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y FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (FCAAP) PROJECT EVA LUATION t _ Project Name ?., Applicant y Flood Control Assistance Accounty Program rt :,-... 41 Project Application Scoring/Rating Sheet " i 5a c. F PUBLIC BENEFIT FACTORS Protection of Pr ert f G RATING op y o eneral Interest to Pu blic 6 7 8 9 10 F .a - Number of People Involved L 5 6 7 8 Water Quantity Controlled (Select A or B) 1{ A - Riverine Flooding ' small streams (0-1000 cfs) l 5 6 7 arger streams (greater than 1000 cfs) ' B - Coastal Floodin /Tid l I fl 8 9 10 g a n uence 5 6 7 `- - Disruption of Public Services 0 1 2 3 4 5 6 7 8 9 10 , `. {P - , A PB Total ! 4 t j ,f3 ;c? PRIMARY PROJECT WORK ACTIVITY (Select One) RANK - Channel Capacity 9 NA+ `' Dike Repair 8 ; Channel Alignment 7 Erosion Control 6 Debris Removal 5 Vegetation Management 3 „y Flood Control Machinery G Equipment 2 n Access Repair PB Total x Work Activity Value = Project Total - X = w t ??11?? i d r.,, 6 b^ 1 A? p" W? V .7 9 r e1, t J ? '? ? ,L i ?U •0. ? ? ? t ` ` rr ? FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (FCAAP) PROJECT EVALUATION 4} Project Name - -t Applicant t + Flood Control Assistance ASS2ugTy Program '$ Project Application Scoring/Rating Sheet PUBLIC BENEFIT FACTORS RATING h - Protection of Property of General Interest to Pu blic 6 7 8 9 10 -- ?. Number of People Involved 4 5 6 7 8 -, '? Water Quantity Controlled (Select A or 8) - „- A - Riverine Flooding - a? small streams (0-1000 cfs) 5 6 7 - larger streams (greater than 1000 cfs) 8 9 10 _ B - Coastal Flooding/Tidal Influence 5 6 7 Disruption of Public Services 0 1 2 3 4 5 6 7 8 9 10 f PB Total R PRIMARY PROJECT WORK ACTIVITY (Select One) RANK ak' A t.- Channel Capacity 9 ' f ?' Dike Repair 8 f Channel Alignment 7 W w Erosion Control 6 , Debris Removal ----- -- 5 J Vegetation Management Flood Control Machinery L Equipment Access Repair 2 1 IP PB Total x Work Activity Value = Project Total X n? k 14 0,10 a?wr?a ?R.7 ?9t?? r L6 A r 1 iJ ' u s k 1 ? 1?t rr g ? i 1 f ? ' IY?? tf, r Xr a 1S ?.? q q t+ h i Flood Control Assistance Accounty Program Project Application Scoring Rating Sheet PUBLIC BENEFIT FACTORS - Protection of Property of General Interest to Public Number of People Involved Water Quantity Controlled (Select A or B) A - Riverine Flooding . small streams (0-1000 cfs) . larger streams (greater than 1000 cfs) B - Coastal Flooding/Tidal Influenca - Disruption of Public Services RATING - 678910 45678 -567, 8910 -567 0 1 2 3 4 5 6 7 8 9 10 PB Total PRIMARY PROJECT WORK ACTIVITY (Select One) RANK Channel Capacity 9 Dike Repair 8 Channel Alignment 7 Erosion Control 6 Debris Removal ----- -• 5 Vegetation Management 3 Flood Control Machinery t Equipment 2 Access Repair 1 PB Total x Work Activity Value = Project Total = 3 fn S s s I FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (FCAAP) PROJECT EVALUATION Project Name Applicant Flood Control Assistance Account Program Project Application Scoring Rating Sheet 1 „4 PUBLIC BENEFIT FACTORS RATING Protection of Property of General Interest to Public 6 7 8 9 10 Number of People Involved --- 4 5 6 7 8 Water Quantity Controlled (Select A or B) A - Riverine Flooding - - small streams (0-1000 cfs) 5 6 7 larger streams (greater than 1000 cfs) 8 9 10 B - Coastal Flooding/Tidal Influence 5 6 7 Disruption of Public Services 0 1 2 3 4 5 6 7 8 9 10 PB Total PRIMARY PROJECT WORK ACTIVITY (Select One) RANK Channel Capacity 9 Dike Repair 8 Channel Alignment 7 Erosion Control 6 Debris Removal ---- - 5 Vegetation Management 3 Flood Control Machinery G Equipment 2 Access Repair I PB Total x Work Activity Value - Project Total X = r is ?a I. i k STATE OF WASHINGTON. GRANT No. E b DATE' RECEIVED DEPARTMENT OF ECOLOGY ',jECOIAGY USE ONLY) n . ?y? IBB9 a?y APPLICATION FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM ' (Chapter 86.26 RCW) r ;'. R. . COUNTY PRIORITY RATING OF ? »S 1. APPLICANT a. Name of Entity b. Department/Division C Addres . s Count d y . e. Telephone No. f. Contact Person 2. COUNTY ENGINEER a Name . Address b . Phone No c . . 3. PROJECT a Title ' b. Location: Water Body Section Township Range Note: Attach detailed plans, construction drawings, vicinitymaps & general plan. 4. TYPE OF GRANT a. Comprehensive Flood Control Management Plan b. Nonemergency Project c. Emergency Project 5. TOTAL ESTIMATED COST $ Attach detailed breakdown of estimated costs. 6. TOTAL STATE FUNDS REQUESTED $ 7. SOURCE OF LOCAL MATCH general obligation funds ( ) cash ( ) revenue bonds/ certificates ( ) other ( ) 6. PROJECT DURATION FROM: To: _ LCY 010-10 r?yNh t fib r ? v , 1 14 r.?? ? ) ? l Y ? ?+ l p 7 irk t ?, , G ' t 7 7 Y )?7 re 1.. r e ii?. e 7 9. FLOOD FREQUENCY PROTELflON PROVIDED BY PROJECT FACILtfY Prior Year Flood Frequency - Present _._ Year Flood Frequency Future Year Flood Frequency Not Applicable _ 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated Preparation underway Completed Anticipated completion date 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES ( 1 NO ( ) (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending ( 1 date received_.