HomeMy WebLinkAbout2022/09/26 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
September 26, 2022
In the spirit of public information and inclusion, the attached is a draft of information for
Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion, and is not all inclusive of
what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version.
Last printed 09/21/22 at 1:23 PM
If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427 -9670 ext. 419
Our Commission meetings are live streamed at http://www.masonwebtv.com/ and we will accept public
comment via email msmith@masoncountywa.gov; or mail to Commissioners Office, 411 North 5th Street,
Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via
your telephone, please provide your telephone number to the Commissioners’ office no later than 4 p.m. the
Friday before the meeting.
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of September 26, 2022
Monday, September 26, 2022
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
9:45 A.M. Community Development – Kell Rowen
10:00 A.M. Support Services – Mark Neary
10:05 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
Commissioner Discussion – as needed
Thursday, September 29, 2022
Parks Tour
Times are subject to change, depending on the amount of business presented
9:00 A.M. Oakland Bay Park
9:30 A.M. Sunset Bluff Park
9:50 A.M. Jacoby (Shorecrest) Park
10:15 A.M. Latimer’s Landing
10:40 A.M. Philip’s Lake Park
11:15 A.M. Sandhill Park
12:00 P.M. Mason Lake Park
Mason County Community Services – Briefing
September 26, 2022
Briefing Items
→ Reappoint David Dally to the Historic Preservation Commission – Michael MacSems
→ Amendment to the HCRPIC contract with HCCC – Ian Tracy
→ Comment on Squaxin Island Tribe’s application for treatment as a State – David Windom
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Michael MacSems
Ext. 571
Department: Community Services
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 26, 2022
Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Reappoint David Dally for a new three-year term on the Mason County Historic Preservation Commission
Background/Executive Summary:
The Mason County Historic Preservation Commission (HPC) is a seven-member commission which serves
to identify and actively encourage the conservation of Mason County’s historic resources.
Currently the HPC has one position that expires November 30, 2022 and an open seat that will expire
November 30, 2023. The term expiring this year is currently occupied by David Dally who has reapplied
for a second term. The empty seat is open until filled. Mason County has received no other applications for
either open seat.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
News Release
Requested Action:
Approval to appoint David Dally for a second term on the Mason County Historic Preservation Commission
(HPC) that will expire November 30, 2025.
Attachments:
Application
HPC Membership Roster
2022 Mason County Historic Preservation Commission
Membership List
Jann Goodpaster – Vice Chair Nov 2024
Caleb Cowles Nov 2024
Bill Jensen Nov 2025
Steven Bass Nov 2025
David Dally Nov 2022
Edgar Huber – Chair, Professional Expertise Nov 2023
VACANT
Rhonda Foster – Ex-Officio Member
Kris Miller – Ex-Officio Member
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Ian Tracy
Ext. 544
Department: Public Health
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 26, 2022
Agenda Date: September 27, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Amendment 3 of the HCRPIC Phase 4 contract with the Hood Canal Coordinating Council (HCCC)
Background/Executive Summary:
Mason County Public Health is currently under contract with HCCC to conduct pollution investigation,
correction, and public outreach activities in the Hood Canal area with a focus on Annas Bay. The current
contract expires September 30, 2022. Funding remains in this contract that cannot be spent before the end
of the current contract. Amendment 3 will extend the expiration date to December 31, 2022 and increase
the maximum septic rebate amount from $350 to $500 per service.
Budget Impact (amount, funding source, budget amendment):
Extends availability of contracted funds.
Public Outreach (news release, community meeting, etc.):
None
Requested Action:
Approval of the Hood Canal Regional Pollution and Identification Correction (HCRPIC) Phase 4
Amendment No. 3 with the Hood Canal Coordinating Council (HCCC) to extend the end date from
September 30, 2022 to December 31, 2022 and increase the maximum rebate amount from $350 to $500
per rebate.
Attachments:
Agreement Amendment 3
Hood Canal Coordinating Council
Jefferson, Kitsap & Mason Counties; Port Gamble S'Klallam & Skokomish Tribes
17791 Fjord Drive NE, Suite 118, Poulsbo, WA 98370
HCCC & Mason County Public Health – Agreement Amendment 3 Page 1
PROFESSIONAL SERVICES CONTRACT
BETWEEN
THE HOOD CANAL COORDINATING COUNCIL
AND
MASON COUNTY PUBLIC HEALTH
PROFESSIONAL SERVICES CONTRACT
AGREEMENT AMENDMENT‐3
This Agreement Amendment is made and entered into between Mason County Public Health, an
independent consultant located at 411 North 5th Street, Shelton, WA 98584 (see Contract Exhibit B
Checklist for consultant's EIN and UBI numbers), hereinafter “Consultant”, and the Hood Canal
Coordinating Council, with its principal office located at 17791 Fjord Drive NE, Suite 118, Poulsbo, WA
98370, hereinafter “HCCC.”
In consideration of the mutual benefits and covenants contained herein, the parties agree that their
original Agreement (MC Contract #20‐026), dated March 17, 2020; Agreement Amendment No. 1, dated
September 21, 2020; and Agreement Amendment No. 2, dated November 29, 2021, for work performed
under Washington Department of Health, Hood Canal Regional Pollution and Identification Correction
(HCRPIC) Program Phase 4, shall be amended as follows according to Exhibit A ‐ Independent Consultant
Scope of Services,:
Summary of changes (see details underlined below):
‐ Extend end date from Sep 30, 2022 to Dec 31, 2022
‐ Task 3.2
o (c) Deliverable date changed from Sep 30, 2022, to Dec 31, 2022
o (5): Deliverable date to purchase field supplies changed from Sep 30, 2022, to Dec 31,
2022
‐ Task 3.3: Onsite Septic System Maintenance Rebates – Increase maximum rebate amount
from $350 to $500 per rebate
o 3.3(c): Deliverable date changed from Sep 30, 2022, to Dec 31, 2022
‐ Updated HCCC and Mason County contact information
EXHIBIT A
Independent Consultant Scope of Services
Hood Canal Regional Pollution Identification and Correction Program – Phase 4
Consultant: Mason County Public Health
Description of Services
Mason County Public Health (MCPH) will provide services to support the implementation of the Hood
Canal Regional Pollution Identification and Correction (HCRPIC) Program’s Phase 4, as described below.
