HomeMy WebLinkAboutWashington State, Department of Fish & Wildlife - 030617After Signature, Return Original To:
Washington Department of Fish & Wildlife
Real Estate Services
600 Capitol Way North
Olympia, Washington 98501-1091
Attn: Elyse Kane
Related Agency Control No.: 320187
Property Name: Snow Creek Salmon Creek Unit, North Olympic Wildlife Area
County: Jefferson
Grantor: Washington Dept. of Fish & Wildlife
Grantee: County of Jefferson
LAND USE AGREEMENT
THIS LAND USE AGREEMENT IS entered into this -- day of , 2017, by and
between THE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND 4LDLIFE (hereinafter
"WDFW") and COUNTY OF JEFFERSON, a governmental agency, whose address is, 623
Sheridan Street, Port Townsend, WA 98368. (hereinafter "Grantee"). WDFW hereby authorizes
Grantee to construct, operate and maintain a portion of the Olympic Discovery Trail on the
existing abandoned Railroad Grade located on the Snow Creek Salmon Creek Unit of the North
Olympic Wildlife Area for the purpose of a public non -motorized trail subject to the terms and
conditions of this Agreement. Said property is situated in the County of Jefferson, State of
Washington (hereinafter "the premises"), as more particularly described and as depicted on
Exhibit A.
FOR AND IN CONSIDERATION of the mutual benefits to be derived, WDFW and Grantee mutually
covenant and agree as follows:
1. Term: This Agreement is not valid until signed byt e authorized represe ati of WDFW
below. The term of this Agreement is to /
(30 Years)
2. Operation and Maintenance: Grantee, at its sole expense, shall operate and maintain the
premises and facilities in compliance with all applicable federal, state and local laws and
regulations and in a condition satisfactory to WDFW. This responsibility includes, but is not
limited to:
a. Construct a segment of the Olympic Discovery Trail.
b. Grading and maintaining the trail surface in a satisfactory condition.
c. Installing and maintaining all trail markers and signs as indicated on the plan.
d. Control all noxious weeds within the trail corridor. All chemicals and mechanical
means of weed control must be approved by the Wildlife Area Manager for the
North Olympic Wildlife Area.
e. Be responsible for removing litter within the trail corridor.
f. Controlling access to the trail by limiting the size of access points and, or placing
barriers that prohibit motorized vehicular traffic on the site except as authorized
by WDFW for construction and maintenance purposes.
g. Grantee shall be responsible for managing public use of the Olympic Discovery
Trail. Rules of conduct shall be agreed to by Wildlife Area Manager for the
North Olympic Wildlife Area and posted in plain sight at the trails entrance
points at those access points indicated within the Olympic Discovery Trail, South
Discovery Bay Trail Management Plan, Eyw- sii-G .
h. The trail bed shall not exceed 10 feet in width with 2 foot gravel shoulders and
shall follow the legal description as described and depicted in Exhibit A.
WDFD Jefferson County ODT Land Use Agreement Pagel of 3
Grantee's use of the site shall comply with the provisions of the state cultural and
archaeological resource laws (RCW 27.44 and 27.53). The clearance letter received from the
Washington Department of Archaeology and Historic Preservation is found in Exhibit B.
3. Compliance with Funding Source Contracts: Grantee shall operate and maintain the
premises for the purposes of public recreation in compliance with the provisions of the
original funding agreement for the premises: Section 6 Endangered Species Land
Acquisition GRANT #13410-01-G009, which documents are maintained in the official files
of WDFW in Olympia, Washington.
4. Limited Rights: No provision of this Agreement transfers any real property rights from
WDFW to Grantee. WDFW permits only those rights and privileges set forth in this
Agreement during the term hereof and WDFW retains jurisdiction over its Property in all
other respects. This Agreement does not prevent public or WDFW use of the Property. This
Agreement does not convey the right to build roads, or store any materials, vehicles, or
equipment on the premises, except as follows: The bed of the existing rail line shall be
hardened to accommodate non -motorized use. Major alterations and improvements to the
land and facilities shall be done only with the prior, written approval of WDFW. Grantee is
authorized to take immediate action to correct hazards to the public (such as downed or
danger trees or damage caused by flood hazards). Neither this Agreement, nor the rights and
obligations set forth herein, may be assigned or sublet by Grantee in whole or in part,
without written consent of both parties.
5. Use Restrictions:
a. Grantee shall not allow alcohol, fireworks, or fires on the premises.
b. Commercial use shall not be allowed on the premises, unless by special permit issued
by WDFW.
c. No overnight public parking or camping is allowed on the premises.
d. The premises shall be closed during the hours of darkness.
