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Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ,;j.J:1
December 12, 2011
Land Use License with Washington State Department of Natural
Resources, for Alder Creek Tributary Culvert Replacement, Upper
Hoh Rd. MP 2.15, X01736, Federal Aid Project No. ER-0801 (025)
To:
Agenda Date:
Subject:
Statement of Issue: The attached Land Use License with the Washington State
Department of Natural Resources (DNR) is needed in order to construct the Alder
Creek Tributary Culvert Replacement project at Upper Hoh Road MP 2.15.
Analysis/Strategic Goals/Pro's a: Con's: Public Works plans to replace the culvert at
Alder Creek Tributary, Upper Hoh Road MP 2.15, with a WDFW-approved, fish passable
structure. The culvert replacement will require "a temporary bypass road around the
site on DNR land. A Land Use License from DNR is necessary in order to temporarily
access these State lands during construction.
Fiscal Impact/Cost Benefit Analysis: The cost for the Land Use License is estimated
at $2,500 and is funded by the County Road Fund.
Recommendation: The Board is requested to sign all three originals of the Land Use
License, and return to Public Works.
Department Contact: Monte Reinders, P.E., County Engineer, 385-9242.
Reviewed By:
t?/7~
Date
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WASHINGTON STAtt DEPARTMENT OF
Natural Resources
Petltr GoIdmIIIl. CanunliSioner of Public Landt
LAND USE LICENSE ("Lieense")
FACE SHEET
License No. 50-0L1114
DNR Olympic Region
Jefferson County
License authorization period: FROM December 1,2011 THROUGH December 31, 2013
Specify other times as applicable: Nt A
License Area (legal description/other identifying descriptors): SWI/4 Section 23 and the SEl/4
Section 22 all in Township 27 North, Range 12 West, W.M., Jefferson County. (See map
attached)
Name of Licensee: Jefferson County - Public Works Dept.
Business: Jefferson County - Public Works Dept.
Address:
623 Sheridan Street
PortTownsend,WA 98368
Phone: (360) 385-9160
FAX: (360) 385-9350
hereafter referred to as "Licensee," is hereby authorized by the Department of Natural Resources,
hereafter referred to as "State," during the specified time period to use land in the above
described location; and/or the facilities (improvements) listed below:
1. NtA
Pennitted Use(s):
I. Replacement of an existing non fish passable culvert along the Alder Creek tributary
located at MP 2.146 Upper Hoh County Road.
2. Construct a temporary bypass route to maintain traffic flow during culvert replacement.
3. Perform Vegetation restoration activities per the attached "Vegetation restoration Plan",
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Land Use License No. 50-0Ll114
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Performance Security: Not Required Amount $0.00
Liability Insurance Required: Yes
(see Addendum A. Insurance Requirements, for specifics)
ISSUANCE of this License is subject to the terms and conditions on appended pages (listed
below and by this reference made a part of this License):
Addendum A - Terms and Conditions of Land Use License
Exhibit A - Maps of authorized assessment location for Licensees
Exhibit B - HCP Requirements (use only if License is in the HCP Permit Areas)
Vegetation Restoration Plan
and payment to the State of Washington in the sum of$2,OOO.OO
($1,000.00 - Timber removed & $1,000.00 - Standard LUL cost)
The undersigned hereby accepts this License sui>ject to the terms and conditions expressed or
implied herein.
Licensee:
Signature
ImINo. (if applicable) I'" 00/ ,''I
Authorizing Official:
\f Susan K. Trettevik Date
Olympic Region Manager
Date
Approved for HCP Clanse, February 8, 1999.
by James Schwartz
Assistant Attorney General
State of W""hington
Note: 1) License mnst be available on site for inspection during licensed activity.
2) This license does not resen'e campground or trails.
Approved as 19 tom aBlYl
_ J~5 ZOI1
OffI.ce
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Land Use license No. SO-OL1114
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ADDENDUM "A" - TERMS AND CONDmONS FOR LAND USE LICENSE
TERMS:
1. Puroose. By issuance of this License, State is conferring the privilege of use of the land
and/or improvements herein described, and expressly retain exclusive possession of same.
2. License Authorization Period. This License is limited to the license authorization
period(s) specified onface sheet and is not subject to renewal.
3.