HCCC & Mason County Public Health – Agreement Amendment 3 Page 2
This Agreement may require modification based on circumstances beyond the control of HCCC and
Mason County. PIC projects rely on field work (parcel surveys and investigations) to identify OSS failures.
The field work portion of this project is subject to the uncertainty of current and potential COVID‐19
constraints. HCCC will monitor the Governor’s COVID‐19 safety restrictions and orders for implications
on this Scope of Work and may need to amend or terminate this contract as directed by the Governor
and State Department of Health.
During the course of this project, coordinators will work closely with field partners and follow
Washington state guidance to determine how and when PIC field work can be safely conducted. The
Parties recognize that field work timelines will need to be extremely flexible due to potential public
safety limitations and available staff resources.
The following project information is excerpted from HCCC’s base agreement scope of work with WA
state Department of Health:
Contract number: CBO24134
Subrecipient Organization: Hood Canal Coordinating Council
Subrecipient Contact: Haley Harguth, Watershed Program Manager, hharguth@hccc.wa.gov,
360.328.4625; Scott Brewer, Executive Director, sbrewer@hccc.wa.gov, 360.531.0575
DUNS #: 620533930
CPAR Info (Statewide Vendor #, UBI, Federal Tax ID, etc.): 0011386‐00, 602‐080‐310, 91‐
2085994
DOH Contract Manager: Megan Schell megan.schell@doh.wa.gov 360.236.3307
Federally Approved Indirect Rate: 10% (de minimis)
Period of Performance: DOE –September 30, 2022 December 31, 2022
NOTE: EPA stretch goals are to spend awarded funds within 2 years
Project Description: This project funds pollution identification and correction activities to
protect and improve Hood Canal water quality to safeguard public and ecosystem health and
keep shellfish growing areas and recreational beaches open by preventing bacterial pollution
flowing into surface waters. The Hood Canal Regional Pollution Identification and Correction
Program brings together local health jurisdictions and tribal partners across the Hood Canal
region to coordinate water quality protection actions. This unique regional structure enables
cross‐jurisdictional sharing of resources and expertise to solve water quality challenges
threatening Hood Canal’s community and ecosystem health.
Not to exceed: $329,714
Near Term Action ID: 2018‐0639
OVERVIEW
The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core partners
will work collaboratively to implement prioritized Pollution Identification and Correction (PIC)
work throughout Hood Canal to help reduce bacterial contamination and increase harvestable
shellfish acres. HCRPIC core members include Jefferson, Kitsap, and Mason Counties, the Port
Gamble S’Klallam and Skokomish Tribes; other partners include the county conservation
districts, Hood Canal Salmon Enhancement Group, and WSU Extension.
HCCC & Mason County Public Health – Agreement Amendment 3 Page 3
There are eighteen shellfish growing areas in the Hood Canal Action Area. As of 2019, the Hood
Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres with conditional
approval, and about 3,144 acres of prohibited or restricted growing area. Washington State
Department of Health (DOH) has identified several emergency closure zones, threatened areas,
and areas of concern based on marine water quality data. There are close to 30,000 onsite
sewage systems (OSS) in the project area, many in close proximity to waterbodies and
approximately one third of the systems are over 30 years old. PIC programs have been essential
to maintain and improve water quality and will continue to be vital for the health of Hood Canal
and its communities.
The project will primarily address fecal pollution and associated pathogens. As fecal pollution
sources are corrected, less nutrients and organic materials, associated with human and animal
waste, will enter Hood Canal. That will result in less oxygen demand to break down algae
blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional
PIC Program implementation will identify and correct pathogen sources. The resulting water
quality improvements will help achieve the Puget Sound Partnership’s Vital Sign recovery target
to increase harvestable shellfish acreage.
Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the goal to
upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. In
the Phase 2 and 3 implementation phases, priority shoreline areas were determined by HCRPIC
members using current water quality monitoring information to identify the most important
shoreline areas to survey. The prioritization of shoreline areas will be updated annually as new
data emerges. Phase 3 ended in August 2019, collectively resulting in 66 shoreline miles
monitored, 380 site inspections completed, 55 OSS failures identified, with 28 OSS repairs
completed and the rest in progress. The incomplete OSS repairs will continue to be tracked in
Phase 4. Phase 4 builds off of previous implementation phases but with a reduced scope of work
due to funding limitations. HCRPIC Program ‐ Phase 4 components include: shoreline surveys in
priority Hood Canal shoreline areas, pollution hotspot investigation and correction, updated GIS
mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS property owners and
decision makers, OSS maintenance rebates, ambient stream water quality monitoring, and
regional inter‐jurisdictional coordination.
The Phase 4 work plan will be developed in consultation with DOH and will include:
Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big
Bend, Alderbrook, and Annas Bay, and
Other areas with urgent public health or emerging water quality concerns
HCCC & Mason County Public Health – Agreement Amendment 3 Page 4
GOALS & MEASURABLE OBJECTIVES
Description
(e.g., “shellfish beds reopened”)
Units
(e.g. “acres”)
Targets
(“number”)
Upgrade 50 acres from prohibited to approved in
Hoodsport area of Hood Canal 6
Acres 50
Reopen all closed parcels due to elevated bacteria in
drainages or due to failing onsite septic systems
Parcels 20
Number of hotspots identified in Mason County Hotspots Unknown
(will be
reported
quarterly)
Number of site inspections completed in Mason County Site Inspections 75
Number of OSS failures identified in Mason County OSS Failures 5
Number of OSS failures corrected in Mason County OSS Corrections 5
Area of shoreline surveys conducted in priority areas Miles 3
Number of ambient freshwater samples collected Samples 100
MASON COUNTY’S HCRPIC PHASE 4 TASKS
The following are the tasks, deliverables, and deadlines associated with this subaward. Task numbering
aligns with the task numbers in HCCC’s base grant with DOH.
TASK 3. Hood Canal Regional Pollution Identification and Correction
Program Phase 4 Implementation
3.1 HCRPIC Program Coordination:
This task includes: collaboration with program partners to establish shared protocols and work flows,
and the Phase 4 Workplan, preparation of invoices and progress reports for project coordinators,
coordination of County staff on work toward Phase 4 objectives, coordination with landowners within
the project area, upkeep and quality assurance of program data, data reporting, and contributions to
program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach
materials.
Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC
protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and
progress toward deliverables.
Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of
the following month. Communicate any concerns to HCRPIC Coordinator that progress is not on
track.
Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within
each payment period.
HCCC & Mason County Public Health – Agreement Amendment 3 Page 5
‐ Send invoices via e‐mail to HCCC accountant, Terry Fischer (tfischer@hccc.wa.gov)
‐ Send progress reports via email to Nate White (nwhite@hccc.wa.gov) Heidi Huber
(hhuber@hccc.wa.gov)
HCRPIC Ph. 4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase 4
Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring
and sanitary surveys, targeting areas of known pollution hotspots, or facing shellfish growing area
downgrades. The Phase 4 Workplan will be informed by data from the HCRPIC Program Phase 3 results
and GIS analysis, current water quality information gathered from county health jurisdictions and tribes,
and monitoring data and recommendations from Washington State Department of Health technical
staff. It will outline tasks to build upon supporting work conducted in Phase 3. The Phase 4 Workplan will
outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and
reporting, including the enforcement process and timeline, and protocol for communication of public
health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed.
Data Collection & Reporting: Submit field work data to project coordinators every quarter using the
HCRPIC Cumulative Data Report template. Data reported to the HCRPIC Program should include all PIC
field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding
sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions.
Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control
prior to it being submitted. Final Cumulative Data Reports will be submitted to project coordinators
after field work is completed to prepare for analysis, mapping, and EPA WQX data entry. All data
collected that is funded by this grant must be shared with state and federal agencies upon request.
HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make
collaborative decisions, and help guide HCRPIC Program’s direction. The Guidance Group provides
oversight, guidance, shared learning, and structure for consistent procedures across the PIC program.
Guidance Group meetings with project partners will be held quarterly or as needed to advance
collaborative work in the PIC project area. At Guidance Group meetings, partners will:
‐ Report on Ph 4 Workplan implementation, including current progress updates, success stories,
lessons learned, requests for advice and assistance, next steps, upcoming events, etc.
‐ Present hotspots for consideration of elimination following hotspot closure protocol described
in HCRPIC Guidance Document. This information will be included in the HCRPIC Ph. 4 final
report.
‐ Provide updates on sustainable funding efforts.
Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to develop and
implement a plan to enhance the HCRPIC Program’s efforts to reduce bacterial contamination in the
shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC partners will work with
program coordinators to develop a strategic plan, which addresses the key elements in the Pollution
Identification and Correction Program Draft Protocols Recommendations provided by the Departments
of Health and Ecology. The Guidance Group will determine objectives and scope of activities, which may
include hiring an outreach consultant to support the development of a sustainable funding outreach
campaign, outreach products, and presentations to decision‐makers on water quality protection,
program successes and sustainable funding. HCRPIC partners will provide updates of sustainable funding
efforts at Guidance Group meetings.
HCCC & Mason County Public Health – Agreement Amendment 3 Page 6
Training/Workshops: Assist project coordinators in preparing and leading HCRPIC Field Training
Workshop. The HCRPIC members will participate in a field training and data reporting workshop
addressing HCRPIC protocols and procedures. The workshop will be held in the first quarter after
contract agreements are in place. LHJ Project coordinator and at least one field staff participating in
HCRPIC Program field activities must attend the training.
Project partners may participate in DOH‐sponsored PIC workshops and other trainings/events (subject
to grant coordinator approval), as funds allow. Maximum of two events per sub‐recipient, or two people
may attend a single event.
3.2 Pollution Identification and Correction Fieldwork
The HCRPIC Program members will identify, investigate, and work to correct all pollution sources found
throughout the project period, utilizing a variety of tools, collaborative problem solving amongst the
HCRPIC Guidance Group, and regulatory backstopping, as needed, in order to achieve project objectives
outlined above.
HCRPIC Program partners will determine Phase 4 priority work areas, including:
‐ Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend,
Alderbrook, and Annas Bay‐Skokomish River valley, and
‐ Other areas with urgent public health or emerging water quality concerns
MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct parcel
surveys to identify sources of fecal coliform bacteria. They will provide technical assistance, work to
correct identified sources, and conduct post‐corrective follow‐up. MCPH will provide the regulatory
backstop of enforcement with the help of WA Departments of Ecology and Health as needed, depending
on the facility type.
Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority areas
identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols and approved
QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log (included in the
Cumulative Data Report).
Pollution hotspot investigation and correction: Within the priority areas identified in the HCRPIC Phase
4 Workplan, MCPH will conduct pollution source investigation and follow‐up of hotspots identified in
shoreline surveys and ambient stream monitoring, technical assistance, and enforcement with
regulatory backstopping according to the enforcement protocol developed by the HCRPIC Guidance
Group and documented in the Phase 4 Workplan. Procedures are outlined in the HCRPIC Program
Guidance Document and the QAAP.
Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon
Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4
Workplan, per QAPP procedures.
Task 3.2. activities will begin after the HCRPIC Phase 4 Workplan is finalized.
HCCC & Mason County Public Health – Agreement Amendment 3 Page 7
Water Quality Information Sharing: HCRPIC and DOH have built an information sharing process to
quickly and efficiently:
‐ Prioritize HCRPIC work areas
‐ Provide DOH with post‐corrective water quality data
‐ Respond to DOH early water quality warnings
All pollution identification data funded by the grant will be regularly shared with state or federal
agencies. All pollution hotspots identified by HCRPIC partners will be referred to DOH, and new pollution
hotspots identified by DOH will be referred to the local health jurisdictions. Updates on progress toward
pollution source identification and repairs will be regularly provided by local health jurisdiction staff, and
progress toward water quality upgrades by DOH and remaining information needs will be shared at
Guidance Group meetings, and as needed. Any identified agricultural pollution sources will be referred
to the local Conservation District.
Data Reporting:
‐ Field work data will be entered into the HCRPIC Cumulative Data Report template and
submitted to program coordinators quarterly. See further description of data collection and
reporting activities in task 3.1.
