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Home My WebLink AboutRe_ The Meadows - Review of the Financial Assurance and Septic System Operations_ Monitoring and Maintenance Agreements (0012)Hi Linda, Were you able to connect with Gary in regard to his question? Were you able to connect with Austin to determine the language you are looking for in regard to the below items? O&M Recitals item #9/#10 - what do you want it to say? Recitals #12 - what do you want it to say? Thank you, Jeff Ashmore - Owner/Broker iPhone 360-531-4131 On Tue, May 28, 2019 at 1:36 PM Gary Ackerman <gary.ackerman@foster.com> wrote: Linda, I just left you a voice mail. I would like to chat with you concerning ownership of the system. I understand that management of the system needs to stay with the PUD but the developer would like to be able to convey ownership of the system to the owners association when it has been completed. We understand getting the security back at that time will not happen although it would seem to be appropriate when and if they are tied into the public system. Gary Gary N. Ackerman ATTORNEY FOSTER PEPPER PLLC 1111 Third Avenue, Suite 3000 Seattle, WA 98101 gary.ackerman@foster.com Tel: 206-447-8956 Fax: 206-749-1901 foster.com From: Linda Atkins [mailto:LAtkins@co.jefferson.wa.us] Sent: Saturday, May 18, 2019 11:15 AM To: Austin Watkins; Jeff Ashmore; Gary Ackerman; Bill Graham Cc: Emma Bolin; Stuart Whitford Subject: The Meadows - Review of the Financial Assurance and Septic System Operations, Monitoring and Maintenance Agreements Attached are my comments and corrections for the Financial Assurance and Septic System Operations, Monitoring and Maintenance Agreements regarding Phase 1 of The Meadows that I received from Jeff Ashmore. I think I responded to the questions you had in the draft you reviewed and I asked a few questions in this draft. For the Operations, Monitoring and Maintenance Agreement an issue is that per #9 and 10 of Recitals the PUD is not agreeing to the management and operation of the community systems as required in the code and the ownership of the project is clearly intended to transfer to a homeowner association. #12 in Recitals states that STO LLC will be entitled to receive funds from the security fund upon termination of its obligations which seems to indicate that when they transfer ownership to the homeowners association they anticipate getting the ‘security fund’ back. This is definitely not the intent. The security fund is specifically intended to be the start for the long term ability to replace the drainfield when it fails, which it will. We have quite a bit of experience in this area with other community systems. For the Financial Assurance Plan it does not appear that any of your comments from the previous draft were incorporated. I am attaching that previous draft for your convenience (doc name starts with Olympic Greens). Regarding #18 Security they have not changed this language for a) I noted that we need information on how this amount was arrived at. Below are the most pertinent sections of the code but I can provide additional sections to support any items of the agreements you need. JCC 8.15.100 COMMUNITY ON-SITE SEWAGE DISPOSAL SYSTEMS (1) Community on-site sewage systems as defined in this chapter shall be designed in accordance with WAC 246-272A, this code and the maintenance criteria as set forth in the current Washington State Department of Health “Design Standards for Large On-Site Sewage Systems,” 1996, and WAC 246-272B or as they may be hereafter amended. (2) Management of community on-site sewage systems shall be by an entity approved by JCPH. If the lots are individually owned the management shall in all cases be provided by a public entity. A homeowners association is not considered an approved entity for