6. No Warranty: WDFW grants this Agreement without warranty, either express or implied,
regarding the suitability or condition of the premises. Grantee shall not hold WDFW liable
for any shortage or defect in any part of the premises or on account of theft of, or damage to,
the vehicles, equipment, or other property of Grantee, its agents, contractors, or employees.
7. Liability: Each party to this Agreement agrees to be responsible for being appropriately
self-insured or providing adequate liability insurance related to the responsibilities and
activities of itself, and its agents, contractors, and employees, at the premises. To the extent
allowed by law, Grantee shall indemnify, defend and hold WDFW harmless from and
against any claims of damages by whomsoever made and of any nature whatsoever arising
out of or in any manner connected with the acts and omissions of Grantee, and its agents,
contractors, and employees, at the premises. Grantee and WDFW shall assist each other in
preserving and presenting a defense of limited liability under RCW 4.24.2 10 by allowing the
public to use said property for outdoor recreation without fee.
8. Property Damage/Fines and Penalties: Grantee, and its agents, contractors, and
employees, shall not use hazardous or toxic substances at the premises, unless said use is in
strict compliance with all applicable laws. Grantee shall reimburse WDFW, immediately
upon demand, for any and all cleanup costs, fees, fines, and penalties (civil and criminal)
imposed on WDFW by any governmental authority, which are related to Grantee's use or
misuse of the premises.
9. Cancellation: This Agreement may be canceled by WDFW at any time upon ten (10) days'
written notice to Grantee in the event Grantee fails or refuses to perform any maintenance or
repair required by WDFW or other applicable governmental authority, or in the event
Grantee violates any of the provisions of this Agreement. This Agreement may be
temporarily suspended in case of emergency in the sole discretion of WDFW. If this
agreement is cancelled for any reason it shall be the responsibility of the Grantee to notify
the Recreation and Conservation Office (RCO) of the cancellation.
10. Surrender of the premises: Upon cancellation or termination of this Agreement, Grantee
shall immediately vacate and deliver up the premises to WDFW in a condition as good as, or
better than, that which presently exists, reasonable wear and tear by the elements excepted.
Upon the failure or refusal of Grantee to restore the premises to said condition, WDFW may
undertake the restoration, and Grantee hereby agrees to reimburse WDFW, immediately
W DFD Jefferson County ODT Land Use Agreement Page 2 of 3
N
upon demand, for the cost of said restoration. Any property of Grantee that remains upon the
premises ninety (90) days after termination or cancellation of this Agreement shall become
the property of WDFW without further process, or, at WDFW's option, may be removed by
WDFW at Grantee's cost.
11. Venue: In the event of a lawsuit involving this Agreement, jurisdiction and venue are proper
only in the State of Washington, Thurston County Superior Court.
12. Severability: If any covenant or provision of this Agreement is adjudged void, such
adjudication will not affect the validity, obligation, or performance of any other covenant or
provision, or part thereof.
13. Entire agreement: This document contains the entire agreement between the parties and no
statement, promise, representation, inducement, or agreement made by either party, or its
respective employees or agents that is not contained in this document is valid, binding, or
enforceable.
IN WITNESS WHEREOF, the parties hereto have mutually agreed upon the terms and conditions of
this instrument and have caused it to be executed as below subscribed:
Accepted:
3/62
Date
15--/ t
Date
Approved as to form only
T
Michael Haas t�
Jefferson County Prosecutor's Office
W DFD Jefferson County ODT Land Use Agreement
[County of Jefferson, Board of Commissioners]
!! I k �,," i � �
By: Kathleen Kler, Chair
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
�SKmgne Lands Division Manager
of .�.l�c GG�Cc•�'3�'Y7
Page 3 of 3
EXHIBIT A
LEGAL DESCRIPTION
rcn
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Q
VICINITY MAP for
LAND USE AGREEMENT
A PORTION OF JUNCTION CITY PLAT,
NW 1/4 SECTION 24, TOWNSHIP 29 NORTH,
RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WA.
