Loading...
HomeMy WebLinkAbout27 22 JEFFERSON COUNTY STATE OF WASHINGTON In the Matter of Authorizing the Jefferson } County Board of Commissioners to Legally } Bind Jefferson County with Respect to an } RESOLUTION NO. 2 7 2 2 Application for Grant Assistance to the RCO } Project(s)Number(s),and Name(s)RCO#22-1375: Hoh River Resiliency-Lindner Complex Reach This resolution authorizes the person identified below(in Section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS, state grant assistance is requested by our organization to aid in fmancing the cost of the Project(s)referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions)to execute the following documents binding our organization on the above projects: Grant Document Name of Signat ty or?itle of Person Authorized to Sign Grant application(submission thereof) rlf ,i r_,._:i_r,es Program Coordinator Project contact(day-to-day Natural Resour$.es Progrars Coordinator adminrstenng of the grant and L-- communicat ng with the RCO) RCO Grant Agreement(Agreement] N,A Agreement amendments NfA Autha'1Z .-g roper*.y and -ea.,estate N.A documents(Notice of Grant Deed of Right or Assignment of Rights if applicable).These are items that are i typical recorded on the property with the county. The above persons are considered an"authorized representative(s)/agent(s)"for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa. owiw - content/uploads/2019/06/SampleProjAgreement.pdII We understand and acknowledge that if offered an agreement to sign in the future,it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its authorized representative(s)/agent(s)have full legal authority to act and sign on behalf of the organization for their assigned role/document 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to,the grant program and source of funding in the Agreement,the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above,the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall,prior to execution of the Agreement(s),confer with our authorized representative(s)/agent(s)as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s)executes the Agreement(s)with any such revisions,all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s)referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant,we understand our organization must certify the availability of match at least one month before funding approval. In addition,our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office,the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables,grant reports,or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed"Deed of Right"for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which documents will be based upon the Office's standard versions of those documents),to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy,the Agreement, or authorized in writing by the Office Director. 12. [for Development,Renovation,Enhancement,and Restoration Projects Only—If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed,renovated,enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per the Agreement or an amendment thereto. 13. [for Development,Renovation,Enhancement,and Restoration Projects Only—If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed,renovated,enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat,Natural Areas, State Lands Restoration and Enhancement,Riparian Protection, or Urban Wildlife Habitat grant categories;Aquatic Lands Enhancement Account;or the Puget Sound Acquisition and Restoration program,or a Salmon Recovery Funding Board approved grant] Our organization certifies the following:the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties,certifications,promises and ligations set forth herein. This resolution/authorization is sign d piproved on behalf of the resolving body of our organza n by the following au m ber(s): i Signed eidi Eisenhour,Chair rotherton,Member K to Dean,Member Title ye( (Bkv( j COvn rfrti sSrek12 rS J T e- Date: • On File at: -j{ fG►a Coln vc Cap,,{it o This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: T GV"1' vu0S-ein Date: /0�2 a Washington State Attorney General's Office Approved as to form - ' 2/13/2020 Assistant Attorney General Date Regular Agenda 47—N_ 615 Sheridan Street deehson Port Townsend, WA 98368 IT www.JeffersonCountyPublicHealth.org Public HeeCiiii% JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Pinky Feria Mingo,Director,Environmental Health and Water Quality Tami Pokorny,Natural Resources Program Coordinator DATE: June 6,2022 SUBJECT: RESOLUTION re: Authorization to Legally Bind Jefferson County with Respect to an Application for Grant Assistance to the RCO for the Hoh River Resiliency—Lindner Complex Reach Project and related Letter of Support STATEMENT OF ISSUE: Public Health requests approval of a resolution re: Authorizing the Jefferson County Board of Commissioners to Legally Bind Jefferson County with Respect to an Application for Grant Assistance to the RCO for the Hoh River Resiliency—Lindner Complex Reach Project as well as a related letter of support. ANALYSIS: Public Health has initiated a grant application to the Washington Coast Restoration and Resiliency Program(WCRRI: https: rc:r).v,a,gav/grant/washington-coast-restoratic n-and-resiliernc:,-initiative/)for the Hoh River Resiliency—Lindner Complex Reach(design only—no construction, RCO#22-1375) project located in WRIA 20. Its goal is to enhance habitat for salmon, protect public infrastructure from erosion by the mainstem Hoh River, and to provide other community benefits. If the Lindner project is selected for funding, an agreement with the RCO will be submitted to the BoCC for consideration in 2023. As part of the application process,the RCO requires approval of a specifically worded resolution authorizing representatives to execute documents, confirming review of a sample grant agreement, stipulating that any assistance will be used only for appropriate costs on a reimbursement basis, and confirming additional understandings.Also needed is a letter of support for the project from the local elected body. FISCAL IMPACT: The costs for approving this resolution are negligible.No matching contribution is required by the WCRRI Program; however the Hoh Tribe