Revocation. This License may be revoked at will, including under the following
circumstances:
,
a. immediately upon material breach of any. of the conditions herein or, for
reasonable cause, by the State's authorized representative without compensation to the
Licensee or liability to State;
b. upon sixty (60) days' written notice in the event the State includes the License
area fu a plan for higher and better use, lllnd exchange or sale;
c. up to 24 hours in advance of the licensed activity due to adv~ ~d extraordinary
weather conditions (e.g., high fire danger) which could adversely affect public' resources.
Any fees paid will be kept on account to be applied if and when the activity is
rescheduled.
4. Non. Transferrable. This License is personal to the Licensee and may not be transferred.
5. Encumbrances. This License is subject to any rights and valid claims previously
conveyed by. State, and to any rights and valid claims pending on or encumbering License
, area.
6. Compliance. State retains possession of and the right to access License area at any and
all times to ensure compliance or ,carry out any management activities.
7. Access. Provisions for the use of rights of way across State land, including the License
area and adjacent land are as follows:
a. . A nonexclusive right to use existing State road(s) over and across State land to
access the locations shown on the map(s) attached as Exlnoit A.
8. Condition of Premises. Licensee has inspected the License area and accepts it in its
present condition. The State has no obligation to make any repairs, additions, or
improvements thereto and expressly disclaims any warranty that the License area is
suitable for intended use.
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Land Use License No. SO-OLI114
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9.. Performance Security. As guarantee of the faithful performance of the conditions of this
License, the State may require performance security by Licensee prior to commencement
of activity; such security may be in the form of cash. savings account assignment, bank
letter of credit, or performance bond, in such amoUIit as determined by State.
10. Notice to Licensee: This License does not interfere with State's management activities
and possible sale or exchange of the land.
CONDmONS:
1. Compliance with Laws. Licensee shall comply with all applicable laws, including all
Department of Natural Resources regulations, county and municipal1aws, ordinances, or
regulations in effect.
2. Reauired PermitslLicenses. Licensee shall obtain and be in possession of all permits and
licenses required for the permitted use, and shall provide proof of such permitsllicenses
upon request by State's representative.
3. Re8lXlnsibilitv. Licensee assumes responsibility for all activities conducted, including but
not limited to supervision and control to prevent injury or dAmAge; maintenance of the
premises during the use; clean-up of litter and debris; and provision of surveillance and
security to preserVe order.
4. Insurance Reauirements:
a. Evidence oflnsurance. Licensee must furnish evidence of insurance in the form
of a Certificate of Insurance satisfactory to the State, executed by a duly.anthorized
representative of each insurer showing compliance with the insurance requirements set
forth below. The Certificate of Insurance must reference the Department of Natural
Resources and the Land Use License number. Before implementing this License,
Licensee must provide proof of coverage.
b. Cancellation. The Certificate(s) of Insurance must provide 45 days written notice
to State before the cancellation. non-renewal, or material change of any insurance
coverage included therein. Notices must be sent to State's <<Region_City>> office via
certified mail.
c. Additional Reauirements.
(1) All policies must name State of Washington Department of Natural
Resources, as an additional insured.
(2) All insurance provided in compliance with this License shall be primary as
to any other insurance or self-insurance programs afforded to or maintained by
State.
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Land Use License No. 50-0L1114
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(3) All insurance policies must provide liability coverage on an occurrence
basis unless otherwise specified in this License.
(4) Policies must be issued by an insurer admitted and licensed by the
Insurance Commissioner to do business in the State of Washington. Excess or
"surplus lines" carriers must be approved in advance by the Risk Manager (or
other authorized representative) ofDNR. All insurers must have a Best's rating of
B-plus or better.
d. Minimum CoVerage Requirements. The Minimum Coverage Requirements set
forth the minimum limits of insurance the Licensee must purchase to secure a license with
State. These limits may not be sufficient to cover all liability losses and related claim
settlement expenses. Purchase of these minimum limits of coverage does not relieve the
Licensee from liability for losses and settlement expenses greater than these amounts.
During the term of the License, Licensee must purchase and maintain, and shall require
all independent contractors to maintain while performing work on License area under this
License, the minimum insurance coverages and limits specified below, which may be
increased by State at its sole discretion:
(1) Commercial General Liability (CGL) Insurance. Licensee must purchase
and maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or
equivalent form, covering liability arising from premises, operations, independent
contractors, personal injury, and liability assumed under an insured contract. Such
insurance must be provided on an occurrence baSis. Insurance must include
liability coverage with limits not less than those specified below:
Description
General Aggregate Limit
Each Oceurrence Limit
$2,000,000
$1,000,000
(2) Business Auto PolicY mAP) Insurance (Reauired for all licenses). The
Licensee shall maintain business auto liability and, ifnecessary, commercial
umbrella liability insurance with a limit not less than $1,000,000 per accident.