__ preliminary consultation ( ) Yes ( 1 no ( I NA ( ) ..•--••°.°--°--•°°.°_....._°---°° ..................•-----•_._...__......_.__.__._..._.._............._............. b. CORPS PERMIT pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA ( ) ... ......................•-•••-••°••.......-•°--•-•-"-•-•---••-----•-•-••-•-•-••---•--...................__._._........ . c. SHORELINE PERMIT pending ( 1 date received preliminary consultation ( 1 yes ( 1 no ( ) NA ( ) ................................................................................ d. WATER QUALITY CERTIFICATION pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA ( ? ..-•• .....................•.............°-.._..---•----................---...._....._..-----__.................-------..... e. FLOOD CONTROL ZONE PERMIT pending ( 1 date received preliminary consultation ( ) yes ( 1 no ( ) NA ( ) .-' ...............................................................................................................•---..._.. t. OTHER (list) pending ( I date received- preliminary consultation ( 1 yes ( ? no ( ) NA ( ? 14. SIGNATURE of authorized representative of APPLICANT Date ?. SIGNATURE of authorized representative of COUNTY ((f different from above) -------Date -. - °-- PROJECT TITLE PROJECT DESCRIPTION BID ITEMS # UNITS QUANTITY UNIT COST COST TOTAL BID ITEMS COST DESIGN PRE-ENGINEERING ADMINISTRATIVE COSTS INSPECTION FEE MISCELLANEOUS SALES TAX TOTAL PROJECT COST # (attach additional sheets If necessary.) 3 s e' n,X r Qr r' x 1 r I? ? j Iii ("1 t lyi ?? ' ?? iq# a TATE OF WASHINGTON DEPARTMENT OF ECOLOGY APPLICATION v T GRANT NO. DATE!, RECEIVED (ECOLOGY USE ONLY). .. { FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (Chapter 86.26 RCW) COUNTY PRIORITY RATING OF t 1. APPLICANT a. Name of Entity b. Department/Division C. Address d Count . y e. Telephone No. f. Contact Person _ 2. COUNTY ENGINEER a Name . b Address . c Phone No . . 3. PROJECT a Title . b. Location: Water Body Section Township Range Note: Attach detailed plans, construction drawings, vicinity maps & general plan. 4. TYPE OF GRANT a. Comprehensive Flood Control Management Plan b. Nonemergency Project c. Emergency Project 5. TOTAL ESTIMATED COST $ Attach detailed breakdown of estimated costs. 6. TOTAL STATE FUNDS REQUESTED $ 7. SOURCE OF LOCAL MATCH general obligation funds ( 1 cash ( 1 revenue bonds/ certificates ( other ( 1 8. PROJECT DURATION FROM: To: ?- -- ..- - I:CY 0 70- 10 K, l 1' 8 n i• tl I ?? Aa?S 9. FLOOD FREQUENCY PROTE ION PROVIDED BY PROJECT FACILITY Prior Year Flood Frequency Present __ __ Year Flood Frequency Future --Year Flood Frequency Not Applicable 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated _ Preparation underway Completed __ Anticipated completion date 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES ( 1 NO ( 1 (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending ( ) date received -....... preliminary consultation ( ) yes ( ) no ( I NA: ( ) b. CORPS PERMIT pending ( I date received- ..--_-_.---preliminary consultation ( ) yes ( I no ( ) NA ( I c. SHORELINE PERMIT pending ( I date received preliminary consultation ( ) yes 1 1 no ( ) NA ( 1 ......................................° •--• •------------° •--•--------..___ __.... _._ _.................................... d. WATER QUALITY CERTIFICATION pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA ( I ....................... ................................ ..................................................................... e. FLOOD CONTROL ZONE PERMIT pending ( I date received--- preliminary consultation ( I yes ( ) no ( I NA ( I ............................................................'•--..._..._.._-...................-•----•----..._.............. f. OTHER (list) pending ( ) data received!_ .__. - . ____ preliminary consultation ( 1 yes ( 1 no ( ) NA ( 1 14, SIGNATURE of authorized representative of APPLICANT Date _ SIGNATURE of authorized representative of COUNTY (if different from above) Date _ fir. ..????. .. v } ? . ,? v. ?I ? I ?I ? '? ? iq '?? '? T47M1h mw+$?5?i 'R,Ti M`?Yxbr 5 '?fl .?r r •,>n. k d M '?la itt? ?„c a. f ?j19 k i ? ,r l5 ti',r I a .?.dd 11 1 .7 a I. ,Merest J ? a eJ. ?I I Y lv ? yl ?t?l - JM1t?Q.. ? 1: I PROJECT TITLE PROJECT DESCRIPTION BID ITEMS # UNITS QUANTITY UNIT COST COST TOTAL BID ITEMS COST DESIGN PRE-ENGINEERING ADMINISTRATIVE COSTS INSPECTION FEE _ MISCELLANEOUS SALES TAX TOTAL PROJECT COST # (attach additional sheets if necessary.) 3 a tea: ,; ?aE aTATg o b 6 - S ?N 4 ? ,..,TATE OF WASHINGTON. GRAWtio. DEPARTMENT OF ECOLOGY DaTa'RI ci=lvr n t(ECOLOOY USE ONLY), APPLICATION FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (Chapter 86.26 RCW) COUNTY PRIORITY RATING OF 1. APPLICANT a. Name of Entity b. Department/Division c. Address d. County e. Telephone No. f. Contact Person 2. COUNTY ENGINEER a. Name b. Address c. Phone No. 3. PROJECT a. Title b. Location: Water Body Section Township Range Note: Attach detailed plans, construction drawings, vicinitymaps & general plan. 4. TYPE OF GRANT a. Comprehensive Flood Control Management Plan b, Nonemergency Project c. Emergency Project 5. TOTAL ESTIMATED COST $ Attach detailed breakdown of estimated costs. 