has offered an in-kind contribution of new LiDAR imagery. Community Health Environmental Public Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 RECOMMENDATION: JCPH Management recommends that the BoCC approve the resolution re: Authorizing the Jefferson County Board of Commissioners to Legally Bind Jefferson County with Respect to an Application for Grant Assistance to the RCO for the Hoh River Resiliency—Lindner Complex Reach Project as well as a related letter of support. REVIEWED BY: 1/4Mark McC cy, County Administrator olate Community Health Environmental Public Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 of COMMIS Board of County Commissioners rw�SON oo6'O 1820 Jefferson Street m �, PO Box 1220 �.., Port Townsend, WA 98368 'ISHI NGo Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3 �S. June 6, 2022 Dear WCRRI Review Team, The Jefferson County Board of Commissioners would like to express our enthusiastic support for the Hoh River Resiliency—Lindner Complex Reach project application to the Washington Coast Restoration and Resiliency Initiative(WCRRI).The project's focus is a two-mile-long reach of the Middle Hoh River(River Mile 21-23), including the mainstem, shorelines and existing forested side channels. It will engage engineering consultants and landowners in the Lindner community to develop a final design for placement of engineered logjams(EUs). This phase of the project does not involve any construction activities. EUs are needed to reduce erosion risks to essential public infrastructure and to improve and expand fish habitat.The project will also continue resiliency planning and partnership development in the Hoh River valley more broadly. The proposed Lindner project will mimic the role of natural logjams by identifying locations for EUs to stabilize Lindner forests and side channels and help prevent the need for additional bank armoring in the form of riprap or dolosse.The logjams themselves will improve fish habitat by increasing scour and shade, providing thermal refugia during low water periods, improving spawning success, retaining and enhancing existing off-channel rearing habitat; and improving habitat abundance, complexity and diversity. EUs will be designed to look as natural as possible and sited with careful consideration for boater safety. The Lindner area,accessed from Highway 101 by the Upper Hoh Road, lies within the usual and accustomed hunting, fishing and gathering area for the Hoh Tribe. It is a residential, commercial and agricultural center developed by homestead families in the 1800s and includes the Nikolai Memorial and several local businesses that offer lodging, meals, supplies, services and walking trails, primarily to the hundreds of thousands of tourists to Olympic National Park's Hoh Rainforest upstream.The Lindner reach of the Hoh River is also important to independent recreational boaters and fishers as well as for fishing and scenic river guides and their clients. The proposed Linder project is the highest priority of the non-regulatory and collaboratively-developed Middle Hoh River Resiliency Plan (WCRRI#18-2005; .. ,1 '` •/, „ , =',/- / ). Resiliency planning for 17 river miles began in 2018 in response to expanding erosion-related impacts to the Upper Hoh Road as well the loss of cabins, pasturelands,forested buffers, and productive off-channel fish habitats. Cumulative human impacts, including extensive timber harvest, road building, and bank armoring have over decades altered the natural processes that created and sustained abundant runs of salmon and steelhead in the Hoh River. "Floodplain turnover"—how frequently the mainstem returns to a given area—has increased in recent decades from an average of about once per century to up to five times due largely to the loss of extensive floodplain forests of massive conifer trees and enormous natural logjams.As a result,floodplain vegetation in the Middle Hoh is increasingly dominated by younger willow and alder. I'hoTic 0,, t' - ?100 Fax (360) .h) 9382 jefIllocC(.0.jcfFcrscon.wa.uc, Approximately 150 acres of forested side channels, including young and mature conifers, buffer the Lindner community from the mainstem river. Sandwiched between the Upper Hoh Road and the Lindner side channels is a Jefferson County Public Works road maintenance facility as well as a private homesite and property owned by the Hoh Tribe that was operated as a gas station.The river occupied this area most recently in 1994, and riprap was placed at about that time. The project proposal has received broad, although not unanimous, support from local residents and private landowners. If the grant is awarded, landowners will be invited to participate in the planning process and to provide input on initial conceptual designs representing a comprehensive restoration approach to the reach. Agreements with landowners to accommodate engineered logjam placement and related construction activities will lead to development of initial final design and permit application materials. In other West End and Puget Sound watersheds such as the Upper Quinault, Elwha, and Cispus Rivers, engineered logjams are being used successfully to provide and improve habitat, reduce erosion, and enhance climate resilience. Middle Hoh River Resiliency planning has brought the community together to develop a proactive approach to addressing the challenges linked to the mainstem river and loss of protective side channel habitats. We are eager to see the resulting collaborations continue and succeed in sustaining jobs, quality of life,and traditions that rely upon this world-renown river and its natural habitats. We support the Lindner design project as the logical next step in Hoh River mainstem restoration planning and request that you fund it in the 2023-25 WCRRI cycle. Sincerely, Jefferson County Commissioners )ei lei( R Ka e Dean Heidi Eisenhour,Chair Greg Brotherton District 1 District 2 District 3 2 jn 52 a —,, C"N u W rr co m t.s CV a U r I r It . 'f O I f ® , 411 i� 0 0, ,A, / ', II • C U t _ as j cJ Gb a 711210U1 (. 1 j 0 0 O 17 0 C 4,Ei'41!' _ es � V 1 r C �° J 1 O w CL C u 1-— sir r#2� � U 6 tn — — 1 0 — v I z N :i' -Y. N ' d n G.l 2 1 - I s a O LO C� n w O U c C sll I v r r-, n N U a1 l coZ