Loading...
HomeMy WebLinkAboutFranklin Conservation District - PWRF Shrub-Steppe Impact Mitigation AgreementFRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N 3rd Ave Pasco, WA 99301 FORM COMPLETED BY: PLEASE PRINT OR TYPE INFORMATION: PHONE # AFN # 1979914 AGREE 10/31/2023 08:45 AM 10 Page(s) $212.50 Matt Beaton. Auditor Franklin Co., WA DOCUMENT TITLE(S) (or transaction contained therein) 1. Shrub -Steppe Mitigation for the Pasco Process Water Reuse Facility Expansion, Pasco, Franklin 2. County Agreement 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Franklin Countv 2. Franklin Conservation 3. 4. Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. City of Pasco 2. 3. 4. ❑ Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) Please see second page 0 Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER Please see second page ❑ Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date Parcels & Legal Descriptions: 1. 124710054: W2NW4 34-10-30 2. 113090058: LOTS 3 & 4 & N2SW4 4-9-30 3. 113090086: That parcel of land being a portion of the South Half of the Northwest Quarter of the Section 4, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, Washington, described as follows: Beginning at the Southwest corner of said South Half; Thence North 03'0631" East along the West line of said South Half, 119.99 feet to the TRUE POINT OF BEGINNING; Thence continuing North 03'06'31" East along said West line, 1256.65 feet to the Northwest corner of said South Half; Thence North 88'53'57" East along the North line of said South Half, 1305.39 feet; Thence South 00*02'45" West, 1131.07 feet; Thence South 88'53'39" West, 413.99 feet; Thence South 00'00'00" East, 120.00 feet; Thence South 88°45'20" West, 958.71 feet to the TRUE POINT OF BEGINNING; LOT 1 OF RS-1969537 4. 113140039: N E4 9-9-30 AGREEMENT FOR SHRUB -STEPPE IMPACT MITIGATION FOR THE PASCO PROCESS WATER REUSE FACILITY EXPANSION, PASCO, FRANKLIN COUNTY THIS AGREEMENT, made and entered into this J-day of 4!AG LA 2023, by and between the Franklin County Planning Department, having offices at 502 West Boeing Street, Pasco, WA 99301, herein after referred to as "COUNTY", the City of Pasco, having offices at 525 North 3rd Avenue, Pasco, WA 99301, and herein after referred to as "CITY", and the FRANKLIN CONSERVATION DISTRICT, having offices at 1724 East Superior Street, Pasco, WA 99301, and jointly referred to as "PARTIES". Purpose. The purpose of this agreement is to clarify partner responsibilities pertaining to the management and implementation of the SHRUB -STEPPE IMPACT MITIGATION FUNDS FOR THE PASCO PROCESS WATER REUSE FACILITY EXPANSION for conservation of native shrub -steppe habitat and wildlife in Franklin County, Washington, which may include permanent habitat protection through restoration, conservation easements, or acquisition. Background. The COUNTY is the lead agency for the Pasco Process Water Reuse Facility (PWRF) Expansion located in Franklin County. The CITY and COUNTY have developed the following mitigation option and strategy for the PWRF to be executed prior to land development per technical assistance received from Washington Department of Fish and Wildlife (WDFW). The CITY, COUNTY, and FRANKLIN CONSERVATION DISTRICT mutually developed this mitigation AGREEMENT and intend that the performance of the terms of the AGREEMENT will provide full mitigation for shrub -steppe impacts resulting from the PWRF Expansion. The initial PWRF Expansion encompasses parcels 124710054, 113090058, and 113090086 (Attachment 1. MAPS) and will include additional parcels as needed by the PWRF. The COUNTY has authority to issue building permits for development within Franklin County, including at the PWRF, and to enforce its Critical Areas Ordinance for future such development. The FRANKLIN CONSERVATION DISTRICT is a legal sub -division of state government mandated by RCW 89.08 to develop and administer voluntary, non -regulatory programs for the wise use and conservation of natural resources in Franklin County. The PWRF Expansion will permanently convert lands designated by the COUNTY as a Fish and Wildlife Habitat Conservation Area and designated by WDFW as priority shrub -steppe habitat that are utilized by several bird and terrestrial mammal species, including the Western burrowing owl (Athene cunicularia ssp. hypugaea), a Washington