6. TOTAL STATE FUNDS REQUESTED $ 7. SOURCE OF LOCAL MATCH general obligation funds ( ) cash ( ) revenue bonds/ certificates ( ) other ( ) 6. PROJECT DURATION FROM: To: ECY OJe-)e 6¢ ?q?shR r r ? ?h4 i ! ?. I F i ? ?. . ? rsu? $ ? p Im ' "bdf4 N :? ti? IC ?. G h t rd, !II , '' ? t ? t 'e 1 i 4 Or" x , Z , r' a t ,4 W It 13111 a. FLOOD FREQUENCY PRO r et, r ION PROVIDED BY PROJECT FACILI rY Prior Year Flood Frequency - Present --Year Flood Frequency Future Year Flood Frequency Not Applicable 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated Preparation underway Completed _ Anticipated completion date 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES 1 1 NO ( ) (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending ( ) date received___ preliminary consultation 1 I yes ( I no ( I NA ( ) --^.................°......^ .............................................."'_..._..............__ ....................... b. CORPS PERMIT pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA ( ) . ......................................................°-...................---° ---...........---°-°-................... c. SHORELINE PERMIT pending ( 1 date received preliminary consultation ( 1 yes ( ) no ( ) NA ( ) .................................................°°.°.......°.......... ..............................°--............. d. WATER QUALITY CERTIFICATION pending ( ) date received preliminary consultation ( ) yes ( I no ( ) NA ( ) ............................................... I................................ ............................................ a. FLOOD CONTROL ZONE PERMIT pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA ( ) .. ................................................................................... ...................................... I. OTHER (list) pending ( ) date received ___ __ preliminary consultation ( ) yes ( ) no ( ) NA ( ) 14. SIGNATURE of authorized representative of APPLICANT Date --- SIGNATURE of authorized representative of COUNTY (if different from above) Date 9 r ;. • s o yr 'Jn'r?*{p, rwµµr?? w ,w;;o ay Nora tl ?' StP a i?'? M+n„vd xaN.?w aN+r"r wa r k 'F, -ter- nwm ;y w77m ni" ,. 1 f y ,Irti f l_15 ?p P ,S' I .. yy iY 1 r 1 f tl r Ay,+? . ?? 111 YI- , l 1 ' ?1 f _ . 4 l 1 ry{ J ? F )5 I 1 1` 1 5 ? f a: 1 ?l 3t 1 _ q r 1 F?+ r ? _ y i IBBUDGGEET11 NFORMATION PROJECT TITLE PROJECT DESCRIPTION BID ITEMS iE UNITS QUANTITY UNIT COST COST TOTAL BID ITEMS COST I I DESIGN PRE-ENGINEERING ADMINISTRATIVE COSTS INSPECTION FEE MISCELLANEOUS SALES TAX TOTAL PROJECT COST * (attach additional shoots if necessary.) 3 , ?jt La ? rrlt t - sy " '?r? 4 r T ?W Ate:,. ? Y? i I - STAT n rlr `?a? -,TATE OF WASHINGTON. it No, e DEPARTMENT OF ECOLOGY dare RECEIJea N m ',(ECOLOGY USE ONLY), 'iy'l IBB9 aCY APPLICATION { FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM { Q (Chapter 86.26 RCW)Y COUNTY PRIORITY RATING OF } -, 1. APPLICANT a. Name of Entity b. Department/Division c. Address d. County e. Telephone No. f. Contact Person 2. COUNTY ENGINEER a. Name b. Address c. Phone No. 3. PROJECT a. Title b. Location: Water Body Section Township Range Note: Attach detailed plans, construction drawings, vicinitymaps & general plan. 4. TYPE OF GRANT a. Comprehensive Flood Control Management Pian b. Nonemergency Project c. Emergency Project 5, TOTAL ESTIMATED COST $ Attach detailed breakdown of estimated costs. 6. TOTAL STATE FUNDS REQUESTED $ 7. SOURCE OF LOCAL MATCH general obligation funds ( ) cash ( ) revenue bonds/ certificates ( ) other 8. PROJECT DURATION FROM: To: LCY 030-10 ?r e y 9. FLOOD FREQUENCY PROTEC(ION PROVIDED BY PROJECT FACILtfY Prior Year Flood Frequency Present __ Year Flood Frequency Future Year Flood Frequency Not Applicable _ 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated Preparation underway Completed Anticipated completion date _ 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES i ) NO ( 1 (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending ( ) date received -.---___ .. .. ... preliminary consultation ( ) ................Yes I ) ..__..._...._..°no°( .? NA ._....°_.•--, ( 1 ....... b. CORPS PERMIT pending ( ) date received ---- preliminary consultation ( ) yes ( ) no ( ) NA ( 1 ..•.....• ................•............--------....-•--------_.---•-....._°••-•-- c. SHORELINE PERMIT pending 1 date received preliminary consultation 1 1 yes ( 1 no ( ) NA ( ) ................................................................................ .......................................... d. WATER QUALITY CERTIFICATION pending ( 1 date received preliminary consultation ( ) yes ( ) no 1 ) NA ( ) ............................................... I............................................................................ e. FLOOD CONTROL ZONE PERMIT pending ( ) date received preliminary consultation ( ) yes ( ? no ( ) NA .. .........................................................•---..........•.•. ............ f. OTHER (list) pending ( 1 date received-.-.-._-- preliminary consultation 1 1 yes ( 1 no ( ) NA 1 ) 14. SIGNATURE of authorized representative of APPLICANT - - - - - Date SIGNATURE of authorized representative of COUNTY (if different from above) -- _ _ .. °--- - --- Date r G TOTAL BID ITEMS COST DESIGN PRE-ENGINEERING ADMINISTRATIVE COSTS INSPECTION FEE MISCELLANEOUS SALES TAX TOTAL PROJECT COST * (attach additional sheets If necassarV.) 3 4 ''?`? r ±??? 7 k ??, a r:pil V ,34s s ?s , ? l 1 ` f - 1 11 d 1 ` J? 4" • J I /i 1 G yr vrR,rylNU l UN'. o b = DEPARTMENT OF ECOLOGY ?yl 1889 a?Y APPLICATION FLOOD CONTROL ASSISTANCE ACCOUN' (Chapter 86.26 RCW) 'GRANT NO. VATZ RECEIVED ,tECOLOGY USE ONLY) r PROGRAM COUNTY PRIORITY RATING OF 1. APPLICANT a. Name of Entity b. Department/Division r,. Address d. County e. Telephone No. f. Contact Person 2. COUNTY ENGINEER a. Name b. Address c. Phone No. 3. PROJECT a. Title b. Location: Water Body Section Township Range Note: Attach detailed plans, construction drawings, vicinitymaps & general plan. 4. TYPE OF GRANT a. Comprehensive Flood Control Management Plan b. Nonemergency Project c. Emergency Project 5. TOTAL ESTIMATED COST $ Attach detailed breakdown of estimated costs. 6. TOTAL STATE FUNDS REQUESTED $ 7. SOURCE OF LOCAL MATCH general obligation funds ( ? cash ( ) revenue bonds/ certificates ( ) other ( ) 8. PROJECT DURATION FROM: To: ECY 070-10 1 ;tit' i r mpr 17 , u? 5 ?.G t '?t+ca •?j } -d 9. I FLOOD FREQUENCY PROTEL(ION PROVIDED BY PROJECT FACILsI•Y Prior Year Flood Frequency Present ___ Year Flood Frequency Future Year Flood Frequency Not Applicable - 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated - Preparation underway Completed Anticipated completion date _ 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES ( ) NO ( ) (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending ( ) date received-.-.- preliminary consultation ( ) yes ( ) no ( 1 NA ( ) ..-•-'-------°° ..............................•-•---.._._.._.._..._°•---°_•__--'--'__"---°•___..__....._._..._._.._.. . . b. CORPS PERMIT pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA ( 1 ....--•-°---_...__._._.._. _ ..............................•---...._°.. c. SHORELINE PERMIT pending ) date received preliminary consultation ( ) yes ( 1 no ( ) NA ( ) °----...-------°---._.._..------......--•--.....----_.._..._._ ....................... ......................................... d. WATER QUALITY CERTIFICATION pending ( ) date received preliminary consultation ( ) yes ( 1 no ( ) NA ( 1 _°_---................................................................................... ° .............................. • a. FLOOD CONTROL ZONE PERMIT pending ( 1 date receivers preliminary consultation ( ) yes 1 1 no ( ) ............................................................................................................. .......................................................................•--'--'..._._.....--••-- NA ............... ............... f. OTHER (list) pending ( I date received- preliminary consultation ( 1 yes ( 1 no ( 1 NA ( I 14. SIGNATURE of authorized representative of APPLICANT --- ---- - Date SIGNATURE of authorized representative of COUNTY (if different from above) ---- - - Date w rs f; "d' „.a a ?. s ? t. t >7 ut ? + ?rF,?k 's ,?, : "?k1p/`aF?arsa+f",f?•'?y"r'? ^? t?w''!?? ti)t1k°"e' rs?l l r ?` ? 'W f ?? 5 i J N i t I ?' 4 ?a a v t .? ? y TOTAL BID ITEMS COST DESIGN PRE-ENGINEERING ADMINISTRATIVE COSTS INSPECTION FEE MISCELLANEOUS SALES TAX TOTAL PROJECT COST * (attach additional sheeu if necessary.) ? 1 1Ti? ? F e "t' ?f ' ? ?.?'?ly?P ?1?? ?? t ?- {?'- {?" 4? 1{)k f ?? 4??. ? ? n ? ;i??? r? ? sx ?? t i t?t ?2 ? fat ??t _ Tr >a ?. -?.;4 ? a,, -. ? n ? G„ m ?. f ?= i ? ( ? ? 7 ?',?? ,.. r ? ? ?{ ? r ? ? ?a?r? ._ } r ? ._ _ ?? d ?' ?,? ? F ? F >?._ ? y . ,, } ? r,y ??J t ?#? ?,a x ? ?? ti.J ?W? ? ? f r ? , r?k r, ?, t x ? {a ? ? ? t, rr Mq ` "y ? " "c s L ? t r t.. r ?? i ?, ,?" ? ? e i ? ? ?>? ? r,: ?? t 4:? 7 ? (? ? ((( 9? L r • ? ,? * ti ',Y ?t'??1 L ?' ,t ` r Y Y i . ?.? c. ? -, }II??.M ,?_? t _ Y 7P! r .?. '?'3YG T lr, ? ? t rii` r a ...-t -a ,. C. ?? { ?<. ? r?%n ?, ? ? .? ?. ? icy W tj? ??'?4? A'( ?`' t ? r i ?. ?p ? - f L ? & .u ',? t? ? ?? a a' d? + u _ ti i T I ? iP.{? ?7?F? ? 1 ? ? ?? ? + y`??4?? i ?? ? to ??? ? r ? ? ? r ?d? ??,P?S,'?jLi y'?'?r1?-??i ?'?? ? 1 ,' `??ck t f. P i d f _ ? ti i ? s r d? ?` ` i ? l ' 1 7'?' s x ????? { ? s t? 1 ? 1e, .w "? CY P;y.? YS v4 ?q yi' ? IC i t i i ? 1? ?? ?i?' F a....,......_.............. r :+ iu?. ..d.a, "t i.a.?d,n 4nr fit. .. 