‐ Enter monitoring data into Kitsap Public Health’s online cloud‐based water quality database to
facilitate EPA WQX data entry annually, and at end of project.
‐ Final Cumulative Data Reports will be submitted to project coordinators after field work is
completed to prepare for analysis and mapping.
Purchase PIC Field Supplies:
Funds from HCCC’s Hood Canal Shellfish Initiative grant were awarded to Mason County to support PIC
work through the purchase of needed supplies. MCPH will purchase the following PIC sampling supplies
with these funds:
‐ 2x Telescoping sampling wands
‐ 2x refractometers
‐ 1x weighted bottle sampler
‐ 1x multi‐parameter water quality meter
3.3 Onsite Septic System Maintenance Rebates
Homeowner rebates for onsite septic system maintenance will be provided to priority parcels by local
health jurisdictions. These rebates were very successful in Phases 2 and 3 to incentivize homeowners to
properly operate and maintain their septic systems. In Phase 4, HCRPIC partners will offer rebate
vouchers up to $350 $500 per OSS, to reimburse costs for OSS inspections and pumping, and small
repairs.
Rebate notices will be distributed to targeted residences using a consistent format across jurisdictions.
The criteria for rebate recipients will be determined by the Guidance Group and approved by DOH. In
past phases, criteria were set to target homeowners who had not previously received a voucher, located
in priority areas, or had missing or overdue maintenance records. Data on rebate recipients and services
reimbursed will be tracked and analyzed to evaluate the effectiveness of the rebate program as a
behavior change tool and inform future phases.
HCCC & Mason County Public Health – Agreement Amendment 3 Page 8
Deliverables
Task Deliverable Description Due Date
3.1 Describe coordination activities in monthly progress
reports.
Report on workplan implementation progress at
quarterly Guidance Group meetings.
Ongoing, monthly
At quarterly Guidance Group
meetings
3.2 1) Describe PIC activities in monthly progress
reports
2) Report on workplan implementation progress
at quarterly Guidance Group meeting
3) Submit Cumulative Data Report to HCRPIC
coordinators
4) Enter monitoring data into Kitsap Public Health
District’s cloud database
1‐3 above will address the following project objectives:
a. At least 3 miles of priority shoreline in Hood
Canal Areas monitored per Phase 4 Workplan
b. Collect approximately 200 water samples
c. Conduct approximately 75 priority parcel
surveys
d. Report number of sites dye tested
e. Report number of failing septic systems
identified
f. Report number of failing septic systems
corrected
g. Number, location, and status of sites referred
to other agencies for technical and/or
corrective actions
5) Purchase PIC field supplies
1) Ongoing, monthly
2) At quarterly Guidance Group
meetings
3) Quarterly, one week prior to
Guidance Group meetings; and at
end of field work
4) Regularly, and at end of field
work
b.
Complete 10% by Apr 15, 2021;
Complete 30% by Jul 15, 2021;
Complete 60% by Jan 15, 2022
c. Sep 30, 2022 Dec 31, 2022
5) September 30, 2022 Dec 31,
2022
3.3 OSS Maintenance Rebates
a) Provide input on HCRPIC Phase IV rebate
process for DOH review and approval
b) Develop OSS rebate outreach materials using
HCRPIC template
c) Report number of rebates processed in monthly
progress reports and in final reporting
a) Oct 31, 2020
b) Dec 31, 2020
c) Ongoing, complete by Sep
30, 2022 Dec 31, 2022
HCCC & Mason County Public Health – Agreement Amendment 3 Page 9
Project Budget
HCRPIC Program Ph. 4 Budget – Mason County
Task 3.1: Program Coordination
Personnel
Finance Manager $60 per hour x 79 $4,740
Clerical $50 per hour x 40 $2,000
EH Manager $60 per hour x 31 $1,860
EH Specialist $60 per hour x 190 $11,400
Personnel Subtotal $20,000
Other Costs
Other (provide description) $0
Other Costs Subtotal $0
Indirect Costs 10% $2,000
Task 3.1 Subtotal $22,000
Task 3.2: PIC Fieldwork
Personnel
EH Specialist $60 per hour x 2120.62 $127,237
Personnel Subtotal $127,237
Other Costs
Lab Analysis 200 samples @ $29 $5,800
Postage Mailings $300
Materials Paper, dye packets, other supplies $300
PIC supplies
2x Telescoping sampling wands
2x refractometers
1x weighted bottle sampler
1x multi‐parameter water quality
meter
$6693
Other Costs Subtotal $13,093
Indirect Costs 10% $14,033
Task 3.2 Subtotal $154,363
Task 3.3: OSS Maintenance Rebates
Personnel
EH Specialist $60 per hour x 18.94 $1,136
Personnel Subtotal $1,136
Other Costs
OSS O&M Rebates $12,500
HCCC & Mason County Public Health – Agreement Amendment 3 Page 10
Other Costs Subtotal $12,500
Indirect Costs 10% $1,364
Task 3.3 Subtotal $15,000
Subtotals
Personnel Total $148,373
Other Costs Total Lab analysis, postage, materials, PIC
supplies, rebates, other $25,593
Travel Total (Describe if any) $0
Indirect Costs 10% $17,396
Grand Total $191,362
Compensation: The Consultant shall be compensated under this agreement in an amount not to
exceed: $$191,362. Submit monthly invoices to the Accountant by the 15th of the following month.
Expenses are payable with prior authorization from HCCC project manager, and contingent upon
satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the
final invoice, or any claims for payments not already made, no later than 30 days from the expiration or
termination of the agreement.
Progress Reporting: Consultant will submit progress reports each month by the 15th of the following
month to accompany invoices. A progress report template will be provided. Submit progress reports to
the project manager.
Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with invoice.
Mileage and travel costs will be reimbursed at current federal rates or allowances.
Contract Duration Date: The effective date is the date the contract is signed by the Executive Director
and ends September 30, 2022 December 31, 2022.
Consultant Checklist: Consultant previously completed and provided requested information on Exhibit
B.
