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Home My WebLink AboutExhibit 26-21 Preliminary statement of saleDonna Frostholm From: Holtz, Michelle (DFW) <Michelle.Holtz@dfw.wa.gov> Sent: Thursday, July 10, 2025 1:01 PM To: Donna Frostholm Subject: Re: MLA21-00007 Point Whitney Boat Launch Follow Up Flag: Follow up Flag Status: Flagged ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello Donna, The week of September 8th works well for us. We have a public notice board on site at the parking lot where we can display the notice so we will not need a new one. Thanks for checking. Thank you, Michelle Holtz Get Outlook for iOS From: Donna Frostholm <DFrostholm@co.jefferson.wa.us> Sent: Thursday, July 10, 2025 12:06 PM To: Holtz, Michelle (DFW) <Michelle.Holtz@dfw.wa.gov> Subject: RE: MLA21-00007 Point Whitney Boat Launch External Email Hi Michelle, Thank you for forwarding the documents on to me as I can now finalize the staff report and schedule the public hearing. I am booked solid through the rest of July and will be out the first two weeks in August. Given the noticing requirements for public hearings, it appears the week of September 8 may be the soonest I would be able to schedule a hearing. Please let me know if you are available the week of September 8 (Monday through Thursday). If not, does the following week work for you? Please note that you would have to pick up a notice packet from DCD and have it posted on the property approximately two weeks in advance of the public hearing. Do you still have the notice board used to notice the application in 2021 or will you need a new one? Once I hear back from you, I will see if the hearing examiner is also available. Best, Donna Frostholm Jefferson County DCD From: Holtz, Michelle (DFW) <Michelle.Holtz@dfw.wa.gov> Sent: Wednesday, July 9, 2025 11:38 AM To: Donna Frostholm <DFrostholm@co.jefferson.wa.us> Subject: RE: MLA21-00007 Point Whitney Boat Launch ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello Donna, Attached is the fully signed preliminary statement of sale for the ILF mitigation credit purchase from HCCC. I am also attaching a delegation of signature authority for WDFW due to the cost. Will you please let me know the next steps for scheduling our public hearing? Please let me know if you have any questions or require additional information. Thank you, Michelle Holtz (564) 669-4904 Environmental Planner III, CAMP Washington Department of Fish and Wildlife From: Donna Frostholm <DFrostholm@co.iefferson.wa.us> Sent: Monday, June 16, 2025 9:14 AM To: Holtz, Michelle (DFW) <Michelle.Holtz@dfw.wa.gov> Subject: RE: MLA21-00007 Point Whitney Boat Launch External Email HiNichelle, I will rno4forward with preparing to take your application to a public hearing. This week is booked solid so I will check in with you next..week with next steps. Best, Donna Frostholm Jefferson County DCD From: Holtz, Michelle (DFW) <Michelle.H dfw.wa. ov> Sent: Thursday, June 12, 2025 10:49 AM _ To: Donna Frostholm <DFrostholm@co:iefferson.wa.us> Subject: RE: MLA21 07-Point Whitney Boat Launch ALERT: BE CAUTIOUS This email originated outside the organization. Do not opeiT attachments or click on links if you are not expecting them. Hood Canal Coordinating Council In -Lieu Fee Program Preliminary Statement of Sale OFFICIAL RECORD OF OBLIGATION OF MITIGATION CREDITS PURSUANT TO THE TERMS AND CONDITIONS OF THE HOOD CANAL COORDINATING COUNCIL IN -LIEU FEE PROGRAM FINAL PROGRAM INSTRUMENT AND PROVISIONS CONTAINED IN 33 CFR PARTS 325 AND 332 AS REVISED EFFECTIVE JUNE 9, 2008 (FEDERAL MITIGATION RULE). PURPOSE This Preliminary Statement of Sale confirms the obligation of mitigation credits from the Hood Canal Coordinating Council's In -Lieu Fee Program (Sponsor) to the Washington Department of Fish and Wildlife (Applicant). This Preliminary Statement of Sale does not constitute a permit or permission to proceed with any proposed action. The Applicant is responsible for obtaining all necessary permits for a proposed action. II. OBLIGATION OF MITIGATION CREDITS AND TRANSFER OF PERMIT MITIGATION RESPONSIBILITY The Sponsor hereby obligates credits equivalent to the amount specified as the mitigation requirements for the below specified in the US Army Corps of Engineers ("Corps"), and or Washington Department of Ecology ("State") permits for which the Hood Canal Coordinating Council In -Lieu Fee Program has been designated as the compensatory mitigation vehicle. Within 