4 k.. TO, (Name, office symbol, room number, building, Agency/Post) 1. Initials) Date 4. OP . r AAAJ i. IAVI u 1r 4 OY -CO 9 s. ion File Note and Return rovai i For Clearance Per Conversation ' Re uested ' For Correction Prepare Reply 1 cuiate For Your Information See Me mment Investigate Signature ordination Justify v REMARKS t• ??o ? e gyros-mow.. p44 Z• v??c;?.o Skl%X UNA DO NOT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions FROM: ame, org. sy boll Agency/Post) 1 Room No: Bldg. .} o e No? ?1- 1 OPTIONAL FORM 41 (Rev. 7-76) /necribed by GSA MIAN Nl CFlO 101-11.206 o U.S. GOVERNMENT PRINTING OFFICE 1 1092 0 - 761-529 (215) ?T f? ?a? ? C ?_ k ? + A F R ? ' r 1 F y7N . 1 t ?.F { P l ' ? * X k rk5 b F T `,G ?? r r 1 r? i Date ROUTING AND TRANSMITTAL SLIP ' •'AL ?Y _?,d???ua: .,???51 i %:::'S'.A?s,1,?+???A3'Ffe: ??'?I .!Y .""SM :: fp':r?p Y9Aa'?°'?4 ? !$. , ??a1 ' TABLE OF CONTENTS BANK EROSION / SELF-HELP BROCHUR E. s, 1. INTRODUCTION 1. s ' 11. FEDERAL ASSISTANCE AVAILABLE 3 " 111. UNDERSTANDING STREAMBANK z ; EROSION 6 -, IV. PLANNING CONSIDERATIONS 7 A. PLANNING PROCESS S. PERMIT REQUIREMENTS 9 ?f 777- V. CONSTRUCTION MEASURES - ADVANTAGES, DISADVANTAGES, COSTS 11 ROCK RIPRAP PROTECTION - :•'•:":' FULL BANK 11 ROCK RIPRAP PROTECTION - BANKLINE AND WINDROW" REVETMENTS 13 49 ?? -Ui a ..a =.. r'?'t??e :.?,.?m.?4t?s'??'.. _ ?• ?.? s.' ? a?ircte, s... .?,t,. ? ! .., .. 1± _ S.Fvr?.. T?; V rx4.N?4 . '?,? . _ ' ,.x . r SHORT ROCK JETTY HARDPOINTS 17 TREE RETARDS 19 ROCK-FILLED WIRE BASKETS 21 i VEGETATION 23 r OLD TIRE MATS 25 FENCE JETTIES (WOOD AND WIRE) 27 i. TIMBER CRIBS 29 4 }. V1. GLOSSARY 31 UT 1. INTRODUCTION Stabilizing banks of meandering streams and rivers can be a major problem. Where bank cutting may cause severe damage to property or loss of valuable farmland, the problem may require attention. The Rock Island District recently conducted a study to determine the feasibility of providing bank erosion control measures along the Des Moines River In Iowa and Missouri. This self-help brochure has been prepared as a result of this study to provide technical guldance to local government officials and landowners Interested In constructing bank erosion control measures. Work In the "Maters of the United States" requires a permit from the Corps of Engineers. Each case Is reviewed by State and federal agencies concerned, especially for environmental considerations. Certain bank protection measures may be more suitable than others from an environmental view. Early coordination with the Corps of Engineers may help avoid environmental problems. 7. 77 QP1 b. ti. - ti tii4 V .+? r 2" t 1? ?l C F , ? ? 1 t I ` ? ., ,? _ i i+ ?l 1 1r`? ? ?££[[11yy47 ? ? 1 I i r 4F - _ _. _ . -».,?,_ .u.? ?_'_a_.a?a - - t i _,.1....... _ . , y. ? J... ? a.. mvn < .,.. . arL, -.N _p C [I. FEDERAL ASSISTANCE AVAILABLE p? } In most cases, help from the Corps of Engineers is limited to technical assistance. In a v cases where bank erosion endangers bridges, essential public facilities, and non-public facilities that provide non-profit public services, Federal participation in the funding of remedial action Is possible. _ EMERGENCY STREAMSAW PROTECTION Congress has given direct authority to the Chief of Engineers to authorize and fund certain projects granted in Section 14 of the 1946 Flood Control Act. This direct 7y authority allows a more prompt analysis of local problems. It also provides the basis for Federal participation In the funding of a project. Each project undertaken under the special authority must be complete In Itself. It must <y-- be economically justified, which moans that the benefits received must exceed the cosi• of -' planning, design, and construction. } v A Federal limitation cost has been established for projects under this direct authority. -? %• The current limitation Is $250,000 per project. . ,y When damage or danger of structural damage to essential public facilities, bridges, or non-public facilities that provide non-profit public services occurs, the process for Federal support Includes: 1 * Local entitles request help from the Corps of Engineers by writing to the District •j . Engineer at the Rock Island District Office. ` A field Inspection by technical personnel evaluates the severity of the problem. ` A reconnaissance report Is prepared. This is a letter report addressing the y, ? problem, the economic feasibility of a solution, and the environmental Impact of '. any proposed action. If the proposed solution Is environmentally acceptable, ' economically feasible, and sponsored by appropriate local Interests, the District , y Engineer my request Federal support. t .. ??? z v.f 4 ; "4 • The local sponsor must agree to furnish lands required for the project and c participate In the cost-sharing of the design and construction of the project, and w provide the maintenance of the completed project. rv `s'u k P th Chi f D t ti f • E on, e e o mergency an ro ec Under the spacial Continuing Authority for d t t h i d E i ) S PS t ?w ' owever, epen en ng s, s neers my assign funds. (Funding of these projec A upon annual budget constraints.) l • If budget conditions are favorable, funds may be assigned for the proposed str b k si l ti ' eam an ero on so u on. v r ? -? Y • Average time to plan and construct a project Is two years, although, In extreme ?