Contract Representatives:
Scott Brewer, Executive Director
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370‐8430
360‐531‐0575
sbrewer@hccc.wa.gov
HCCC Project Managers:
Heidi Huber, Programs Development Specialist
Hood Canal Coordinating Council
HCCC & Mason County Public Health – Agreement Amendment 3 Page 11
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370‐8430
hhuber@hccc.wa.gov
360‐620‐3615
Haley Harguth, Watershed Program Manager
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370‐8430
hharguth@hccc.wa.gov
360‐328‐4625
Nate White, Watershed Project Coordinator
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370‐8430
nwhite@hccc.wa.gov
360‐900‐6442
Accountant:
Terry Fischer
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370‐8430
tfischer@hccc.wa.gov
360‐536‐1338
Consultant Representative(s):
David Windom, Director
Mason County Public Health
415 N. 6th Street
Shelton, WA 98584
dwindom@co.mason.wa.us
360‐427‐9670
Project Manager:
Alex Paysse, EH Manager
Mason County Public Health
415 N 6th Street
Shelton, WA 98584
alexp@co.mason.wa.us
360‐427‐9670, extension 279
Ian Tracy, EH Manager
Mason County Public Health
HCCC & Mason County Public Health – Agreement Amendment 3 Page 12
415 N 6th Street
Shelton, WA 98584
itracy@masoncountywa.gov
360‐427‐9670, extension 544
Except as expressly provided herein, all other terms and conditions of the original Agreement, and any
subsequent amendments, addenda or modifications thereto, remain in full force and effect.
This Amendment shall become effective as of September _______, 2022.*
*This agreement is made effective as of the date signed by HCCC’s Executive Director and will be noted
at the time of signature.
For Hood Canal Coordinating Council For Mason County Public Health
_________________________________ ________________________________
Scott Brewer, Executive Director Mason County Commissioner
Name:___________________________
Approved as to form:
_________________________________
Mason County Prosecuting Attorney
Date:_____________________________
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Dave Windom/Mark Neary
Ext. 260/530
Department: County Administrator
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 26, 2022
Agenda Date: September 27, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Mason County comments on Squaxin Island Tribe’s application for treatment as a State
Background/Executive Summary:
Mason County is submitting comments to the Environmental Protection Agency (EPA) regarding the
Squaxin Island Tribe’s application for treatment as a State for determining water quality. Comments are
due no later than September 30, 2022.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
None
Requested Action:
Approval to submit Mason County’s response to the Squaxin Island Tribe Treatments as a State
Application to the Environmental Protection Agency.
Attachments:
Response
MASON COUNTY’S RESPONSE TO SQUAXIN ISLAND TRIBE TREATMENT
AS A STATE APPLICATION
TAS APPLICATION – WQS and Water Quality Certification
SQUAXIN ISLAND TRIBE of the SQUAXIN ISLAND INDIAN RESERVATION
TREATMENT AS A STATE APPLICATION FOR WATER QUALITY STANDARDS AND
CERTIFICATIONS
UNDER THE CLEAN WATER ACT §§ 303(c) and 401 PROGRAMS
Introduction
The Mason County Board of Commissioners takes very seriously its duties and responsibilities as the
governing body for Mason County. There is probably no greater duty than the protection of private
property rights for all residents of Mason County. As a commission, we have serious concerns regarding
the language used in the SQUAXIN ISLAND TRIBE of the SQUAXIN ISLAND INDIAN RESERVATION
TREATMENT AS A STATE APPLICATION FOR WATER QUALITY STANDARDS AND CERTIFICATIONS. Reading
through the application leads the reader to a conclusion that, if enacted in its current form, property
rights could be greatly impacted, restricted, and perhaps curtailed for current and future development.
Concerns generally.
In an analysis of the Squaxin Island Tribe (SIT) request for Treatment As A State, Mason County finds
definitions to be vague and proposals overreaching the bounds of tribal reservation and trust lands.
Water quality is never comprehensively defined and could be interpreted in a wide variety of ways.
What exactly will the tribe be measuring in terms of water quality? Throughout the document, water
quality is paired with water quantity. While the two items have an interrelationship, they are treated
separately in statute and in negotiations with local stakeholders.
Further, it appears that the parameters of the document would allow, if not promote, off-reservation
regulation of non-tribal activities. As written, tribal or trust lands located in lower reaches of streams
would allow the authority of the tribe to exert authority in the upstream, non-tribal lands to include
permit and project review, an authority which belongs to Ecology and Mason County exclusively.
This application appears to be an end-run around Chapter 90.82 RCW, WATERSHED PLANNING. The
Tribe has twice participated in multi-year watershed planning efforts led by Ecology, only to veto those
plans in the end.
Public Notification
The Tribe has made no notification efforts to the general public besides a notification in The Olympian.
Mason County believes that all parcel owners that have parcels within the boundaries shown on Page 31
should have received official notice from the Tribe since regulatory efforts as outlined within the
application would have significant impacts on usage and development rights. We have seen no public
outreach from the Tribe.
Pg. 7
“The quality and quantity of waters within the exterior boundary of the Squaxin Island Reservation and
Trust Lands are critical to those cultural and economic interests.” Mason County has concerns that in the
future, additional lands can be added to trust lands in locations that spread the influence of tribal
regulation into basins not currently within tribal jurisdiction. Again, the addition of water quantity is
troubling.
Pg. 20
“Mason County (watershed planning). The Tribe and the County entered into a letter of intent that
memorialized their intent to develop a watershed restoration and enhancement plan for Water Resource
Inventory Area 14a and work toward executing a binding memorandum of agreement. The letter of
intent recognizes the government-to-government relationship that exists between them, commits to
engage in cooperative land use and watershed planning, to provide for a long-term, environmentally
sustainable water supply and human population growth, to protect and restore anadromous fish
resources, and to pursue mutually beneficial governmental environmental and economic development
interests and opportunities.” Mason County entered the MOU as an effort to resolve ongoing litigation.
Mason County continues to work through the provisions of the MOU with investments in greater data
collection and analysis.
The Tribe has twice been part of a watershed planning effort led by Ecology for both WRIA 14 and 15
over the past 15 years. In all instances, the Tribe vetoed a plan for watershed enhancement on the final
day of the watershed planning team meeting. It’s significant to note that the proposed plans had
adaptive management as integral plan requirements, which would have fostered cooperation and
adaptation as conditions changed within the watersheds. The Tribe was highly involved in the process
planning throughout the data gathering and plan development process. Still, the Tribe stated that they
preferred to retain their right to litigate rather than function as part of a collaboration to develop
streamflow improvements and water usage offsets.
