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Home My WebLink About4302 Resolution - WSDFW Mitigation Agreement - PWRF PH 2 RESOLUTION NO. 4302 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE 1NTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WASTEWATER REUSE FACILITY EXPANSION WITH FRANKLIN COUNTY AND THE WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE. WHEREAS,Franklin County is the lead agency for the Pasco Wastewater Reuse Facility (PWRF) Pretreatment Improvements Phase 2 project located in Franklin County; and WHEREAS, the Washington State Department of Fish and Wildlife (Fish and Wildlife) serves as Washington's principal agency on species protection and conservation(RCW Title 77); and WHEREAS, the expansion of the PWRF (Parcels Nos. 124710054, 113090058, and 113090085) will permanently impact 90 acres identified as a Fish and Wildlife Habitat Conservation Area and priority shrubsteppe habitat; and WHEREAS, Franklin County Code (FCC) 18.08.070 (43)(E) provides a sequential order of mitigation preferences (avoid, minimize, rectify, and compensate) and FCC 18.08.550 (E)(4) requires compensation for impacts by replacing, enhancing or providing substitute resources; and WHEREAS,the City agrees to proactively mitigate all impacts that degrade the functions and values of Fish and Wildlife Habitat Conservation Areas; and WHEREAS, the Parties have mutually developed an acceptable Mitigation Agreement as an outcome of the National Environmental Policy Act (NEPA)biological consultation conducted prior to State Environmental Policy Act(SEPA)review of the project; and WHEREAS, performance of the terms of the Agreement will provide full mitigation for these impacts. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is hereby authorized to execute the attached Mitigation Agreement for the PWRF Pretreatment Improvements Phase 2 project, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved that the Interim City Manager is hereby authorized to make minor, substantive edits to the Mitigation Agreement as needed by all parties. Resolution—WSDFW Shrubsteppe Impact Mitigation Agreement-Page 1 Be It Further Resolved that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco,Washington,on this 17�'day of January, 2023. -- --- Blanc ara� Mayor ATTEST: APPROVED AS TO FORM: �� r ' Debra Barham, CMC Kerr Ferg aw, PLLC City Clerk City rneys Resolution—WSDFW Shrubsteppe Impact Mitigation Agreement-Page 2 �XHll�l l� A AGREEMENT FOR SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WASTEWATER REUSE FACILITY EXPANSION, PASCO, FRANKLIN COUNTY THIS AGREEMENT, made and entered into this day of , 20_, by and between the Franklin County Planning Department, having offices at 502 West Boeing Street,Pasco,WA 99301,hereinafter referred to as"COUNTY,"the City of Pasco,having offices at 525 North 3`d Avenue, Pasco, WA 99301, hereinafter referred to as "CITY," and the Washington Department of Fish and Wildlife, having offices at 2620 North Commercial Avenue, Pasco, WA 99301, and hereinafter referred to as "FISH AND WILDLIFE,"jointly referred to as "PARTIES." BACKGROUND The CITY is the lead agency for the Pasco Wastewater Reuse Facility Expansion (PWRF) located in Franklin County. The PARTIES have mutually developed an acceptable Mitigation Agreement prior to SEPA or a critical areas report. Performance of the terms of the Agreement will provide full mitigation for these impacts. The initial PWRF expansion encompasses parcels 124710Q54, 113090058,and 113090085 (Attachement 1) and will include additional parcels as needed by the PWRF. The COUNTY has authority to issue building pertnits for development within the county,including at the PWRF, and to enforce its Critial Areas Ordinance for future such development. The PWRF will permanently convert lands designated by the COUNTY as a Fish and Wildlife Habitat Conservation Area and designated by FISH AND WILDLIFE as priority shrubsteppe habitat. (Attachment 1,MAP). The PARTIES have agreed that the PWRF on the above-three mentioned parcels will result in the loss of 90 acres of shrubsteppe habitat. The PARTIES have agreed that mitigation for expansion beyond the initial three parcels are also covered in this Agreement and that the per acre value will increase as shown in Table 1. The PARTIES have agreed on a 2:1 mitigation ratio for the loss of shrubsteppe habitat, resulting in a 180 acre mitigation obligation. The PARTIES have agreed on a 2:1 mitigation ratio for the loss of shrubsteppe habitat in parcels beyond the initial three parcels. COLTNTY, CITY, and FISH AND WILDLIFE agree that an in lieu monetary payment to a third party at the time that the affecting development is approved provides acceptable mitigation. Agreement- Shrubsteppe Impact Mitigation for PWRF- 1 RELATIONSHIPS OF PARTIES The PARTIES intend that the relationship created by the Agreement will be structured to provide a one-time lump-sum payment of$180,000 or five annual payments totalling $198,972 based on per acre value in Table 1 for compensatory mitigation for the initial expansion and also be used for additional expansion. The COiJNTY and CITY are interested in proactively satisfying the compensatory mitigation for permanent impacts to a Fish and Wildlife Conservation Area in the C�iJNTY's Critical Areas Ordinance. FISH AND WILDLIFE is interested in the conservation