LEGAL DESCRIPTION
A 20.00 foot wide Public Non -Motorized Trail being 10.00 feet on either side of a Centerline
whose sidelines extend or foreshorten to terminate at their respective property or right-of-way
lines, lying in a portion of the Plat of Junction City, in the Northwest Quarter of Section 24,
Township 29 North, Range 2 West, W.M. in Jefferson County, Washington;
Said Centerline being more particularly described as follows:
Commencing at the West Quarter Comer of said Section 24;
Thence North 03°07'09" East 1261.92 feet along the West line of the Northwest Quarter of said
Section 24 to the True Point of Beginning said point being on a non -tangent curve to the right,
the center of which bears South 64°20'01" East, with a radius of 162.00 feet;
Thence northerly along said curve through a central angle of 45°24'47" an are length of 128.40 feet
to a point of a tangent curve to the left, with a radius of 207.00 feet;
Thence northerly along said curve through a central angle of 31°37'46" an arc length of 114.27 feet;
Thence North 39°26'59" East 50.29 feet to a point on a tangent curve to the left, with a radius of
173.00 feet;
Thence northerly along said curve through a central angle of 40°58'14" an arc length of 123.71 feet;
Thence North 019115" West 85.14 feet to a point on a tangent curve to the right, with a radius of
159.00 feet;
Thence northerly along said curve through a central angle of 18° 19'35" an arc length of 50.86 feet to
the terminus of said Centerline;
Except that portion of alleys in Blocks 170 and 179 of said Plat;
Public Non -Motorized Trail containing 11,129 square feet more -or -less.
A PORTION OF JUNCTION CITY PLAT,
NW 1/4 SECTION 24, TOWNSHIP 29 NORTH,
RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WA.
24
Parametrlx
14 13
EXHIBIT A-2
AAh
TPOB TRUE POINT OF BEGINNING
23 24
N
POC POINT OF COMMENCEMENT
Public Non -Motorized
SCALE IN FEET
(R) RADIAL BEARING
Trail Area for: Parcel
A=18.19'35"
/
AREA = 11,129 S.F.
R=159.00'
DATE: Feb 13 2015
L=50.86'
110' l
NO1'31'15'W
85.14'
I
d=40'58'14"
/ R=173.00'
L=123.71'
N39'26'59"E
50.29'
6=31'37'46"
/o✓ ✓
R=207.00'
/
L=114.27'
A=45'24'47"
TPOB
/,
R=162.00'
L=128.40'
/
�F rR1
N
(D
N
W
n
O
O
Z
24
Parametrlx
LEGEND
EXHIBIT A-2
AAh
TPOB TRUE POINT OF BEGINNING
Olympic Discovery Trail
N
POC POINT OF COMMENCEMENT
Public Non -Motorized
SCALE IN FEET
(R) RADIAL BEARING
Trail Area for: Parcel
964516903
0 50 100
AREA = 11,129 S.F.
DATE: Feb 13 2015
A PORTION OF GOVERNMENT LOTS 1 & 2,
NE 1/4 SECTION 23, TOWNSHIP 29 NORTH,
RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WA.
LEGAL DESCRIPTION
An 18.00 foot wide Public Non -Motorized Trail being 8.00 feet on the westerly side and 10.00 feet on
the easterly side of a Centerline 'A' whose sidelines extend or foreshorten to terminate at their
respective property or right-of-way lines, lying in a portion of Government Lots I and 2, in the
Northeast Quarter of Section 23, Township 29 North, Range 2 West, W.M. in Jefferson County,
Washington;
Said Centerline 'N being more particularly described as follows:
Commencing at the East Quarter Comer of said Section 23;
Thence South 88°41 '58" West 686.20 feet along the South line of the Northeast Quarter of said
Section 23 to a point on a non -tangent curve to the right, the center of which bears South 89°08'54"
East, with a radius of 960.50 feet;
Thence northerly along said curve through a central angle of 20°1713" an arc length of 340.09 feet
to the True Point of Beginning, said point being on a curve to the right with a radius of %0.50 feet;
Thence continuing northerly along said curve through a central angle of 24°05'50" an arc length of
403.% feet to a point hereafter referred to as Point 'A', said point being on a point of curve to the
right with a radius of 960.50 feet, the center of which bears South 44°45'51" East;
Thence continuing northerly along said curve with a radius of %0.50 feet, through a central angle of
00°50'53" an arc length of 14.21 feet to a point of a tangent curve to the left, with a radius of
1007.00 feet;
Thence northerly along said curve through a central angle of 07°12'21" an arc length of 126.64 feet;
Thence North 38°52'41" East 147.96 feet to a point on a tangent curve to the right, with a radius of
607.00 feet;
Thence northerly along said curve through a central angle of 02°17'43" an arc length of 24.32 feet;
Thence North 41 °1074" East 254.20 feet to a tangent curve to the left, with a radius of 500.00 feet;
Thence northerly along said curve through a central angle of 03°02'31" an are length of 26.55 feet;
Thence North 38°07'53" East 49.11 feet to a point on a tangent curve to the left, with a radius of
207.00 feet;
Thence northerly along said curve through a central angle of 26°00'11" an arc length of 93.95 feet to
a point of a tangent curve to the right, the center of which bears South 77°52'18" East, with a radius
of 162.00 feet;
Thence northerly along said curve through a central angle of 13°32'11" an arc length of 38.28 feet to
the terminus of said Centerline'A;
Together with a 20.00 foot wide 30 year right of entry being 10.00 feet on either side of a Centerline
9' whose sidelines extend or foreshorten to terminate at the southerly right-of-way line of SR 101 to
the West, and foreshorten to make 5.00 feet radius curves with the sidelines of aforementioned
easement based on the centerline described for said Centerline 'A', lying in a portion of Government
Lots 1 and 2, in the Northeast Quarter of Section 23, Township 29 North, Range 2 West, W.M. in
Jefferson County, Washington;
Said Centerline B' being more particularly described as follows:
Beginning at aforementioned Point'A;
Thence North 51°45'25" West 70.78 feet to the southerly right-of-way line of SR 101 and the
terminus of said Centerline IT;
Public Non -Motorized Trail containing 22,414 square feet more -or -less.