Pg. 23
“The included maps also identify properties held in fee by the Tribe, notably, in 5.2.3 Skookum Valley.
Many of the fee parcels have been or are soon to be submitted to the federal government to be
designated trust lands. When, and if, trust status is granted, the Tribe will supplement this Application to
include those trust lands. For purposes of the Application, the identification of the Tribe’s fee properties
is for information purposes only.”
This statement points to a serious concern held by Mason County. Future trust land approvals in
downstream reaches act as an anchor to future regulation of upstream, up-basin lands held by non-
tribal entities. This concern holds true for all the parcels as outlined in the application from page 31 to
page 35.
Pg. 36
“There are no limitations or impediments to the Tribe’s authority or ability to effectuate the delegation
of authority from Congress as described in this application.” The County finds this statement extremely
broad and would request further clarification of its exact intent.
Pg. 38
“The surface waters over which the Tribe proposes to implement the WQS, and certification programs
are: Squaxin Island Marine waters to -18 MLLW Upper Kamilche Snodgrass Creek and all its tributaries,
unnamed freshwater courses, and wetlands Lower Kamilche Little Skookum Creek and all its tributaries,
unnamed freshwater courses, and wetlands Arcadia Point Unnamed freshwater courses.”
This page is extremely concerning to Mason County. The application asserts regulatory control over ALL
tributaries and watercourses regardless of whether those waterbodies are within the tribal reservation
or trust lands. The application outlines no means by which this would be investigated or enforced and
seems to be a blatant overlap with the regulatory authority already granted to the Department of
Ecology and Mason County. This is an unnecessary and gross overreach by the Tribe to assert dominance
and their authority over non-tribal lands.
Pg 40
Goals 3 and 4, outlined on pages 40 and 41 are the most troubling portions of the application.
Goal 3 lists “best available science” as the basis for annual and emergency regulatory development.
Who determines what exactly is the best available science? This has been an ongoing controversy
between the Tribe and other organizations for some time. There is no standard for “best available
science”, the term can be used to back any number of points of view.
Goal 4 adds “Coordinate and conduct environmental review of off reservation project permits and
proposals.” This is unacceptable to Mason County. The Tribe has no legal basis for review of projects
outside the boundaries of tribal lands with the exception of comments within SEPA and similar currently
well-established community development standards. For example, US states such as Washington have
no authority to regulate waters in Idaho that flow into Washington. It appears that this application is
attempting to set a new precedence for cross-jurisdictional regulatory efforts. As written, it appears to
be a vehicle to block development on private and public lands.
In 2021 Washington Governor Jay Inslee, a strident supporter of environmental issues, vetoed sections
of SB 5126 That would have allowed tribal oversight of off-reservation policies and projects. “³AN ACT
Relating to the Washington climate commitment act.´ Section 6 requires the development of an
improved consultation framework for state agencies to communicate and collaborate with tribes on
climate investments made under the act. I strongly support the need for this work, as there are multiple
new programs authorized under this act that require the state and tribes to work together. However, this
section also requires tribes to provide their consent for climate projects funded by the Climate
Commitment Act that might impact tribal interests, which differs from our current government-to-
government approach, and does not properly recognize the mutual, sovereign relationship between
tribal governments and the state.” Governor Inslee clearly saw the confusing and unneeded overlap
between the tribal and state governments. This application suffers from the same errors as seen in the
original version of SB 5126 and seems to be a work-around to claim authority for projects and permits
off reservation.
It is also important to note that Mason County has taken unprecedented steps in improving water
quality by enacting a water quality protection district that encompasses all streams that flow into Puget
Sound and the Hood Canal watershed. This program is supported by fees on each of the parcels within
the district to ensure water quality programs have long-term financial support. The Tribe has a seat on
the board of the district.
Mason County and the State of Washington are highly dedicated to water quality efforts.
Goal 4 states “Document aquatic and riparian habitat conditions and track resource trends throughout
the Tribe’s ceded areas.” “Ceded Areas” refers to nearly all lands within Mason County and into
neighboring counties as well and exceeds the scope of water quality TAS which specifically references
tribal reservation and trust lands and should not be included in the application.
Goal 4 also states “Work cooperatively with State, Federal, County, City and private agencies and
individuals to ensure the protection of treaty rights and Tribal resources.” The Tribe has shown time and
again that it prefers to litigate. Meetings are often introduced with statements about the Tribes’ ability
and willingness to litigate. This attitude is further made clear with the following bullet point within Goal
4 which states “Pursue legal strategies for assure protection of Tribal rights and resources.”
Conclusion
Mason County sees this application as an overreach and largely undefined mechanism to assert control
on lands beyond the current reservation and trust lands. This application, if granted, would create an
overlap of control between the Tribe, Mason County, and the State of Washington which would lead to
more litigation rather than more cooperation. There are currently laws, regulations, and mechanisms in
place to protect the waters of the State of Washington. Mason County has no objection to the Tribe
monitoring water quality within the boundaries of the current tribal reservation and trust lands but that
authority cannot extend beyond those boundaries.
In the event that the Environmental Protection Agency approves the application by the Squaxin Island
Tribe, Mason County respectfully requests that the Environmental Protection Agency include provisions
in any approval that require the Tribe to address the concerns noted above.
Mason County Administrator
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
September 26, 2022
Specific Items for Review
→Temporary promotion of Brad McQuade to ASU Coordinator – Mary Ransier
→Park Host needed for Oakland Bay Park News Release – John Taylor
Commissioner Discussion
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mary Ransier
Ext. 422
Department: Human Resources
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 26, 2022
Agenda Date: September 27, 2022
Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☒ Risk ☐ Information Technology
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Temporary promotion of Corrections Support Officer Brad McQuade to Alternative Sentencing Unit
Coordinator until December 15, 2022
Background/Executive Summary:
Currently the Corrections Office is experiencing a staffing crisis and do not have the capability for
deputies to continue coordinating the Alternative Sentencing Unit (ASU). In order to keep the program
operational and ensure deputies are engaged in higher need areas, there is a need to temporarily promote
Corrections Support Officer (CSO) Brad McQuade to ASU Coordinator in accordance with Section 14.3
of the current Collective Bargaining Agreement (CBA). Due to Officer McQuade’s experience and
coverage of additional duties, compensation is recommended at Step 2 of the Corrections Deputy Range
beginning August 8, 2022 when duties began and be in effect until December 15, 2022.