+'?9t P7 NCrc 1 V ;? ? emergency situations the ties frame Is reduced to six months. y. ':` ^ ??;<rMb'R;'RGS37?dIWztl 3 a t { TECHNICAL ASSISTANCE _ C Evan though Federal participation In construction of erosion-control measures may not be f5 '.f economically justified, or the authority not available for private property protection , , the Corps of Engineers Is available to provide technical assistance. The Information r F presented in this brochure on alternative measures for abating streambank erosion may require additi l t h i ' ona ec n cal assistance. Ram , syend District personnel are available to help explain these measures more fully, but a private engineering consultant firm would be - required for the design and construction of the project. Hopefully, In those Instances when technical assistance, local Initiative, and minimum resources are combined, a solution to bank erosion probl ens can be found. g tl _ o? r ci Aa?+' I 1 . I r1 i, Ili. UNDERSTANDING STREAMBANK EROSION Tat The control of the Interrelated forces causing streambank erosion is very difficult. Over the last century, many of the great rivers In this country have been studied In an attempt • to develop them for navigation, power, water supply, and Irrigation. But even with this concentrated study of rivers, engineers cannot consistently predict the behavior of a river at any given location from a cursory examination. To reliably determine the ' specific behavior of a given river reach, It would be necessary to conduct expensive J ?11 f physical model tests. The expense Involved In these kinds of tests usually preclude their t p"'ql 1 - , use In all but the largest projects. However, full scale experimentation and testing on the stream Itself Is another form of modeling which can be very effective, and this "trial , •t and error" approach Is often used to solve bank erosion problems. An experienced engineer _ can often diagnose and prescribe one or more workable solutions to an erosion problem. But costs generally preclude the use of the "best" solution, and the use of alternate and - - Inferior solutions wi l l reduce the chances of success. However, there are cases where i . ,•+..a. .l minimal erosion control measures have succeeded but there are also cases where substantial - - erosion control measures have failed. An Individual embarking on a bank erosion control project should be aware of the risks Involved, and that even with the best advice, factors and conditions my exist and be overlooked or be created by the construction works which could result In an unsuccessful project. In attempting to control or modify the nature of a river the environment must be considered. Unfortunately, environmental studies have been quite limited regarding the possible Impacts of streambank erosion control measures on the aquatic and terrestrial ecosystems of streams. Future studies nay Indicate that certain structural measures may be detrimental to the stream environment. If such studies so Indicate, It may mean that certain structures will no longer be approved for construction and/or maintenance. Summarized below are some Important facts an Individual property owner should know before 1 beginning a bank erosion control project: • The river forces contributing to bank erosion and natural meandering of rivers are powerful and persistent forces that are difficult to doter. • Positive control of these forces generally require substantial structures lye. Involving significant Investment ' M v t:-• ^?s• • Other than expensive model testing, the most effective remodial measures can best a .cur be determined by the judgment of an engineer who has had experience with bank • erosion problems. - It? ": ? • Because Individuals generally have limited funds to spend on bank erosion control '?• •+ projects, they ere forced to construct minimal projects. These efforts are quite frequently not sufficient to arrest the bank erosion. • Future environmental studies may dictate that certain structures will not be approved for construction and/or ma lntenance. FL.,_ „ S ` oiT '9?f? 1 .ia 1'W'><'4?}r a6? ' f?ll+Y14" ..??.,ryM y.,•4'n n 4A.?".lY.?1??a?'t4 1 41 77 1 rl , FI °, , Ct ? t s ;l.F Yr, t 5 1 ly 1 11 f xb? •I t? ... FOR i A. PLANNING PROCESS Define the problem - The factors affecting streambank erosion are the orientation of the streambank, the velocity and depth of the river, and the soil composition of the streambank. An Individual assessment of each particular situation should consider the 771, type of erosion being dealt with, the types of protection that would best remedy the _.I situation, the value of the property In jeopardy, and the cost of the structures needed. Selecting a Plan of Protection - Many alternative measures have been used with varying fr? degrees of success. Sometimes a "do-nothing" approach may be acceptable. In these cases, minor relocation of the threatened facilities Is the apparent solution. Sometimes, a channel relocation is the apparent solution. Generally, however, this causes similar +--..