A PORTION OF GOVERNMENT LOTS 1 & 2,
NE 1/4 SECTION 23, TOWNSHIP 29 NORTH,
RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WA.
14w 13
24
p=13'32' 17"
N41'10'24"E
254.20' ,P A=03'02'31"
R=162.00'
/ /
L=38.28'
R=500.00'
N
L=26.55'
Public Non -Motorized
p=02'17'43"
/ / vF�'
(R) RADIAL BEARING
R=607.00'
/
A=26'00'11"
/
R=207.00'
/
L=93.95'
/
N38'07'53"E
49.11'
/
A=2917'1 3"
R=960.50'
L=340.09'
POC
S88'41'58"W 686.20' 23 24
23 S89'08'54"E (R)
Parametrlx
N41'10'24"E
254.20' ,P A=03'02'31"
EXHIBIT A-4
/ /
TP08 TRUE POINT OF BEGINNING
R=500.00'
N
L=26.55'
Public Non -Motorized
p=02'17'43"
/ / vF�'
(R) RADIAL BEARING
R=607.00'
L=24.32'-- /
N38'52'41 'E
/
147.96'
/
o
/ /
A=07'12'21"
/
R=1007.00'
CENTERLINE 'B'
/
L=126.64'
N51'45'25"W—
70.78' `�
A=00'50'53"
R=960.50'
/
L=14.21'
TPOB
'B'
�Qp/%/
CENTERLINE
(POINT 'A')
/\Si>
6=24'05'50"
F\
B'` f R=960.50'
L=403.96'
/ /
PARCEL 902231004
\
TPOB
CENTERLINE 'A'
/
A=2917'1 3"
R=960.50'
L=340.09'
POC
S88'41'58"W 686.20' 23 24
23 S89'08'54"E (R)
Parametrlx
LEGEND
EXHIBIT A-4
TP08 TRUE POINT OF BEGINNING
Olympic Discovery Trail
N
POC POINT OF COMMENCEMENT
Public Non -Motorized
SCALE IN FEET
(R) RADIAL BEARING
Trail Area for:
Parcel 902231004
0 75 150
DATE: Feb 13, 2015 1
AREA= 22,414 S.F.
A PORTION OF GOVERNMENT LOTS 1 & 2,
SECTION 23, TOWNSHIP 29 NORTH,
RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WA.
LEGAL DESCRIPTION
An 18.00 foot wide Public Non -Motorized Trail being 8.00 feet on the westerly side and 10.00
feet on the easterly side of a Centerline whose sidelines extend or foreshorten to terminate at
their respective property lines, lying in a portion of Goverment Lots 1 and 2, in the East Half
of Section 23, Township 29 North, Range 2 West, W.M. in Jefferson County, Washington;
Said Centerline being more particularly described as follows:
Commencing at the East Quarter Comer of said Section 23;
Thence South 88041'58" West 686.20 feet along the South line of the Northeast Quarter of said
Section 23 to a point on a non -tangent curve to the left, the center of which bears South 89°08'54"
East, with a radius of 960.50 feet;
Thence southerly along said curve through a central angle of 04°57'26" an arc length of 83.10 feet;
Thence South 04°0620" East 11.00 feet to the True Point of Beginning;
Thence North 04°0620" West 11.00 feet to a point on a tangent curve to the right, with a radius of
960.50 feet;
Thence northerly along said curve through a central angle of 25'14'39" an arc length of 423.19 feet
to the terminus of said Centerline;
Public Non -Motorized Trail containing 7,805 square feet more -or -less.