Such insurance shall cover liability arising out of "Any Auto".
Business auto cov~e shaII be written on ISO form CA 00 01, or substitote
liability form providing equivalent coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage and cover a "covered pollution
cost or expense" as provided in the 1990 or later editions of CA 00 01.
The Licensee waives all rights against the State for the recovery of rlllmllges to the
extent they are coveied by bJJSiness auto liability or commercial umbrella liability
insurance. .
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Land Use License No. 50-0Lll14
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(3) Worker's Comoensation and Emnlover's Liabilitv Insurance. The Licensee
must purchase and maintain insurance covering obligations imposed by Federal
and State statutes having jurisdiction of its employees in the performance of work,
including Employer's Liability Insurance. Evidence of "Qualified Self-Insurance
Status" will suffice to meet the requirements of this section.
Description By Accident
Bodily Injury $1,000,000
Each Employee
By Disease
$1,000,000
Policy Limit
By Disease
$1,000,000
e. Self-Insurance. In lieu of the coverages required under this section entitled
"Insurance Requirements," the State at its sole disCretion, may accept evidence of self-
insurance by the Licensee.
Aside from any "self-insurance" guaranteed by the Licensee, it is the responsibility of the
LiCensee to ensure that its contractors, concessionaires, agents, employees, guests,
invitees, or affiliates in, on, under, or above the License area, any adjoining License Area,
or any other License Area subject to use by Licensee in conjunction with its use of the
License area, meet minimum insurance requirements described above.
5. Indemnification. Licensee shall indemnifY, defend (with counsel acceptable to State) and
hold harmless State, its employees, officers and agents from any and all liability, dllmllges
(including, but not limited to, personal injury and Ollmllges to land and other natural
resources), expenses, causes of action, suits, claims, costs, fees (including, but not limited
to, attorneys' fees), penalties, or judgments, of any nature whatsoever, arising out of the
use or occupation of the License Area by Licensee, its contractors, concessionaires,
agents, employees, guests, invitees, customers or affiHlltp.s, except as may arise solely out
of the wi11fu1 act of State or State's elected officials, employees, or agents. To the extent
that RCW 4.24.115 applies, Licensee shall not be required to indemnify; defend, and hold
State harmless from State's sole or concurrent negligence. This section shall not in any
way limit Licensee's liability under section entitled Environmental Liability/Risk
Allocation.
6. Protection of Natural Resources and Imnrovements. Licensee shall take all reasonable
precautions to prevent or minimi?c damage to natural resources (e.g., vegetation, wildlife,
soil, water) and improvements (crops, buildings, roads, etc.) within the License area.
Licensee shall cut no State timber, remove no State-owned valnable material (as defined
in RCW 79.02.010(12) plus coal, minerals, oil or gas), disturb or remove anycu1tural,
historical or paleontological (fossils) resources, without written prior consent of the State.
Upon revocation or expiration of this License, Licensee shall reclaim any disturbed areas
'to the specifications of the State within a reasonable amount of time as agreed to by
State's anthorized representative. Damage to timber, crops and improvements not
identified and paid for under the terms and conditions of this License shall be appraised
. by the State. The Licensee shall be liable for said dllmllges at the appraised rate.
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Land Use License No, 50-0L1l14
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7. Cleanup. All garbage shall be packed out, or disposed of as required by the State's
authorized representative, within the license authorization period of this License.
8. Imnrovements/Personal License Area. No building or other structures will be erected
under this License within the LicenSe area. Any unauthorized improvements shall either
be removed immediately by the Licensee, removed by State at the cost of the Licensee, or
become the License Area of State, at State's option. All personal Property must be
removed from the premises upon revocation or expiration of this License. Any property
remaining after 24 hours will become the property of the State, unless a longer time'
allowance is specifically authorized by the State under the "Additional Terms and
Conditionslf section below.
9. Advertisull1, Licensee shall file with the State's authorized representative copies of all
advertising brochures or other handouts describing the activity/event for which this
License is issued. Licensee shall ensure advertising does not imply the endorsement of
the Washington State Department ofNaturaI Resources.