Budget Impact (amount, funding source, budget amendment):
Currently funded position (salary savings)
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval to temporarily promote Corrections Support Officer (CSO) Brad McQuade to Alternative
Sentencing Unit (ASU) Coordinator from August 8, 2022 through December 15, 2022 at Corrections
Deputy Range Step 2.
Attachments:
MOU
Memorandum of Understanding
Between
Mason County Sheriff’s Office
And
Woodworkers Local Lodge W38 I.A.M.
Corrections/Support Staff
Temporary Essential Work Promotion
The Union, (International Association of Machinist and Aerospace Workers) and the Sheriff’s Office,
(Mason County Sheriff’s Office), agree to Temporary Promotion of Brad McQuade.
Whereas; Brad McQuade, temporarily be promoted to the Alternative Sentencing Unit (ASU)
Coordinator.
Whereas; Brad is currently in Alternative Sentencing and has trained past ASU Coordinators and being
exigent circumstances, the Union and the Sheriff’s Office feel this is a good alternative to temporarily
help keep Corrections Deputy’s in much needed areas and keep the ASU program in operation.
Compensation,
Whereas; The Union and the Sheriff’s Office agree that Brad McQuade has extensive knowledge of the
Alternative Sentencing Program, years of service, and the duties of supervising others in the (ASU)
program. We came to an agreement that a fair compensation would be a Step 2 Correction Deputy
starting August 8, 2022 to cover the additional responsibilities and recognition of experience.
Whereas; the Union and the Sheriff’s Office agree to revisit this Temporary Promotion no later than
December 16th, 2022 and at such time reevaluate any additional needed extensions not to exceed more
than three months between evaluation.
Whereas; the Union and the Sheriff’s Office agree that this MOU applies only to the Mason County Jail
Alternative Sentencing Supervisor Position.
Whereas; the Union and the Sheriff’s Office agree that this will be a non-precedence setting event and is
only being done due to the staffing crisis the Mason County Jail is currently facing.
Date September 7, 2022
For the Union For the County
Business Rep. Commissioner.
Larry A. Bickett Kevin Shutty
_____________________ _____________________
NEWS RELEASE
September 27, 2022
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Park Host needed for Mason County Oakland Bay Park
Mason County Parks Department is recruiting an on-site Park Host/Caretaker for Oakland
Bay Park. The successful candidate must provide their own RV and the County provides
water, power, and septic at no charge. Caretakers are responsible for opening and closing
the park, site security, customer service, cleaning restrooms, and light maintenance duties
in return for utilities. There is no salary of pay associated with this opportunity.
Mason County Parks and Trails is looking for a person(s) who are willing to work evenings,
weekends, and holidays, can physically make rounds of the park and have good
communication and customer service skills including the ability to remain calm and
friendly when confronted with problems.
Oakland Bay Park is located in Shelton in the 1500 block of East Agate Road. The park
has 81 acres with several walking nature trails, a historic house, and restrooms. This park
is under Capital Land Trust and is a conservation area. Caretake rs need to be present in
the evenings Monday-Friday and all day on weekends year-round.
Please apply by completing a Park Host Application located on the Mason County web
page at https://masoncountywa.gov/forms/parks/park_host_application.pdf or contact
Anne White at (360) 427-9670 ext. 535 with any questions.
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty,
Chair
______________________
Sharon Trask,
Commissioner
______________________
Randy Neatherlin,
Commissioner
Action Items:
→ Washington State Department of Natural Resources contract
Discussion Items:
→ Proposal to grant easement across U&W Union Station
→ Port of Grapeview – Potential pedestrian improvements with county parking lot
→ Draft Stormwater letter to Ecology
→ Annual & 6-Year added project item #’s 1-3 (these projects are on the current programs and may
not be completed by the end of 2022). Updated Drafts have been available on the web
Commissioner Follow-Up Items:
Upcoming Calendar/Action Items:
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
SEPTEMBER 26, 2022
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Loretta Swanson
Ext. 450
Department: Public Works
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 26, 2022
Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Execute Easement Agreement with Washington State Department of Natural Resources
Background/Executive Summary:
The Washington State Department of Natural Resources (DNR) is conducting a timber harvest on lands
surrounding the North Bay Water Reclamation Facility. DNR requests access across County-owned tax
parcel no. 12219-33-00000. The requested access will not interfere with North Bay facility operations or
any anticipated future improvement plans. Staff recommends approval.
DNR will compensate Mason County in the amount of $3,100 for the easement.
Budget Impact (amount, funding source, budget amendment):
$3,100
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the County Administrator to execute the Execute Easement Agreement with Washington
State Department of Natural Resources.
Attachments:
Agreement
Vicinity Map
1 of 9 Agreement No. 55-103875
When recorded return to:
Department of Natural Resources
South Puget Sound Region
Attn: Rights-of-Way Manager
950 Farman Avenue North
Enumclaw, WA 98022
Grantor: MASON COUNTY
Grantee: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES
Legal Description: Portions of the SW1/4 SW1/4 of Section 19, T ownship 22 North, Range 01 West , Mason County,
W.M.
Assessor’s Property Tax Parcel or Account Number: 12219-33-00000
DNR Easement No.: 55-103875
EASEMENT
THIS AGREEMENT, made and entered into this day of , 20 ,
by and between MASON COUNTY, a political subdivision of the State of Washington, herein
called "Grantor," and STATE OF WASHINGTON, acting by and through the Department of
Natural Resources, herein called "State," WITNESSETH:
Conveyance . Grantor, for and in consideration of THREE THOUSAND, ONE HUNDRED
and NO/ Dollars ($3,100.00), hereby grants, conveys, and warrants to State, its successors and
assigns, a perma nent Easement over a parcel of land in Mason County legally described as set
forth in Exhibit "A" (hereafter Burdened Parcel) said Easement to be sixty (60) feet in width
running thirty (30) feet on each side of a centerline of a road located approximately as shown on
Exhibit "B" (hereafter Eas ement Area).