A PORTION OF GOVERNMENT LOTS 1 & 2,
SECTION 23, TOWNSHIP 29 NORTH,
RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WA.
14 13
23 24
(1-T—�CURVE
TOTAL
0=25.14'39" PARCEL 902231018
i
R=960.50'
L=423.19'
I,
POC--�i
S88'41'58"W 686.20'
24
22f23 -4
?3
I S8 08'5, °E (R)
�=04'57'26"
R=960.50'
8' 10'I
L=83.10'
I
N04'06'20"W
11.00'
TPOB
23 24
26A 25
lx
rw
LEGEND
EXHIBIT A-6
TPOB TRUE POINT OF BEGINNING
Olympic Discovery Trail
POC POINT OF COMMENCEMENT
Public Non -Motorized
SCALE IN FEET
(R) RADIAL BEARING
Trail Area for:
Parcel 902231018
0 50
100
_ _
DATE: Feb 13 2015
AREA= 7,805S.F.
EXHIBIT B
WA DEPT OF ARCHAEOLOGY &
HISTORICAL PRESERVATION
CLEARANCE LETTER
DEPARTMENT OF
ARCHAEOLOGY &
HISTORIC PRESERVATION
February 27, 2014
Dr. Fred Caslick
USFWS
911 NE 11th Avenue
Portland, OR 97232-4181
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
In future correspondence please refer to:
Log: 052511-08-USFWS
Property: Cultural Resources Assessment for the Maynard Shoreline Project, Jefferson County,
Washington
Re: No Historic Properties Affected
Dear Dr. Caslick:
Thank you for contacting the Washington State Department of Archaeology and Historic
Preservation (DAHP). The above referenced project has been reviewed on behalf of the State
Historic Preservation Officer under provisions of Section 106 of the National Historic
Preservation Act of 1966 (as amended) and 36 CFR Part 800. My review is based upon
documentation contained in your communication.
We concur with your revised APE for the undertaking. We also concur with your consultant's
professional opinion that that the two additional properties located within the expanded APE is
not eligible for the National Register of Historic Places. As such, no historic properties will be
affected by the current phase of the project as proposed. We look forward to working with you
and your staff on mitigating the adverse effects for the removal of the railroad. If additional
information on the project becomes available, or if any archaeological resources are uncovered
during construction, please halt work in the area of discovery and contact the appropriate Native
American Tribes and DAHP for further consultation.
Thank you for the opportunity to review and comment. Should you have any questions, please
contact me.
Sincerely,
Russell Holter
Project Compliance Reviewer
(360) 586-3533
russell.holter@dahp.wa.gov
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
STA"
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EXHIBIT C
TRAIL MANAGEMENT PLAN
M,
MAPS
Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
(360)385-9160
Monte Reinders, P.E.
Public Works Director/County Engineer
Date:
July 7, 2016
To:
Marty Acker, Endangered Species Ecologist, US Fish & Wildlife Service
Through:
Robert Cannon, Westside Lands Supervisor, WDFW, Region 6
Through:
Darrell Jennings, RCO Senior Grant Manager
Through:
Shane Belson, Wildlife Area Manager, WDFW, Region 6
Through:
Kevin Long, Project Manager, North Olympic Salmon Coalition
From:
Eric Kuzma, Project Manager, Jefferson County Dept. of Public Works
Project:
Olympic Discovery Trail, South Discovery Bay
Subject:
Trail Management Plan
OLYMPIC DISCOVERY TRAIL, SOUTH DISCOVERY BAY:
TRAIL MANAGEMENT PLAN
This document is intended to serve as the USFWS mandated Trail Management Plan. Its objective is to
demonstrate how development of this segment of the Olympic Discovery Trail will (1) not impede the
natural function of this site, and (2) either directly support, or at least clearly not compromise, the
objectives outlined in the original Section 6 grant funding application through which WDFW acquired the
property.
Overview:
Jefferson County Department of Public Works (JCPW) is pursuing the design and construction of a segment
of the Olympic Discovery Trail (ODT) approximately 'h mile of which is on property purchased in 2004 by
the Washington State Department of Fish and Wildlife (WDFW) with US Fish & Wildlife Service
(USFWS), Section 6 grant funding. The property is located in Jefferson County, Washington within a
narrow corridor between US Highway 101 and west side of South Discovery Bay.