State Species of Concern, listed as a Candidate and managed by WDFW (Attachment 1. MAPS). Based on site visits, analysis of spatial habitat maps, and recommendations of WDFW and on biological surveys conducted by the project and completed in the Springs of 2022 and 2023, the PARTIES have agreed that the PWRF Expansion on the aforementioned three parcels will result in the loss of 90 acres of shrub -steppe habitat. The PARTIES have agreed that mitigation for expansion beyond the initial three parcels is also covered in this AGREEMENT and that the per acre value will increase as shown in Table 1. Based on WDFW's recommendation in its "2009 Wind Power Guidelines", the CITY and COUNTY agreed that a 2:1 mitigation ratio is appropriate for the loss of shrub -steppe habitat and corresponding impacts to Western burrowing owls resulting in a proposed 180 acre mitigation obligation. The PARTIES have also agreed on a 2:1 mitigation ratio for the loss of shrub -steppe habitat in PWRF- related parcels beyond the initial aforementioned three parcels. The CITY has determined that on -site, in -kind mitigation of shrub -steppe is not an option at this site and that an in lieu monetary payment (per Table 1) to the FRANKLIN CONSERVATION DISTRICT at the time that the affecting development for each lot is approved provides acceptable mitigation. Upon mitigation determined by the Lead Agency (COUNTY), payment shall be made to FRANKLIN CONSERVATION DISTRICT, which will use these funds specifically for shrub -steppe mitigation. The PARTIES further agree that the Migratory Bird Treaty Act prohibits the incidental take of eggs, chicks, and adults and this prohibition shall be followed for construction of the PWRF Expansion. Consequently, construction activities shall not be allowed around active bird nests, including Western burrowing owl, during the breeding season (March through August). Additionally, any non -breeding owls encountered shall be relocated in coordination with WDFW prior to the start of construction activities. 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 $189,000 or five annual payments totaling $208,908 based on per acre value in Table 1 for compensatory mitigation for the initial expansion and also be used for additional expansion. The COUNTY and CITY are interested in proactively satisfying the compensatory mitigation for permanent impacts to a Fish and Wildlife Conservation Area in the COUNTY's Critical Areas Ordinance. FRANKLIN CONSERVATION DISTRICT is interested in the conservation and management of native habitats and wildlife species and working collaboratively with WDFW on appropriately applying the mitigation funds. Statements of Fact. WHEREAS, the development of the PWRF (Parcels 124710054, 113090058, and 113090086) will permanently impact 90 acres identified as a Fish and Wildlife Habitat Conservation Area and WDFW priority shrub -steppe habitat that is used by Western burrowing owls and other birds/terrestrial mammals. 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. WHEREAS, the CITY agrees to proactively mitigate all impacts that degrade the functions and values of Fish and Wildlife Habitat Conservation Areas prior to land development. Agreed Mitigation. NOW, THEREFORE, for and in considerations set forth hereinafter, the PARTIES hereby mutually agree as follows: COUNTY determines that this AGREEMENT is consistent with FCC 18.08.070 (43)(E) and FCC 18.08.550 (E)(4), and under its authority will require the mitigation elements to be implemented for the PWRF. COUNTY has determined that the requirements of this AGREEMENT will provide adequate mitigation for permanent impacts to shrub -steppe habitat and Western burrowing owls, located in Franklin County; parcels 124710054, 113090058, and 113090086, as well as any other parcel that supports shrub -steppe habitat that the PWRF may expand into. The PARTIES agree that the in lieu monetary payment consistent with the terms of this AGREEMENT, designated "SHRUB -STEPPE IMPACT MITIGATION FORTHE PASCO WATER REUSE FACILITY," shall be made to the FRANKLIN CONSERVATION DISTRICT, will occur in a single lump sum payment of $189,000 or in five annual payments totaling $208,571 based on the per acre value in Table 1, and will be enforced by the COUNTY. The payments shall be designated as "SHRUB -STEPPE IMPACT MITIGATION FOR THE PASCO WATER REUSE FACILITY." The PARTIES agree to an initial per acre mitigation value of $1,050.00 that will increase 5% per year as shown in Table 1, below. Table 1. PWRF Shrub -steppe impact mitigation monetary terms Year Cost/Acre of Mitigation 2023 1,050 2024 1,103 2025 1,158 2026 1,216 2027 1,276 2028 1,340 Etc. Etc. 