HomeMy WebLinkAboutGreen Diamond Resource CompanyMemorandum of Understanding
This Memorandum of Understanding (MOU) is made and entered into by the City of
S helton (City), Mason County (County), the Green Diamond Resource Company (Green
Diamond) and Hunter Family, LLC (Hunter), collectively referred to hereinafter as "the
P arties."
WHEREAS, in June, 2006 the Mason County Economic Development Council accepted
the Final Draft of the Mason County Industrial Land Needs Analysis (Analysis), which
demonstrates that the County and City lack developable industrial -zoned lands and that
no industrial -zoned properties in the County exist that are larger than 10 acres; and
WHEREAS, the Analysis demonstrates that larger industrial sites of 50 and 100 acres
are necessary to accommodate a broader range of industrial development; and
WHEREAS, the County and City also lack vacant industrial sites served by both water
and sewer utilities; and
WHEREAS, the County and City desire to add additional industrial -zoned lands to the
S helton Urban Grown Area (UGA) for the reasons set forth in the Analysis; and
WHEREAS, Green Diamond and Hunter own lands west of the existing UGA and east
of the State Penitentiary and Mason County Solid Waste Facility, as depicted on Exhibit
A to this MOU, that appear to be suitable for the industrial development recommended
in the Analysis; and
WHEREAS, Green Diamond and Hunter understand that a decision whether and how to
expand the Shelton UGA will be made in compliance with the requirements of the
Growth Management Act (GMA) after the County and City Commissioners are fully
informed by environmental documents that will be prepared pursuant to the State
Environmental Policy Act (SEPA); and
WHEREAS, Green Diamond and Hunter recognize that they will benefit if their lands are
included within an expanded UGA, and therefore are willing to help defray the cost of
environmental review without knowing the outcome of that review or the decisions that
will be made in fight of that review;
N OW, THEREFORE, the County and City hereby agree:
S ECTION 1: The City shall submit an application to the County to enlarge the Shelton
U GA in a location and manner to be determined after completion of environmental
review under SEPA;
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SECTION 2: The City shall be the SEPA lead agency for this review, and shall prepare
a programmatic Environmental Impact Statement (EIS) to review the proposed
expansion and alternative locations and zoning designations;
SECTION 3: The area depicted in Exhibit A shall be the preferred alternative studied in
the EIS, and the City shall conduct scoping pursuant to WAC 197-11-408 to determine
the range of alternative sites and zoning designations to be studied in the EIS;
NOW, THEREFORE, IN ADDITION, all the Parties hereby agree:
SECTION 4: Each of the Parties shall share equally in the cost of SEPA review, which
shall not exceed $47,250 per Party, The City shall promptly forward to the other Parties
the invoices the City receives from its environmental consultants for SEPA review, and
the other parties shall each pay the City one -quarter of the invoiced amount within 30
days of receipt of the invoice by that Party. No party shall be required to pay more than
$47,250 unless such additional payment is mutually agreed upon by all Parties in an
amendment of this MOU The City shall notify all parties of any anticipated cost
overruns at least thirty (30) days prior to the City approving any cost overruns. If the
Parties fail to agree upon an amendment of this MOU to pay additional costs, or if any
Party fails to pay additional costs agreed upon by amendment of this MOU, this MOU
shall have no further effect. In such event, the Parties shall each be entitled to receive
the benefit of the work done to date by the City's environmental consultants and may
individually, or in combination with one another, engage such consultants to complete
the SEPA documents and present them to the City for its consideration. The City shall
provide for such a contingency in its contracts with its environmental consultants.
S ECTION 5: The City shall have sole discretion to select, retain, and direct the work of
its environmental consultants; however the City shall consult with and take into account
the opinions of the other Parties before selecting any consultants, and before making
final decisions about the scope of the EIS and the alternatives to be studied. Copies of
any findings or reports developed by the consultant shall be distributed to the Parties.