The ODT is a planned 126 mile long, non -motorized trail that will extend across the Olympic Peninsula
connecting Port Townsend to the Pacific Ocean in LaPush. The ODT is included in the US Department
of Interior's, America's Great Outdoors Initiative as well as prioritized in numerous state and local
planning documents. At more than halfway complete it is already a popular local amenity, and through
tourism an important economic driver on the Olympic Peninsula.
Steep slopes, sensitive habitat and the location of US Highway 101 limit this segment of the ODT to a
single viable location. The completed design acknowledges these existing features as well as the need to
construct in concert with the ongoing restoration efforts. Project design/engineering and permitting are
substantially complete with the trail's construction within the shoreline mitigated by the restoration effort.
Design and construction of this segment of the ODT have been made possible through the award of four
Washington State Recreation and Conservation Office (RCO) grants. In order to protect the investment
made by RCO and assure public access, a prerequisite of the RCO grants is that JCPW have adequate
control of the project site in order to construct, operate, and maintain the area for a minimum of 25 years.
RCO "Control and Tenure" may be achieved in numerous ways, in this case WDFW has proposed to
issue either a lease, land use agreement, or easement.
The original Section 6 grant funding utilized by WDFW to purchase the property necessitates USFWS
concurrence before the lease, agreement, or easement can be finalized. WDFW anticipated development
of the ODT as reflected in the 2010 North Olympic Wildlife Area Management Plan. The Section 6 grant
application did as well, as noted in bold below. Furthermore, USFWS has since acknowledged that the
ODT can be located on the identified property. However, for USFWS to provide WDFW the necessary
concurrence, they have requested that Jefferson County create a (trail) Management Plan that describes
how the trail will be managed in accordance with Section 6 guidelines (that were in place at the time).
Specific Section 6 Grant Funding Obiectives:
(Specifying what functions were prioritized with regard to acquisition of this site.)
• Improve quantity, quality and connectivity of 10.9 acres of salt march and nearshore habitat
associated with Snow Creek which provide important salmon rearing, refuge, and transitioning
habitat.
• Reconnect 7.4 acres of salt marsh to existing estuarine intertidal emergent salt marsh habitat.
• Create 0.5 acres of estuarine intertidal emergent habitat with salt water influence.
• Transform the one -acre freshwater Cherry Pond into a 1 -acre pocket estuary and salt marsh.
• Remove fill from 2 acres of marine intertidal habitat and create a stable beach slope.
• Connect up to 1500 lineal feet of tidal channels to the marsh associated with Snow Creek.
• Remove the maximum amount of contaminants, rip -rap, shoreline armoring, creosote and human
industrial debris as possible, including removal of. 1,100 lineal feet of shoreline armoring, 110
lineal feet of creosote railway trestle, a defunct tide gate, creosote piles on the beach, and
concrete building footings on the beach and uplands.
• Remove fill material from the mouths of Snow Creek and from three small fresh -water drainages
at their interface with the Bay increasing their salt marsh and estuarine footprints.
• Remove 3.85 acres of invasive upland vegetation and replace it with native vegetation.
• Remove a defunct drainfield adjacent to Snow Creek.
• Interpretive signs will be posted along the dike top trails to illustrate for the visiting public
the salmon life cycle and habitat restoration techniques.
Existing (pre -trail) Site Condition:
The portion of WDFW property where this segment of the ODT will be located is a narrow strip captured
between US Highway 101 and Discovery Bay, varying in width from approximately 120' to 180'. There
are also three commercial properties within the corridor (MJ Trucking, Lucky Deer Trading Post, JN'K
Train Cars - Pizza, Ice Cream, Coffee). There are an additional 6 or so businesses in the vicinity (located
along the opposite side of US Highway 101). The 2015 average daily traffic (ADT) of US Hwy 101 in
this area (M.P. 281.15) was 12,191 vehicles with 7% truck traffic. The ADT has increased by 4% each
year since 2012. The wide shoulder along US Hwy 101 in this location is also frequently used by passing
motorists/trucks as a rest stop.
http://www.wsdot.wa. og v/mapsdata/traveUpdf/Annual Traffic Report 2015.pdf
Historically this location was home to a major mill community, in operation until the 1970's. The
primary town of Maynard grew around the Maynard Mill as did several other small nearby communities.
There was also the Seattle, Port Angeles & Western Railway, later known as the Olympic Line of the
Chicago Milwaukee St. Paul & Pacific Railway.