the management of a community on-site sewage system. (3) A covenant shall be recorded to the property and shall remain in place for the life of the on-site sewage system or until the on-site sewage system is no longer needed. It shall provide the management entity the following items including but not limited to: a. A legal easement allowing access for construction, operation and maintenance, and repair of the OSS; and b. Identification of an adequate financing mechanism to assure the funding of operation, maintenance, and repair of the OSS. (4) All lots, parcels, or individual connections to a community system shall be equipped with a water meter or other approved method for monitoring flows into the system. (5) Sites proposing community systems shall conform to the minimum land area requirements of WAC 246-272A. (6) All community on-site sewage systems shall provide an annual report to JCPH including the following at a minimum: a. Number of connections to the system and each connection’s design flow. b. Copies of inspection reports consisting of the items identified on forms provided or approved by JCPH per 8.15.150 (10) and completed per 8.15.150 (7). c. Records identifying all maintenance completed on the system components. 8.15.140 OPERATION AND MONITORING SPECIALIST (6) Inspection Reports shall be submitted by the Operations and Monitoring Specialist to JCPH or other authorized agency within thirty (30) days following the inspection. a. The reports shall be submitted in the format and manner prescribed by JCPH. b. Fees shall be charged for each report submitted with the exception of those submitted within 60 days to follow-up on corrections identified in a previous report. c. Fees due to Jefferson County for submittal of inspection reports shall be payable within 30 days of invoice. d. By submitting the report the Operation and Monitoring Specialists affirms that they have performed and accurately reported all current system and site conditions. i. At a minimum, the monitoring inspection shall include a site visit and a visual inspection of all tanks, pump basins, treatment units, disposal area and other components of the system as detailed on the record drawing or site plan on record. e. Maintenance items completed, including those listed in 8.140 (4) b, shall be reported on an inspection report to JCPH in an approved format within thirty (30) days of completion. 8.15.150 OPERATION, MAINTENANCE AND MONITORING (7) On-site Sewage System Inspection Requirements. a. The owner shall assure that the OSS receives a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and any permits: i. At least once every three years for all systems consisting solely of a septic tank and gravity drainfield; ii. Annually for all other systems unless more frequent inspections are specified by these regulations or the local health officer. d. Inspection by a certified O&M Specialist, Licensed Designer or JCPH is required: iii. For community on-site sewage systems. iv. For on-site sewage systems serving commercial enterprises unless authorization is granted to the homeowner for a specific OSS system. v. At the time of sale or transfer of a property, EXCEPT if there is a monitoring inspection on file by a Certified O&M Specialist or Licensed Designer in compliance with the inspection frequency identified in JCC 8.15.150 (7)a. The Monitoring Inspection Report shall be on file with JCPH prior to the sale or transfer. vi. At the time of application for building permit on the property per JCPH Policy 04-01 as adopted or amended. vii. At the time of application for other land use or governmental actions including but not limited to: 1. Land Divisions where an existing OSS is part of the proposal, 2. Conditional Use permit, 3. Boundary Line Adjustment where an existing OSS is part of the