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. The PARTIES agree that the FRANKLIN CONSERVATION DISTRICT will serve as the repository of the mitigation funds and will work with WDFW and others to expend the mitigation funds to conserve and restore native shrub -steppe habitat and wildlife. The PARTIES agree that any conservation entity wishing to conduct projects under this agreement will submit written requests for funding to FRANKLIN CONSERVATION DISTRICT. FRANKLIN CONSERVATION DISTRICT staff will review the requests in collaboration with WDFW. Requests shall include a description of the scope of work, project budget and project timeline. 1. Project Selection criteria for mitigation funds include: a. Any mitigation project shall feature permanent shrub -steppe mitigation and a strong preference must be placed on mitigation projects that either acquire shrub -steppe lands in fee title, or purchase permanent conservation easements with deed restrictions, on shrub -steppe lands suitable for restoration and that these lands be managed in perpetuity for this purpose. b. Selection of projects, lands, and acquisition or easements shall be dependent upon the availability of such projects or lands from willing participants, and shall be in accordance with the following order of priority: i. Acquisition of shrub -steppe, or permanent conservation easements of shrub - steppe or native grasslands within Franklin County that are adjacent to existing functional blocks of habitat in protected status, or provide for functional ecological connectivity or wildlife movement between such habitats; or ii. Acquisition or conservation easements of shrub -steppe or native grasslands within Benton or Yakima Counties that serve to provide in-kind/out-of-place shrub -steppe mitigation, if suitable lands cannot be found within Franklin County within a suitable timeline, or funds may be used for restoration or fire protection of shrub -steppe lands in permanent protective status within Franklin County; or iii. Acquisition or conservation easements for other priority habitat types within Franklin County if suitable shrub -steppe or native grassland habitat for mitigation cannot be found within Benton, Yakima, or Franklin Counties (out-of-kind/in- place mitigation). The PARTIES agree that only purely administrative costs (periodic reconciliation, etc.) may be charged by FRANKLIN CONSERVATION DISTRICT to the mitigation account funds. In no instance shall administrative costs exceed 8% of the total mitigation fund. No other staff time, mileage, etc. may be charged to the mitigation account. The COUNTY shall provide notice to FRANKLIN CONSERVATION DISTRICT when any in -lieu mitigation payment is assessed by the COUNTY, so as to facilitate tracking of in lieu mitigation over the life of the agreement. This AGREMEENT pertains only to mitigation for effects to shrub -steppe habitat by the PWRF, and does not preclude or bar another entity from otherwise participating in land use or permitting decision making by the CITY or COUNTY with regard to any other environmental impacts of PWRF. The COUNTY agrees to apply and enforce the in lieu payment requirements of this AGREEMENT. The WDFW agrees to provide technical assistance to the FRANKLIN CONSERVATION DISTRICT, CITY, and COUNTY to appropriately apply the mitigation funds in the public interest for the purposes specified above. The COUNTY and FRANKLIN CONSERVATION DISTRICT reserve all rights to enforce the terms of this AGREEMENT. Venue shall be in Franklin County Superior Court. Termination. The individual PARTIES may terminate this agreement upon thirty (30) days written notice to the other party. In the event of termination of this agreement, the FRANKLIN CONSERVATION DISTRICT shall pay any outstanding voucher for work under this agreement, shall transfer all unspent SHRUB -STEPPE IMPACT MITIGATION FUNDS for the PWRF into a joint escrow account with the CITY/COUNTY and shall redirect any future SHRUB -STEPPE IMPACT MITIGATION FUNDS for the PWRF