Previous phases of restoration have removed numerous buildings, as well as large volumes of wood waste
and fill associated with these past industries. Trestle bridges as well as large portions of the existing
railroad grade have also been removed in locations where they bisected tidelands. This segment of the
ODT (on WDFW property) will be constructed on the remaining (essentially flat) railroad grade. There is
a gravel road/driveway (see photos) currently in this location, as well as an established walking trail
(frequented by bird watchers) which also serves to provide seasonal access for duck hunting. At the
northern extent there is also an existing septic system which serves the JN'K Train Cars (Jafay) property.
Although this trail segment is currently undeveloped, given that the ODT is a through -trail, trail users
currently utilize the route by way of the existing roadway shoulder.
Post Trail Development Site Condition:
Previous restoration phases completed by the North Olympic Salmon Coalition (NOSC) have
significantly changed this site, • eliminating the remains of past industrial and residential development.
Aside from the completion of the interpretive signing and public access components, NOSC has
confirmed that their restoration work has satisfied all of the Section 6 acquisition grant objectives
identified above, as well as additional restoration efforts not included in the Section 6 grant scope. Trail
development within the shoreline was incorporated into and mitigated by the restoration permitting.
As proposed the non -motorized, 10' wide asphalt (with 2' gravel shoulders) Olympic Discovery Trail will
replace existing driveway, road, and/or trail located on historic railroad grade. Construction of this
segment of ODT will not currently provide the intended final through connection. To accommodate
interim public access WSDOT has permitted parking on the existing 16'-0"+ wide US Hwy 101 gravel
shoulder (fully within the WSDOT highway right-of-way). This is intended to be a temporary solution.
As nearby future segments of the ODT are completed an alternative permanent trailhead location will be
identified/developed. At that time access at this currently proposed location will be discouraged.
Vegetation and signage will be discussed below.
Trail Management & Maintenance:
In order to protect the natural function of the property and minimize degradation of the shoreline
property, public access to and from the trail corridor will be limited.
The attached `Exhibit A' highlights the WDFW Snow/Salmon Creek Unit and identifies the fund source
associated with each acquisition. The attached `Exhibit B' focuses in on the Section 6 acquired property
and proposed Olympic Discovery Trail segment.
• Limited Access
`Exhibit B' also divides the proposed Trail segment into five sections based upon those features
which limit access to and from the trail.
Within the proposed 3/ mile trail segment there will be two access points (only one connecting to the
'/z mile stretch located on WDFW, Section 6 property). One will be located at the trail's intersection
with Old Gardiner Road and the other located at the existing WDFW parking area just south of the
Jafay (Train Car) property. Public parking will occur in the vicinity of the latter but be limited by
fencing and signage to the 16'+ wide WSDOT, Hwy 101 gravel shoulder (see photo).
Integral to NOSC's restoration efforts, invasive species (ie. Scotch Broom, Himalayan Blackberry,
etc.) were removed and the shoreline replanted with native plant species (ie. Willow, Nootka Rose,
etc.) intended to shade tideland areas and revegetate a natural buffer to, amongst other things, limit
public access to the shoreline. Maintenance of these plantings is included in NOSC's grant scope(s).
Given the existing fencing (located on WDFW and private property), the restoration revegetation, the
natural vegetation, and other natural features such as mudflats/salt marshes, sloped banks, tidal
channels and topography, the access to and from the trail corridor (as defined by the existing railroad
grade) is already fairly limited. In those locations where additional intervention is necessarily in
order to keep trail users within the trail corridor, signage will be installed. The 2010 North Olympic
Wildlife Area Management Plan supports this strategy in addressing public access by way of the
following excerpt, "establish informational kiosks at appropriate units for explanation of the
permitted uses of the site".
Signage (south to north)
At the proposed southerly trail terminus a `Trail Ends' sign will be installed until such time as the
trail is extended. NOSC has also proposed to install an informational kiosk at this location as a grant
scope item and/or permit condition. JCPW will attach a sign to this kiosk requesting that the public,
`Respect the Environment — Please Stay On The Trail'.
At the trail access point (south of the Jafay property), a `No Motor Vehicles' sign (and bollards) will
be installed. Where the access trail meets the main trail, a project identification sign (project
information & RCO acknowledgment) and again a, `Respect the Environment — Please Stay On The
Trail' sign will both be installed. In this vicinity there is also an existing NOSC informational kiosk
as well as signage stating, `Caution - Mudflats Are Dangerous - Please Keep Off.
One of the conditions of the Jefferson County Substantial Development Permit was that, "the
applicant (NOSC) will work with Kurt Jafay to provide low growth plantings along the shoreline in
front of his parcels such that the current views of Discovery bay are maintained". In this location a
`Respect the Environment — Please Stay On The Trail' sign will also be installed.