and management of native habitats and wildlife species. STATEMENTS OF FACT WHEREAS, the development of the PWRF (Parcels 124710054, 113090058, and 113090085) will permanently impact 90 acres indentified as a Fish and Wildlife Habitat Conservation Area and priority shrubsteppe habit; and WHEREAS, Franklin County Code (FCC) 18.08.070 (43)(E)provides a sequential order of mitigation preferences (avoid, minimize, rectify, and compensate) and FCC 18.08.550 (E}(4) requires compensation for impacts by replacing, enhancing or providing substitute resources; and WHEREAS,the CITY agrees to proactively mitigate all impacts that degrade the functions and values of Fish and Wildlife Habitat Conservation Areas prior to a critical area study,mitigation plan, and SEPA requirements; and WHEREAS, FISH AND WILDLIFE serves as Washington's principal agency on species protection and conservation (RCW Title 77). AGREED MITIGATION NOW, THEREFORE, for and in consideration set for herein, the PARTIES hereby mutually agree as follows: � 1. FISH AND WILDLIFE agrees that that the requirements of this Agreement will provide adequate mitigation for permanent impacts to shrubsteppe habitat, located in Franklin County,parcels 124710054, 113090058, and 113090085, as well as any other parcel that supports shrubsteppe habitat that the PWRF inay expand into. 2. The PARTIES agree that the in lieu monetary payment consistent with the terms of this Agreement, designated "SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WATER REUSE FACILITY," shall be made to the Franklin County Conservation District and will occur in a single lump sum payrnent of$180,000,or in five annual payments totaling$198,972 based on the per acre value in Table 1 and will be enforced by Franklin County. The payments shall be designated as "SHRUBSTEPPE IMPACT MITIGATION FOR THE PASCO WATER REUSE FACILITY." Agreement- Shrubsteppe Impact Mitigation for PWRF-2 3. The PARTIES agree to an initial per acre mitigation value of$1,000.00 that will increase 5%per year as shown in the following Table 1: Table 1. Year Cost/Acre of Miti ation 2022 1,000 2U23 1,050 2024 1,103 2025 1,158 2026 1,216 2027 1,276 Etc. Etc. 4. The PARTIES agree that this Agreement is for a period of 10 years in which all mitigation obligations for the initial expansion need to be completed in the first 5 years. 5. The PARTIES agree that the Franklin County Conservation District will serve as the repository of the mitigation funds, and through separate agreement with FISH AND WILDLIFE, will work with Franklin County Conservation District and others to conserve and restore native shrubsteppe habitat and wildlife within Franklin County, which may include permanent habitat protection through acquisition. 6. FISH AND WILDLIFE, through a separate binding agreement with Franklin County Conservation District, shall require the monies to be used by the Franklin County Conservation District, in collaboration with FISH AND WILDLIFE, specifically for conservation and restoration of native shrubsteppe habitat and wildlife in Franklin County, Washington, which may include permanent habitat protection through restoration, acquisitions, or conservation easements. 7. The CITY shall provide notice to FISH AND WILDLIFE when any in lieu mitigation payment is assessed by the CITY, so as to faciltiate tracking of in lieu mitigation over the life of the agreement. 8. This AGREEMENT pertains only to mitigation for effects to shrubsteepe habitat by the PWRF, and does not preclude or bar FISH AND WILDLIFE from otherwise participating in land use or permitting decisionmaking by the CITY or COUNTY with regard to any other environmental impacts of PWRF. 9. The COUNTY agrees to apply and enforce the in lieu payrnent requirements of this Agreement. The FISH AND WILDLIFE agrees to provide technical assistance to the Franklin County Conservation District and CITY to appropriately apply the mitigation funds in the public interest for the purposes specified above. 10. This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. Agreement- Shrubsteppe Impact Mitigation for PWRF-3 11. This Agreement may be amended only by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 12. The COLINTY, CITY, and FISH AND WILDLIFE reserve all rights to enforce the terms of this Agreement. Venue shall be in T'hurston County Superior Court or Franklin County Superior Court. DATED this day of , 20 CITY OF PASCO By: Adam Lincoln, Interim City Manager STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE By: , BOARD OF COUNTY COMMISSIONERS Franklin County, Washington By: , Chairman sy: , Chair Pro Tem By: , Member Agreement- Shrubsteppe Impact Mitigation for PWRF-4 Attachement 1. Maps showing location of parcels and acres of impacted shrubsteppe (top) and designated by FISH AND WILDLIFE as priority shrubsteppe habitat and, by incorporation, COUNTY as a Fish and Wildlife Habitat Conservation Area(bottom; mustard/golden pixels and polygons) ..: - - , _�fr�� _ _._ - �� I r n+ ''i E� + - •� �G__ I�� __ . � �1 �� .�._ ,w1 - � r r� r.i��t� �i. :�ll�f�6;"'E= f� F��:n� �.�;,�, _� . �__�— - ��y�� •� R- • •� - .._. . : ,-�- , ,. r . �, ' . , ��i - -i. -' � ' �� ' . . � •�' � - • T .. �•� '�`� ,. . - - . r�a� _ � e•: � �I'� '`"' � 'r C�� Na* �l�! � r � i � _ _ r - � � ,, -� ,, . r � �� `�� :��r'�� Agreement- Shrubsteppe Impact Mitigation for PWRF-5