into said escrow account. FRANKLIN CONSERVATION DISTRICT and the CITY shall meet and confer to determine an agreeable disposition of the SHRUB -STEPPE IMPACT MITIGATION FUNDS for the PWRF with the purpose of protecting, preserving, or restoring shrub -steppe habitat in Franklin County, or a neighboring county. The individual PARTIES shall otherwise be liable for performance rendered prior to the effective date of termination. Changes, Modifications, and Amendments. Provisions of the AGREEMENT, in whole or in part, may be waived, changed, modified, or amended only by written agreement executed by all PARTIES. Individual PARTIES may propose changes, modifications, and/or amendments for consideration. If a dispute arises between the PARTIES which cannot be resolved by good faith negotiation between the PARTIES, the PARTIES agree to participate in alternative dispute resolution, such as mediation, to resolve the disagreement before filing an action in Superior Court. The individual PARTIES shall be responsible for 1/3 (one-third) of the dispute resolution/mediation fees and their own legal fees. If the PARTIES are unable to resolve the dispute within thirty (30) days of the first meeting/conference, the individual PARTIES may proceed with any remedy available to them pursuant to law. �h. DATED this 5 day of VG V S t 2023. Franklin County Franklin Conservation District Termination. The individual PARTIES may terminate this agreement upon thirty (30) days written notice to the other party. In the event of termination of this agreement, the FRANKLIN CONSERVATION DISTRICT shall pay any outstanding voucherfor work under this agreement, shall transfer all unspent SHRUB -STEPPE IMPACT MITIGATION FUNDS for the PWRF into a joint escrow account with the CITY/COUNTY and shall redirect any future SHRUB -STEPPE IMPACT MITIGATION FUNDS for the PWRF into said escrow account. FRANKLIN CONSERVATION DISTRICT and the CITY shall meet and confer to determine an agreeable disposition of the SHRUB -STEPPE IMPACT MITIGATION FUNDS for the PWRF with the purpose of protecting, preserving, or restoring shrub -steppe habitat in Franklin County, ora neighboring county. The individual PARTIES shall otherwise be liable for performance rendered prior to the effective date of termination. Changes, Modifications, and Amendments. Provisions of the AGREEMENT, in whole or in part, may be waived, changed, modified, or amended only by written agreement executed by all PARTIES. Individual PARTIES may propose changes, modifications, and/or amendments for consideration. If a dispute arises between the PARTIES which cannot be resolved by good faith negotiation between the PARTIES, the PARTIES agree to participate in alternative dispute resolution, such as mediation, to resolve the disagreement before filing an action in Superior Court. The individual PARTIES shall be responsible for 1/3 (one-third) of the dispute resolution/mediation fees and their own legal fees. If the PARTIES are unable to resolve the dispute within thirty (30) days of the first meeting/conference, the individual PARTIES may proceed with any remedy available to them pursuant to law. DATED this 15 f N day of AGSIST __ 2023. City of Pasco Franklin County CUTIN(C, X70RNEY'S OFFICE I?RD Franklin Conservation District i/ ATTACHMENT 1.1 MAPS (B&W VERSION FOR RECORDING) ?� c R3 LL L O _ c a Y O Q (2) c6 O LL C6 L N �6 -2) 00 - N i U U) � O O o � y ° ca a L a Lo o E U 4P 0 N N�,F. M N O N V 0 T O O L L cz Q. c c 0LL N O W O 0 cy)0 LL L AMH 10JOWOw A010d S SEW041 1 i ® ©M y. ATTACHMENT 1.2 MAPS (B&W VERSION FOR RECORDING) Attachment 1. MAPS Maps showing location of parcels and acres of impacted shrub -steppe (top) and designated by FISH AND WILDLIFE as priority shrub -steppe habitat and, by incorporation, COUNTY Fish and Wildlife Habitat Conservation Area (bottom; mustard/golden pixels and polygons) Parcel #: 124710054 Biological Survey Status: performed Springs of 2022&2023 80 Acres of lost habitat Parcel #: 113090058 (North and South) Biological Survey Status: —" performed Springs of 2022&2023 10 Acres of lost habitat (total) L- - - Parcel #: 113090086 Biological Survey Status: performed Springs of 2022&2023 I Parcel #: 113140039 7..�- Biological Survey Status: to be performed Spring of 2023 Unknown Acres of lost habitat Habitat Program Web App W"&Cc,1sE�r°>. ■■ �.es Yam' e