-? problems elsewhere. Solutions for erosion prevention fall Into two categories. One Is the physical protection of the bank by use of rock referred to as riprap, snowfence, or various types of mats. The second category Involves river works designed to deflect the current and/or produce sediment deposits. These measures Include constructing wing dams, Jetties, permeable retards, and brush cabled to the bank. The cost of a structure, the risk and consequence of failure, and the materials available will determine the type of structure and its construction details. The availability of materials will dictate the type of structure and Its cost. For example, the lack of stone within economic hauling distance would require the use of some other material. Some materials are very good, I.e., quarried stone, Interlocking steel pile and creosoted wood timbers. Some materials may not be as acceptable such as junk cars, old tires, and thin concrete slabs. Between these extremes Is a range of materials that can be used if care, discretion, and ingenuity are applied to produce a more durable structure. Materials can be used In conjunction with other materials, for Instance, wire fencing and stones; or quarried stone, cloth bags and grout; or steel sheet piles and quarried stone. The life of the structure also dictates Its type. Obviously, an untreated timber structure should not be Installed whore a structure Is designed to last 50 years. Conversely, a permanent rubble-mound structure would not be required It the need for protection was of an expedient nature. The durability of the strurture and Its ability to absorb hydraulic forces Is also a factor. The Corps prefers and recommends that permanent protective works be built, but understands that private Owners usually cannot afford the large cost. This means there troy have to be departures from the standard designs for permanent protective works to provide some degree of protection against erosion. This will tend to decrease the first cost of construction; - however, higher maintenance cost and reduced functional life will follow. The danger here Is to underdoslgn the work and risk total failure. Close attention to the construction and ma intonance guidelines on this page are needed to minimize losses. Bulldlnn Protective Works - Timel lnoss Is the essence of the successful construction of shore protection measures. The best time to build protective work Is during low-water periods. Adequate time Is needed for an Indepth study of the problem. v a- ' y. 5 lay F1•'?+ 1 $1 r 4i T 7 ? 1 A I} I? ?.h f W -. The final design of protective works can proceed once the general plan of protection has been selected. The final plan should Include a layout drawing, construction details, and materials specifications. A complete alignment of the structure should be established as early as possible. Advantage should be taken of adjacent shore protection works If possible. Enough room should be provided for the specified minimum slopes If building a structure to protect the lower slopes of a streambank, known as a revetment. As soon as the alignment Is established, quantities can be estimated for establishing equipment and materials requirements. Access roads and borrow areas should be Identified on the plan. Local contractors and local officials can provide Information on sources of material and load restrictions on - streets and highways. The use of heavy equipment on residential streets can result In severe damage to the pavement. Another Important consideration is the selection of the proper equipment to do the work. Utilize the contractor's experience to establish the best use of equipment and the most efficient operation. Contracts for shore protection works delineate the responsibilities of both parties, the owner, and the contractor. The contract should be based on plans and specifications and Include prices for the estimated quantities of work. It Is Important that both parties fully understand the scope of work. 11Bids16 I.e., prices, should be obtained from a number of contractors to help obtain the work at the lowest price. _Contract Plans and Specifications (Typical) - For your protection, contract plans and specifications should be provided to or by your contractor. This should Include some, If not all, of the follow Ing: • Location of the work with respect to the highway right-of-way and the streambank. • A typical cross section Indicating dimensions, slopes, arrangement, and connections. • Quantity of materials (per linear foot, per protection unit, or per job). • Relation of the foundation treatment with respect to the existing ground. • Relation of the top of the proposed protection to design high-water and low-water data. • The limits of excavation and backflll as they may affect measurement and payment. • Construction details such as woop holes and pervious materials associated with then. • Location and details of construction joints, cutoff stubs, and and treatment. • Connections and bracing for framing of timber or steel. 