Purpose . The Easement is conveyed to provide ingress and egress to and from lands owned by
State for the purpose of hauling forest products and/or other profits including but not limited to
sand, gravel, stone or farm products , leasing the property and performing management activities
associated with timber production, agriculture or the extraction of profits, and leasing the
2 of 9 Agreement No. 55-103875
property for all purposes including communications sites. No public access is allowed.
Appurtenant. This Easement shall be deemed appurtenant to the real property now owned by
State located in Mason County, legally described as set forth in Exhibit “C” attached hereto and
such real property hereafter acquired by the State (hereafter Benefited Parcels).
Reservations . Grantor reserves the right at all times for any purpose, to cross and recross the
Easement Area at any place on grade or otherwise. Grantor may grant to third parties any or all
of the rights reserved therein; provided that use by such party shall be subject to the terms and
conditions of this Easement and shall not unreasonably interfere with the rights granted to State
herein. Grantor reserves all timber now on or hereafter growing within the rights of way on said
lands and the right to remove said timber via the right of way herein granted.
Relocation. State shall have the right to relocate the Easement at State's sole cost so long as
the new location does not unreasonably interfere with the reserved rights of the Grantor herein.
Maintenance . The cost of road maintenance and resurfacing shall be allocated on the basis of
respective uses of said roads. When any party uses a road, that party shall perform or cause to
be performed, or contribute or cause to be contributed, that share of maintenance and
resurfacing occasioned by such use as hereinafter provided. During periods when a road is
being used solely by one party, such party shall maintain that portion of said road so used to the
standards existing at the time use is commenced.
a. The appointment of a maintainer, which may be one of the parties hereto or any
third party, who will perform or cause to be performed at a reasonable and
agreed upon rate the maintenance and resurfacing of the road or the portion
thereof being used; and
b. A method of payment by which each party using said road or a portion thereof,
shall pay its pro rata share of the cost incurred by said maintainer in maintaining
or resurfacing said road or portion thereof.
For purposes of this agreement, maintenance is defined as the work normally necessary to
preserve and keep the roadway, road structure and road facilities as nearly as possible in their
present condition or as hereafter improved.
Repairs . Each party using any portion of a road shall repair, or cause to be r epaired, at its sole
cost and expense, that damage to said road occasioned by it which is in excess of that which it
would cause through normal and prudent usage. Should damage be caused by an unauthorized
user, the cost of repair shall be treated as ordinary maintenance and handled as set forth above.
3 of 9 Agreement No. 55-103875
Improvements . Unless the parties agree in writing to share the cost of improvements in
advance of such improvements being made, such improvements shall be solely for the account of
the improver.
Permittees . State may permit its respective agents, contractors, licensees, lessees, purchasers
of timber or other valuable materials, and their agents, hereinafter individually referred to as
“Permittee” and collectively referred to as “Permittees,” to exercis e the rights granted to it
herein. Provided, that when State or one of its Permittees plans to use any portion of said road(s)
for the purpose of hauling timber or other valuable materials, such party shall notify Grantor at
least fifteen (15) days prior to the commencement of use of said rights, advising of the portion of
road to be used, the approximate dates when such use will begin and end, and of the
approximate volumes of forest products or valuable materials to be hauled and upon the
completion of such use notify Grantor.
Insurance . The State of Washington, including all its agencies and departments, is self insured
for all exposures to tort liability, general liability, property damage liability and vehicle liability, as
provided in statute, but only as respects the negligence of State.
Indemnity. State shall defend, indemnify and hold harmless the Grantor from all claims that
arise out of the negligence of State or its Permittee in their use of the easement. A "claim" as
used in this section mea ns any financial loss, claim, suit, action, damage, or expense, including but
not limited to attorneys' fees, attributable to bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the resulting loss of use. Notwithstanding the
foregoing, State's obligation to defend, indemnify, and hold harmless the Grantor from any
judgment, decree or arbitration award shall extend only to the percentage of negligence of State
and its Permittee in contribution to such claim. State waives its immunity under Title 51 RCW
only to the extent it is required to indemnify, defend and hold harmless Grantor. This
indemnification shall survive the expiration or termination of the easement.
4 of 9 Agreement No. 55-103875
Approved as to Form this
_________________________.
By:_______________________
_________________________
_________________________
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate to
become effective as of the day and year first above written.
MASON COUNTY
Dated: , 20 .
Mark Neary
County Administrator
411 N 5th St.
Shelton, WA 98584
(360) 427-9670 Ext 419
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 .
Duane Emmons
Acting Deputy Supervisor for State Uplands
P.O. Box 7000
1111 Washington Street SE
Olympia, WA 98504-7000
(360) 902-1600
Approved as to Form this
11th day of March, 2008.
By: Roger Braden
Assistant Attorney General
State of Washington
5 of 9 Agreement No. 55-103875
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of _______________
I certify that I know or have satisfactory evidence that Mark Neary is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the County Administrator of
Mason County to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at .
My appointment expires .
6 of 9 Agreement No. 55-103875
STATE ACKNOWLEDGMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that Duane Emmons is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Acting Deputy
Supervisor for State Uplands of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated:_________________________
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at .
My appointment expires .
7 of 9 Agreement No. 55-103875
EXHIBIT A
BURDENED PARCEL
Grantor Land
Portions of the SW1/4 SW1/4 of Section 19, Township 22 North, Range 01 West, Mason
County, W.M.
8 of 9 Agreement No. 55-103875
EXHIBIT B
EASEMENT AREA
9 of 9 Agreement No. 55-103875
EXHIBIT C
BENEFITED PARCELS
State Land
Portions of Section 25, Township 22 North, Range 02 West and Section 30, Township 22 North,
Range 01 West, Mason County, W.M.
North Bay Reclamation Facility - tp122193300000
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
County Boundary
No Filled
Tax Parcels (Zoom in to 1:30,000)
8/4/2022, 9:24:08 AM
0 0.2 0.40.1 mi
0 0.3 0.60.15 km
1:12,249
Maxar |
Mason County WA GIS Web Map Application