At the north end of the Jafay property NOSC has proposed to install another informational kiosk. A
`Respect the Environment — Please Stay On The Trail' sign will be attached in this location as well.
(Just north of this location the trail transitions from WDFW property onto WSDOT Hwy 101 ROW.)
At the trail's intersection with Old Gardiner Road a `No Motor Vehicles' sign (and bollards) will be
installed as well as a `No Parking Anytime' sign. NOSC has also proposed the installation of a third
informational kiosk in this location. Once again a `Respect the Environment — Please Stay On The
Trail' sign will be attached.
Signage may also be installed by WDFW identifying WDFW property boundary.
• Maintenance
Maintenance of the Olympic Discovery Trail is a joint effort between Jefferson County Department
of Public Works and the volunteer efforts of the Peninsula Trail Coalition. Maintenance activities
include pavement management, mowing, vegetation trimming, inspection and maintenance of
associated infrastructure (such as signage, culverts, bridges, soldier pile wall, etc.), brush pick up and
litter control.
2099 Aenal -riolo 8
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since removed via
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TRAIL ACCESS None, Existi
stIORELINE ACCESS Nonu, Mud•I
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EXHIBIT B
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/ County Engineer
67 -
Agenda Date: March 6, 2017
Subject: WA Dept. of Fish it Wildlife (WDFW) Land Use Agreement, for Olympic
Discovery Trail Project, South Discovery Bay - Segment A
Statement of Issue:
The Board is asked to approve the WDFW Land Use Agreement for the Olympic Discovery Trail
(ODT) Project; Segment A, located in South Discovery Bay. This agreement permits Jefferson
County to construct and maintain the ODT on WDFW property and is required by the trail
construction grant funder, the Recreation It Conservation Office (RCO), to establish control
and tenure.
Analysis/Strategic Goals/Pro's £t Con's:
This project is included in the officially adopted 2017-2022 Transportation Improvement
Program and the 2017 Annual Construction Program as Item No. 7. This project will complete
a section of the ODT from Old Gardiner Rd to Salmon Creek.
Fiscal Impact/Cost Benefit Analysis:
This agreement permits the County to construct and maintain improvements on WDFW land.
Construction of this project is funded by RCO grant #12-1250C with local matching funds
previously identified. Costs associated with the WDFW Land Use Agreement are budgeted in
the funding.
Recommendation:
The Board is requested to sign (3) copies of the Construction Agreement and return (3) copies
to Public Works. Public Works will return to the BOCC 1 executed original upon signature by
WDFW.
Department Contact:
John Fleming PE, Project Manager, (360) 385-9217
Review
l
Phffip,- Orley, C unty dministr Date
CONTRACT REVIEW FORM �%—
CONTRACT WITH: WDFW
(Contractor/Consultant)
CONTRACT FOR: WDFW Land Use Agreement TERM• N/A
Olympic Discovery Trail, South Discovery �� 0 8 20,117
Bay - Segment A
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Tina
Person in
AMOUNT: N/A
Public Works
John Fleming PE
(360) 385-9217
RETURN BY: 2/13/2017
Revenue: 33402.73
Expenditure: 180.000.010.59500.65
Matching Funds Required: Yes
Sources(s) of Matching Funds Local Funds
Step 1:
XAPPROVED FORM
Comments
REVIEW BY F
Review by:
Date Reviewed:
PROCESS: X Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Ret coed for revision (See Comments)
Step 2: REVIEW BY PROSECUTI ��TTPRNEY
Review by:
Date Reviewed: /3 z 0 f
APPROVED AS TO FORM Returned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)
Phili
Michael Haas
H:\backup of public P drive\PROJECTS\CR860100 Olympic Discovery Trail ODT\WDFW Land Use Agreement\Contract Review Form-WDFW Land Use
Agreement.docx rev. 6/10/2013
LETTER OF TRANSMITTAL
Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
(360) 385-9160
Monte Reinders, P.E.
Public Works Director/County Engineer
TO: FROM:
Julie Shannon, Executive Secretary I John Fleming PE
Jefferson County Commissioners Office Jefferson County Public Works
1820 Jefferson St 623 Sheridan Street
Port Townsend, WA 98368 Port Townsend, WA 98368
Phone: 360-385-9100 360-385-9217
Fax: 360-385-9234
Date: 5/5/17
We are transmitting the following:
WDFW Land Use Agreement, Olympic Discovery Trail Project, South Discovery Bay, Segment A
Action if required:
We are returning I executed original for your records. Thank you.
This is: [ ] Per your Request
[ ] For your Information
[ ] For your Review & Approval
[ X] For your Files
[ ] For your Action