S ECTION 6: By August 1, 2014, the City shalt complete its SEPA review of the
proposed UGA expansion, including any administrative appeals, and shall submit an
application to the County to amend the County's Comprehensive plan and Development
Areas Map to enlarge the Shelton UGA and zone the land within the enlarged UGA for
industrial use in a manner that is consistent with the needs identified in the Analysis.
S ECTION 7: By June 30, 2014, Green Diamond shall submit an application to the
County to re -designate, pursuant to Policy RE-105 of the County Comprehensive Plan,
the Tong -term commercial forest land within the area depicted on Exhibit A. The County
shall be the SEPA lead agency for this proposal, and the County shall conduct its SEPA
review, including any administrative appeals, so that Green Diamond's proposed re -
designation shall be considered by the County Commissioners at the same time that the
Commissioner's consider the proposed UGAsexpansion.
S ECTION 8: The City shall serve as the administrator of this MOU.
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SECTION 9: This MOU may be amended by mutual agreement of the Parties. Such
amendments shall not be binding unless they are in writing and signed by the Parties.
SECTION 10: Any of the Parties may terminate participation in this MOU upon 30 days
prior written notification to the other parties.
SECTION 11: This MOU shall be in effect until December 31, 2015 or until completion
of the requirements of this MOU, whichever comes first.
AGREED TO THIS day of
agreement becomes effective:
City of Shelton Commission:
Mayor
7277-
, 2013, after which this
Commissioner
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Commissioner
BOARD OF COUNTY COMMISSIONERS
ATTEST MASON COUNTY, WASHINGTON
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Goudy, CI.
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of the BVard
APPROVED FO_F3WL:
Th
Tim Whitehead, Chief DPA
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Raq.d'y Neatherlin, Chair
otLi
Tim Sheldon, Commissioner
c
Terri Jeffre A„ o i missioner
Hunter Family Farms, LP
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i
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Green Diamond Resource Company
Vice President Land Management & Business Development
clas
Michael S. Pruett
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3
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EXHIBIT A
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Hunter and Green Diamond Properties
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Other Properties Included in Preferred Alternative Site
0
1,250
2,500
5,000
Feet
9-12-2013
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20N04W16
20N04W15
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Project Costs:
(All alternatives exclude the rationale supporting the re -designation of Tong -term commercial forest land, and the
designation of lands for long-term commercial forest)
ALTERNATIVE ONE: Programmatic EIS with limited City/County in-house contribution
Task One:
Task Two
Task Three:
Task Four:
Task Five:
Task Six:
N atural Resource Management Plan:
Stormwater Management Plan
Land Capacity analysis, CFP, Employee Market Study and market scan
Policy evaluation, land use & zoning recommendations
Programmatic EIS, including traffic analysis
Project expenses, PM costs
TOTAL:
(189,000 divided by four = $47,250)
ALTERNATIVE TWO: Programmatic EIS with more extensive City/County in-house contribution
Task One:
Task Two
Task Three:
Task Four:
Task Five:
Task Six:
•
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N atural Resource Management Plan:
Stormwater Management Plan
Land Capacity analysis, CFP, Employee Market Study and market scan
Policy evaluation, land use & zoning recommendations
Programmatic EIS, including traffic analysis
Project expenses, PM costs
TOTAL:
(174,000 divided by four = $43,500)
ALTERNATIVE THREE: Expanded SEPA Checklist with limited City/County in-house contribution
•
Task One:
Task Two
Task Three:
Task Four:
Task Five:
Task Six:
N atural Resource Management Plan:
Stormwater Management Plan
Land Capacity analysis, CFP, Employee Market Study and market scan
Policy evaluation, land use & zoning recommendations
Programmatic EIS, including traffic analysis
Project expenses, PM costs
TOTAL:
(159,000 divided by four = $39,750)
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$30,000
$ 20,000
$ 28,000
$11,000
$83,000
$171000
189,000
$30,000
$20,000
$20,000
$11,000
$78,000
$17,000
174,000
$30,000
$20,000
$28,000
$11,000
$53,000
$17,000
159,000
June 11, 2013 2