proposal. Linda Atkins, R.S. Jefferson County Public Health, Environmental Health 360-385-9444 http://www.co.jefferson.wa.us/202/Public-Health CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. PUBLIC RECORDS ACT NOTICE: All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is exempt from disclosure under state law, including RCW 42.56. nature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=1e100.net; s=20161025; h=x-gm-message-state:mime-version:references:in-reply-to:from:date :message-id:subject:to:cc; bh=QpraedresNsM7UioQ7mAgfse9WWz8V3Y0GmLnNW6prg=; b=kvJRE3R0qlL1x9eH2OvoIfkFvkAQdqY6Zp7Vg2XrAQFiYWrUUORaoN3yEhnhv9pyaT Eu5GIiDHKXjTzyhwUv4g3860JvoKq8r6+qDdA9IEBN/ES3dASKvQ9VHAqVkcC4btq6+u cGho7+++PbWilmM0TMdaBUjFzr4u8OZJwjz7O+G/6QV+kvqf+3LIpaNnfqx2JN/neHK9 lUb3vC9tiYKqBxD3S5X0XTquuacBsjBd+MaszsgYPycpuyoK93s9kil2dBK9n2hYNxMD D2QkBmzV6SvrAlq1K3g6auvA542w03Dp5N3gGdBK3MyQ+cGTiCYSnR89f7Ic/p0EMibI EkeQ== X-Gm-Message-State: APjAAAUdBHu3DKMTuypVvTcXlFRmDo8DXFUw1hqmp0K5FnmnOJDzi213 Si0fwgtDApqkOATK8sHuxU8ARzrVVFc1tT52yeY= X-Google-Smtp-Source: APXvYqw9DjDu5nXsOFdpBOwR16QSACRnREWPxSz8qcwYyDhEaxeWQNBvOxC1Q/q7W4VLrtDL6llnYCMrP2QXK31QVA8= X-Received: by 2002:a2e:124b:: with SMTP id t72mr8807442lje.143.1559684295085; Tue, 04 Jun 2019 14:38:15 -0700 (PDT) MIME-Version: 1.0 References: <4d3d9ea141c443579f7e7e8ee4d299b7@mail2013mbx1.internal.county.domain> <E568360AAE274240ACEDBC00181660EA594730A7@SEAEXCH14.foster.com> In-Reply-To: <E568360AAE274240ACEDBC00181660EA594730A7@SEAEXCH14.foster.com> From: Jeff Ashmore <ashmore.jeff@gmail.com> Date: Tue, 4 Jun 2019 14:38:03 -0700 Message-ID: <CAGNGHcA1go9eUYKuR9Wbmdrg4zC8pRP-wgCByeTb5Wz7bkSL0w@mail.gmail.com> Subject: Re: The Meadows - Review of the Financial Assurance and Septic System Operations, Monitoring and Maintenance Agreements To: Gary Ackerman <gary.ackerman@foster.com> X-ASG-Orig-Subj: Re: The Meadows - Review of the Financial Assurance and Septic System Operations, Monitoring and Maintenance Agreements Cc: Linda Atkins <LAtkins@co.jefferson.wa.us>, Emma Bolin <EBolin@co.jefferson.wa.us>, Stuart Whitford <SWhitford@co.jefferson.wa.us>, Austin Watkins <AWatkins@co.jefferson.wa.us>, Bill Graham <bgraham@jeffpud.org> Content-Type: multipart/alternative; boundary="0000000000005ed217058a864c23" X-BESS-ID: 1559684295-893380-18687-2299-1 X-BESS-VER: 2019.1_20190604.2037 X-BESS-Apparent-Source-IP: 209.85.208.175 X-BESS-Spam-Status: SCORE=0.00 using global scores of QUARANTINE_LEVEL=N/A KILL_LEVEL=5.0 tests=HTML_MESSAGE X-BESS-Spam-Report: Code version 3.2, rules version 3.2.2.214264 [from cloudscan19.us- east-2a.ess.aws.cudaops.com] Rule breakdown below pts rule name description ---- ---------------------- -------------------------------- 0.00 HTML_MESSAGE BODY: HTML included in message X-BESS-Spam-Score: 0.00 X-BESS-BRTS-Status: 1 X-Barracuda-Connect: mail.ess.barracuda.com[209.222.82.151] X-Barracuda-Start-Time: 1559684303 X-Barracuda-URL: https://10.10.14.240:443/cgi-mod/mark.cgi X-Barracuda-BRTS-Status: 1 X-Virus-Scanned: by bsmtpd at co.jefferson.wa.us X-Barracuda-Scan-Msg-Size: 34533 X-Barracuda-Spam-Score: 0.00 X-Barracuda-Spam-Status: No, SCORE=0.00 using global scores of TAG_LEVEL=3.5 QUARANTINE_LEVEL=5.0 KILL_LEVEL=7.0 tests=HTML_MESSAGE X-Barracuda-Spam-Report: Code version 3.2, rules version 3.2.3.72255 Rule breakdown below pts rule name description ---- ---------------------- -------------------------------------------------- 0.00 HTML_MESSAGE BODY: HTML included in message Return-Path: ashmore.jeff@gmail.com X-MS-Exchange-Organization-Network-Message-Id: 154a5083-3f16-43b4-ac07-08d6e934f949 X-MS-Exchange-Organization-AuthSource: mail2013ca1.internal.county.domain X-MS-Exchange-Organization-AuthAs: Anonymous X-EsetId: 37303A2939E5896D637764 X-ESET-AntiSpam: OK;0;whitelist;2019-06-04 14:38:33;1906041438330026;03A5