15 days from receipt of Total Credit Fees from Applicant the Sponsor will issue a Final Statement of Sale confirming its acceptance of the responsibility for mitigation. The Sponsor does not accept responsibility for mitigation under the Hood Canal Coordinating Council's In -Lieu Fee Program Instrument certified on July 6, 2012 ("Program Instrument") until credit fees are received. This responsibility does not include any additional mitigation requirements as a result of subsequent permit modifications or violations. This responsibility includes compliance with 33 CFR 332, 40 CFR 230, and any applicable state and local jurisdictional laws, and the terms of the Program Instrument, as amended. In satisfaction of the compensatory mitigation requirements, the Sponsor shall provide compensatory mitigation of the type and in the amount necessary to meet the mitigation requirements of the below specified Corps and State permits. III. APPLICANT AND IMPACT PROJECT DETAILS A. Sponsor: Hood Canal Coordinating Council David Dicks Executive Director 17791 Fjord Drive NE, Suite 118 Poulsbo, WA 98370-8430 Page 1 of 4 B. Applicant: Washington Department of Fish and Wildlife (WDFW) Michelle Holtz Environmental Planner III, CAMP 564-669-4904 1111 Washington St. SE Olympia, WA 98501 Kristen Kuykendall, PE Washington Department of Fish and Wildlife Program Director, CAMP 600 Capitol Way N Olympia, WA 98501 C. By execution of this Preliminary Statement of Sale, the Applicant and the Sponsor agreed that the Sponsor will set aside, and obligate mitigation credits related to unavoidable impacts to aquatic resources in the Applicant's favor in the amounts specified below. The Sponsor hereby executes this Preliminary Statement of Sale confirming the obligation of such credits, and upon receipt of payment the Sponsor will assume all associated obligations from the permits cited below and liabilities according to terms of the Program Instrument, as amended. 1) Permitting Agency: US Army Corps of Engineers, Sections 10/404 Permit Number: NWS-2019-1027 2) Permitting Agency: NOAA National Marine Fisheries Service Consultation Number: INQ-2021-00226 3) Permitting Agency: Washington Department of Ecology Water Quality Certification Permit Number: The Corps is reviewing this project under Nationwide Permit (NWP) 36 which would meet the requirements for Ecology's programmatic Section 401 WQC and CZM Federal Consistency decision. Descriptions of debits are provided in the In Lieu Fee Use Plan for the Point Whitney Access Redevelopment, dated April 2025. Total debits incurred in the Hood Canal Marine/Nearshore Service Area are 0.193 Marine/Nearshore Credits IV. MITIGATION CREDITS OBLIGATED AND TOTAL CREDIT FEES DUE A. Mitigation Credits ❑bli a ted. In exchange for the payment of Total Credit Fees, the Applicant receives 0.193 mitigation credits. These credits have been withdrawn from the Advance Credit pools as shown in the Hood Canal Page 2 of 4 Marine/Nearshore service area. B. Allocation to the HCCC ILF Program Account. Total Credit Fee (Land Fee plus Mitigation Fee) to be Collected from Applicant: $ 252 605.82 V. PROOF OF OBLIGATION This Preliminary Statement of Sale shall serve as official documentation for the proof, pursuant to Permit NWS-2019-1027, that credits have been obligated to the Applicant from the Sponsor. A. Signed Preliminary Statement of Sale provided to Applicant. The Applicant is responsible for submitting copies of the signed Preliminary Statement of Sale to appropriate regulatory agencies. B. Condition Precedent. Sponsor's obligation to sell mitigation credits under this Preliminary Statement of Sale is subject to the following condition precedent: the approval of the sale of mitigation credits by Sponsor's Board of Directors, acting in its sole discretion. C. Purchase of Credits. The Applicant shall pay the Total Credit Fees as provided in Section IV to Sponsor at least 30 days prior to commencing in -water work. If the Applicant does not pay the Total Credit Fees as provided herein, the Sponsor will release the obligation for this credit sale and update the credit ledger removing the obligation under this agreement. The Sponsor will notify the regulatory agencies issuing permits that credits have not been purchased and the obligation has been released. D. Final Statement of Sale to the Applicant. The Sponsor will provide a signed copy of the Final Statement of Sale to the Applicant within 15 days after receipt