10. Noxious Weeds. Licensee shall take all reasonable precautions, which may be directed
by State's representative, to control the spread of noxious weeds as a result of their
activity. Licensee shall be responsible for, or shall immediately reimburse State, for any
weed control cost incurred as a result of Licensee's failure to comply with precautions
directed by State. All methods of chemical weed control shall be approved in writing by
State prior to beginning such activities.
11. Discrimination. Licensee shall not conduct or suffer any business upon the License area
which unlawfully discriminates against any person on the basis of race, color, creed,
religion, sex, age, or physical or mental handicap.
12. Environmental LiabilitvlRisk Allocation
a. Definition. If Hazardous Substance" means any substance which now or in the
future becomes regulated or defined under any federal, state, or local statute, ordinance,
rule, regulation, or other IawreIating to human health, environmental protection,
contamination or cleanup, including, but not limited to, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ("CERCLA If), 42
U.S.C. '9601 et seq., and Wa"hington's Model Toxics Control Act ("MTCA If), RCW
70.105D.010 et seq.
b. Use of Hazardous Substances. Licensee covenants and agrees that Hazardous
Substances will not be used. stored, generated, processed, transported, handled, released,
or disposed of in, on, under or above the License area. except in accordance with all
applicable laws. Licensee agrees to use hazardous substances only to'theextent necessary
to the permitted use under this License,
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Land Ui;eLicense No. 50-0L1114
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c. Deleterious Material. Licensee shall not make, or suffer to be made, any filling in
of the License area or any deposit or rock earth, ballast, refuse, garbage, waste matter,
chemical, biological or other wastes, hydrocarbons, any other pollutants, or other matter
within or upon the premises, except as approved in writing by the State. If the Licensee
fails to remove all non-approved fill material, refuse, garbage, wastes or any other of the
above materials from the License area, the Licensee agrees that the State may, but is not
obligated to, remove such materials and charge the Licensee for the cost of removal and
disposal.
d. Notification and Reoorting. Licensee shall immediately notify State if Licensee
becomes aware of any of the following:
(1) a release or threatened release of Hazar dons Substances in, on, under or
above the License area, any adjoining property, or any other property subject to
use by Licensee in conjunction with its use of the License area;
(2) any probl~ or liability related to or derived from the presence of any
Hazardous Substance in, on, under or above the License area, any adjoining
property, or any other property subject to use by Licensee in conjunction with its
use of the License area;
(3) any actual or alleged violation of any federal, state or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous Substances with
respect to the License area, any adjoining property, or any other property subject
to use by Licensee in conjunction with its use of the License area;
e. Indemnification and Burden of Proof. Licensee shall fully indemnify, defend
(with counsel acceptable to State), and hold State harmless from and against any and all
claims, demands, domllges, natura1 resource domllges, response costs, remedial costs,
cleanup costs, losses, liens, liabilities, penalties, fines. lawsuits, other proceedings, costs,
and expenses (including attorneys' fees and disbursements), that arise out of or are in any
way related to:
(1) the use, storage, generation, processing, transportation, handling, release
9I' disposal of any Hazardous Substance by Licensee, its contractors,
concessionaires, agents, employees, guests, invitees, or affiliates in, on, under, or
above the License area, any adjoining property, or any other property subject to
use by Licensee in conjunction with its use of the License area, during the license
authorization period of the License or during any time when Licensee occupies or
occupied the License area or any such other property;
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Land Use License No. 5()"()Ll1l4
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(2) the release or threatened release of any Hazardous Substance in, on, under,
or above the License area, any adjoining property, or any other property subject to
Use by Licensee in conjunction with its use of the License area, which release or
threatened release occurs or occurred during the license authorization period of
the Liceuseor during any time whe~ Licensee occupies or occupied the Liceuse
area and as a result of.
a Any act or omission of Licensee, its con1Iactors, concessionaires,
agents, employees, guests, invitees, or affiliates; or,
b. . Any act or omission of a third party unless Licensee exercised the
utmost care with respect to the foreseeable acts or omissions of the third
party and the foreseeable consequences of those acts or omissions.
13. Stream course Protection. Yarding equipment shall be set back from the stream bank so
the act of yarding or storing of yarded logs will not damage or encroach on the floWing
stream. No timber shall be felled across or into and no yarding shall be permitted in or
through such stream courses, lakes and ponds as designated by the State unless
permission to do so is granted in writing by the State's authorized representative.
