing condition two-year, twenty-four hour design storm while maintaining the existing condition peak runoff rate for the ten-year, twenty-four hour and one hundred-year, twenty-four hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual. Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the director, and maintained according to the 1992 manual. An adopted and implemented basin plan (minimum requirement #9) may be used to develop streambank erosion control requirements that are tailored to a specific basin. (8) Minimum Requirement #6: Wetlands. Stormwater discharges to wetlands shall maintain the wetland's natural hydroperiod and flows to the extent needed to preserve or enhance its existing functions and values. Prior to proposing discharge of higher volumes of stormwater to a wetland, alternative discharge, detention, and infiltration practices located in areas outside the wetland shall be evaluated and employed by the project engineer where feasible and practicable. These requirements apply to existing natural wetlands and wetlands created as mitigation for loss of wetland acreage. Wetlands constructed and operated solely for use as stormwater treatment/storage areas are exempt from these and most other restrictions that apply to natural wetlands. Constructed wetlands may lose this exemption if not operated and maintained as stormwater areas for three or more years. Other local, state, or federal wetland protection requirements may also apply. (9) Minimum Requirement #7: Water Quality Sensitive Areas. Where the Mason County commissioners or their designee determine that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality. An adopted and implemented basin plan (minimum requirement#9) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin. (10) Minimum Requirement#8: Off-site Analysis and Mitigation. Downstream Analysis May Trigger Additional Requirements. The project engineer shall provide a detailed qualitative analysis of the flow path of the discharge from the project site to the receiving water. This requirement shall apply to all projects where a drainage and erosion Daw 3/7/18 Adopted 3/20/18 Attachment B Page 5 control plan is prepared, including those proposing retention facilities. This analysis shall include flow routing, and provide existing pipe and channel sizes and estimated capacities. In addition, the project engineer shall discuss any known or expected downstream erosion, flooding, or water quality problems, including those that may be caused by interflow from the proposed retention facility. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. In making this determination, the director or designee shall consider such factors as the relative size of the new development, availability of other hydrologic work for the drainage area, and the extent to which stormwater generated on the project site is to be infiltrated. Based upon this analysis, the project engineer may determine or the director or designee may require that a quantitative analysis of the conveyance system be performed both upstream and downstream of the project site. A quantitative analysis will not be required for most projects that propose to infiltrate most or all stormwater. This analysis shall determine conveyance system performance for the appropriate design event(s) both with and without the proposed development. The director or designee shall have the discretion to specify the distance and level of detail to be provided by the project engineer. The director or designee shall consider factors such as the relative size of the new development, availability of other hydrologic work for the drainage area, and the results of the qualitative analysis, in making this determination. The quantitative downstream analysis will include modeling the hydraulics of the proposed project and all other sources of runoff tributary to the receiving water body for the appropriate design event. The project engineer shall include an analysis of the impact of the twenty-four hour, one hundred-year event (in addition to "Design Event" analysis) for each component of the system including pond spillway. The director or designee may impose stricter discharge and/or detention standards if the discharge from the project, evaluated in the context of other existing conditions in the drainage area, is reasonably expected to result in any of the following: (A) Flooding; (B) Loss of aquatic habitat due either to high or low flows; (C) Property damage; (D) Water quality problems; (E) Erosion; (F) Or an unacceptable interruption of vital services. If the project engineer (or director or designee) determines that greater treatment, infiltration and/or storage volumes, lower release rates, or downstream improvements are needed, he/she shall specify project design criteria or other means to relieve the downstream problems (providing that such solution will not violate minimum standards established in the 1992 manual). Other means might include increases in downstream flow capacity and/or offsite detention and infiltration facilities, plans and financing for which will be subject to the approval of the director or designee. (11) Minimum Requirement #9: Basin Planning. Basin Plan Supersedes 1992 Manual. If a proposed project is located in a basin or sub basin for which the county has an adopted basin plan, stormwater requirements specifically identified in the basin plan shall take precedence over those provided in this chapter. However, all other elements detailed in this chapter shall continue to apply to such projects. Basin plans are required to be developed according to an approved manual. (12) Minimum Requirement #10: Operation and Maintenance. An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. An operation and Daw 3/7/18 Adopted 3/20/18 Attachment B Page 6 maintenance (O&M) Covenant will be required to cover all privately owned and maintained stormwater facilities approved by the director. O&M covenant forms are available at the Mason County public works office. A copy of the completed instrument, shall be recorded with the county auditors' office by the proponent, and a copy of the recorded instrument is required to be submitted to the public works department prior to final approval of the completed permanent stormwater facilities. (13) Minimum Requirement #11: Financial Liability. Performance bonding, or other appropriate instruments shall be required for all projects to ensure compliance with these standards. (14) Variances from These Standards. Variances from these standards may be allowed at the discretion of the director or designee provided that the proponent will substantially meet flow control and water quality goals established by or implicit in these standards. Compliance with ordinance requirements shall normally occur within the project area, but may be performed as offsite mitigation in certain situations. Examples of cases when variances may be approved includes, but are not limited to, the following: (A) That the special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography, or location, and that literal interpretation of these standards would deprive the property owner of rights commonly enjoyed by other properties similarly situated; or (B) That the site is being remodeled and certain site investigations would be destructive to existing structures; or (C) That remodels of existing projects which are either too small or so configured that in the director's or designee's opinion some requirements of the manual cannot practically be met; or (D) That public works or private sector projects are in an existing road right-of-way, which is not of adequate size to install preferred BMPs and for which right-of-way cannot be expanded because of encroaching structures or setbacks for existing structures. All requests for variances must be submitted in writing to the director or designee, and must clearly state the specific section(s) of the ordinance from which a variance is requested and why. (15) Experimental BMPs. Experimental best management practices are defined as BMPs, which have not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts. Some so-called experimental BMPs will likely be minor variations on an existing theme. In that case, Ecology would review and approve or disapprove the BMP in as timely a manner as possible. Where new designs are developed (examples of experimental BMPs may be found in Section 1-2.17.2 of the PSWQA Manual), the review will be extended through the use of a standing committee of technical experts. These persons will review and comment on the practice, and Ecology will then determine whether or not these BMPs should be approved and/or added to the manual. (A) Approval of Experimental BMPs. Approval to use an experimental BMP may be granted subject to initial approval by the Department of Ecology and the local government. If such experimental BMPs prove useful they may be incorporated into later editions of the manual following appraisal of the results and appropriate technical review conducted by Ecology in collaboration with local governments and other interested parties. Approval to use an experimental BMP will only be granted when a suitable contingency plan using approved BMPs has been provided by the applicant to be used in the event that the experimental BMP does not perform adequately. In addition, several experimental BMPs have been included in the 1992 manual. People may wish to use these BMPs on a trial basis, subject to approval by the local government and provision of a contingency plan. In any event, use of experimental BMPs Daw 3/7/18 Adopted 3/20/18 Attachment B Page 7 is encouraged whenever applied research is being undertaken so that more information is made available to facilitate judgement on their applicability and possible adoption as an approved BMP. (Ord. 81-08 (part), 2008). Daw 3/7/18 Adopted 3/20/18 Attachment B Page 8