of payment of Total Credit Fees from the Applicant. The Applicant is responsible for submitting copies of the signed Final Statement of Sale to appropriate regulatory agencies as proof of purchase of HCCC In -Lieu Fee Program mitigation credits. E. Copies available to Interagency Review Team (iRT) members. Copies of this Preliminary and/or the Final Statement of Sale will be made available to any member of the IRT upon the IRT member's request. VI. ADDITIONAL PROVISIONS A. Effect of Preliminary Statement of Sale. The Preliminary Statement of Sale documents the obligation of mitigation credits to WDFW, the Applicant. This Preliminary Statement of Sale does not in any manner affect statutory authorities and responsibilities of the Sponsor or the Applicant. This Preliminary Statement of Sale is not intended, nor may it be relied upon, to create any rights in third parties enforceable in litigation with the United States, State of Washington or the Sponsor. This Preliminary Statement of Sale does not authorize, nor shall it be construed to permit, the establishment of any lien, encumbrance, or other claim with respect to the Hood Canal Coordinating Council In -Lieu Fee Program property, with the sole exception of the right on the part of the Corps to require the Sponsor to implement provisions of the Program Instrument, as amended, including recording conservation easements or similarly Page 3 of 4 restrictive site protection mechanisms, required as a condition of the issuance of permits for discharges of dredged and fill material into waters of the United States associated with construction and operation and maintenance of a Mitigation Site. B. Attorneys' Fees. If any action at law or equity, including any action for declaratory relief, is brought to enforce or interpret the provisions of this Preliminary Statement of Sale, each party to the litigation shall bear its own attorneys' fees and costs of litigation, unless allowable under the Equal Access to Justice Act. C. Headings and Captions. Any paragraph heading or caption contained in this Preliminary Statement of Sale shall be for convenience of reference only and shall not affect the construction or interpretation of any provision of this Preliminary Statement of Sale. D. Counterparts and Electronic Signatures. This Preliminary Statement of Sale may be executed in counterparts, each of which shall be deemed to be an original instrument. All such counterparts together shall constitute a fully executed agreement. The parties recognize electronic signatures as legally binding and equivalent in force and effect as a wet signature, except in those instances in which a wet signature is required by local, state or federal law. IN WITNESS WHEREOF, the Sponsor and the Applicant confirms the information contained in this Preliminary Statement of Sale to be true as written. SPONSOR k 7/9/2025 Signature Date David Dicks Hood Canal Coordinating Council Executive Director 17791 Fjord Drive NE, Suite 118 Poulsbo, WA 98370-8430 APPLICANT (or authorized representative of WDFW) 7/9/25 Signature Date Print Name: For Kristen Kuykendall, Program Director Washington Department of Fish and Wildlife 600 Capitol Way N Olympia, WA 98501 Page 4 of 4 State of Washington DEPARTMENT OF FISH AND WILDLIFE Mailing Address: P.O. Box 43158, Olympia, WA 98504-3158 • (360) 902-8300 • TDD (360) 902-2207 Office Location: 600 Capitol Way North, Olympia, WA July 7th, 2025 TO: Executive Management Team FROM: Kristen Kuykendall Kristen Kuykendall SUBJECT: SIGNATURE AUTHORITY FOR PETER HUDSPETH FROM: July 7th, 2025 to July I Ith, 2025 Peter Hudspeth has signature authority (no dollar limit) for the CAMP Director and Deputy Director for the following: • In -state travel authorizations (out-of-state and foreign travel with consultation with Director/Deputy Director); • Travel expense vouchers and TEMS requests • WDFW Logo Wear requests • Total Time hours and leave requests • Training requests and memberships • Requesting authorizations for meeting facilities • Beverage/light refreshment requests • Order payment forms (over $10,000 in consultation with Director/Deputy Director) ■ Service requests • Public works and A&E contracts • Public works and A&E contracts invoice payments • Technology Acquisition Requests (TARS) • Training Requests • Financial transactions including BARS and JVs no dollar value limit • General correspondence If you have any questions, please contact me. cc: Karen McManus