14. Erosion and Damal1e to Soil. During operations under this License, including the
construction of roads and l""d;ngll, the Liceusee shall take such precautions as necessary
to m;n;mi7'e insofar as pOssible soil erosion and damage to the soil. Equipment will not
be operated when ground conditions are such that excessive damage will result.
15. Preservation of SurveYS. All legal land subdivisions survey comers and witness objects
are to be preserved. If such are destroyed or disturbed, the Licensee shall re-establish
them by a registered professional engineer or licensed land surveyor in accordance with
U.S. General Land Office standards at its own expense. Comers and/or witness objects
that must necessarily be disturbed or destroyed in process of construction must be
adequately referenced and/or replaced in accordance with all applicable laws of the State
ofWasbington in force at the time of construction, reconstruction, or development of the
right of way including but notlimited to RCW 58.24, and all Department ofNaturaI
Resources rules and regulations pertaining to preservation of such comers and/or witness
objects. Such references must be approved by the State prior to removal of said comers
and/or witness objects.
16. Road Maintenance. During periods when a road, or portion thereof, is being used by the
Licensee, that portion of the road so used shall be maintained by said party at its oWn
expeuse and, at the termination of eac)1 period of such use, shall be left in a condition
equal to or better than the condition of the road immediately prior to said use.
17. Obstruction. Licensee shall not obstruct said roads or take any action to restrict the flow
of traffic On said roads without the State's written permission.
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Land Use License No. SO-OL1114
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18. Debris Disoosal. Licensee shall dispose offorest debris as defined by law, concurrent
with cutting and land clearing, by piling and burning on the right ofway (or site).
Alternate methods of disposal may be permitted provided a written supplement to this
document shall :first be obtained from the State's authorized repi'ese:ntative. The
supplement shall include but not be limited to the following minimum requirements:
a. Dates and places of disposal;
b. Methods and means of disposal;
c. A map showing the areas affected by the supplement.
19. . Comoliance with the Habitat Conservation Plan (Rep). The License Area is located
within an area that is subject to State's Habitat Conservation Plan adopted in connection
with Ihcidental Take Permit No. PRT-8l2S2l (I'rP) as supplemented by Permit No. 1168
(Collectively "ITP"). As long as the Habitat Conservation Plan remllin.. in effect,
Licensee and all persons acting onder Licensee shall comply with the terms and
conditions set forth in Exlnbit B while operating on License ~ State shall have the
right to modifY these terms and conditions from time to time to comply with the Habitat
Coll$el'Vation Plan, the ITP, the Endangered Speci~ Act, the implementing regulations,
and ameridments thereto, or the requirements of the federal agencies administering these
laWs. .
Additional terms and conditionS:
Site Restoration Requirements- See Vegetation Plan attached on page 13.
July 13,2011
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Land Use License No. SQ.OL1114
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EXHIBIT A
Map of authorized access use
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Land Use License No. SO-OL1114
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EXHIBIT B
HCP REQUIREMENTS
1. The Licensee shall immediately notify the State of new locations of permit species
covered in the Incidental Take Permit (ITP) that are discovered within the License Area covered
by the Habitat Conservation Plan (HCP), including, but not limited to: locations of occupied
murre1et habitat; spotted owl nest sites; wolves; grizzly bears; nests, co=una1 roosts, or feeding
concentrations of bald eagles; peregrine falcon nests; Columbian white-tailed deer; Aleutian
OmAnA geese; and Oregon silverspot butterflies. In an circumstances notification must occur
within a 24 hour time period.
2. Upon locating any live, dead, injured, or sick specimens of any listed species covered by
the rtp within the License Area the Licensee shall immediately notify the State. In an
circumstances notification must occur within a 24 hour time period. Licensee may be required to
take certain actions to help the State safeguard the well-being of any live, injured or sick
specimens of any listed species discovered, UIl.til the proper disposition of such specimens can be
determined by the State.
3. Any Forest Practices Permit application submitted for activities on the License Area must
comply with the ITP and HCP and identify that the License Area is within an area covered bya
Habitat Conservation Plan and part of the Incidental Take Permit No. PRT -812521 as
supplemented by Permit No. 1168.
July 13, 2011
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Land Use License No. 5O-OL1114
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SITE RESTORATIONNEGETATION PLAN
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Land Use License No. SO-OLl114