8 r'y • Anchorage and splicing details, particularly size, type, location, and method of connection. 1 Safety Considerations - Commonsense safety Is necessary to reduce the chance of Injury and possible loss of life. Some safety considerations are listed below: • Safe access and safe working conditions must be provided at all work areas. • Unstable bluffs must be graded to a safe slope. • A first aid kit should be available. Everyone should be physically qualified to perform the work required. No one should expose himself to Injury. ?'+?t?- • Protective clothing, such as safety shoes, gloves, goggles, and hard hats should be worn by persons engaged In work requiring this protection. • Construction materials should be stored In an orderly manner on a solid, level surface. • Waste materials should be removed from the work area dally. Inspection Considerations - Supervision of construction Is very Important. Close attention to detail Is needed to assure that the final design will perform as anticipated. Prior to and during actual construction make a complete review of the plan. A checklist of the Important Items are described below. • Start a pictorial record with pictures of existing conditions. Continue this through all stages of construction. • Establish elevations of known points, layout line, and grade for construction. • Note changes In the terrain that may require a change In the plan or the layout of construction. • Check material sources for compliance with plans. • Inspect work to Insure compliance with plans. • Record dimensions, limiting heights and depths on as-built plans. • Maintain a pictorial record throughout the life of the structure particularly after damaging storms. B. PERMIT REQUIREMENTS Federal and State permits are required prior to the construction of any work In, under, across, or on the banks of navigable waters of the United States. All modifications of these areas are regulated by Section 10 of the River and Water Act of 1099 and Section 404 of the Clean Water Act. A permit Is required to Install property protection and/or reclamation devices such as riprap, breakwaters, jetties, etc. Regulatory Functions Branch of the US Army Corps of Engineers, upon request, will furnish application forms, Inbtructlons, and other technical assistance needed. v _ Contact with the Corps of Engineers before commencement of any work In or near navigable \ waters Is strongly advised. This could save respons lble for willful and di t considerable time and expense. Persons _ rec violation of Section 10 of the River and Harbor Act of 1899 or Section 404 of the Clean Water Act are subfect to flnes ranging up to $25 000 er day of violation and Imprisonment for up to one year, or both. , p y+y FOR FURTHER PERMIT INFORMATION CONTACT. The District Engineer US Army Englnee District, R Island ATTN: Regulatory nctl Branch _ Clock Tower Building Rock Island, IIII s O1 Telephone: 911788-6361, ext Ion 209 or 213 10 v:. y 'Ep' y I? f ? 1 ':?l ,?5 ? th3^Fad. ?'^? YbVA,l?1 ? ? 3 ? a " Wu" lY 3._ h.f 5 ANTCAtl?taR T - 3 J?r:L J'M.RL?lPV??'aMMMRCkM'wa?F?wEIroR' *?'IR, .r?? fMY ? f ? i ? '?, nt X11 ? ?A }?' ? X 1 1 , S ? t I y? 1 ?' F 1 1 1i ^ ; ? I J ' tP, , , i a T i ? ) r ?? ?? ? t J4?,ca r7 r h r; U V. CONSTRUCTION MEASURES - ADVANTAGES, DISADVANTAGES, COSTS i; v " I 1 . I t - I\ql Rock rlprap placed on eroding banks 1s an effective measure to control erosion. ,u Generally, a 12- to 18-Inch thick blanket of stone weighing from 20 to 150 pounds Is an acceptable specification. Stone rubble and broken concrete have boon successfully used. .` Prior to placement, the bank Is usually graded, If the slope Is Irregular, and a bad of gravel or porous filter material Is laid to allow seepage but which will prevent erosion ccc''' c of the bank material. Varying the rock and rubble size from small to large produces a\\? compact blanket. X ADVANTAGES: 1) Local damage or loss is easily repaired by placoment of moro rock. 2) Construction Is not complicated and only standard construction and practices are necessary. 3) Appearance Is natural, hence acceptable In recreational areas. 1) If rlprap Is exposed to fresh water, vegetation will often grow through the rock adding structural--value to the bank material and restoring natural roughness. 5) Rlprap Is recoverable and may be stockpiled for future use. hN ki , r t ; 19??' ROCK RIPRAP PROTECTION - FULL BANK FULL MAIWNE RIPAAP 10 Riprpp Normo/ Woycr Surfuc o,rn, cc?r,ne, 4) Difficult to construct where access Is limited. e 5) Moderately high Initial costs. Y. _ COSTS-_1/ In-place costs of a rlprap blanket Including bank preparation, bedding material 4 { and transportation of stone are f23/cubic yard ?/ Assuming 1-1/2 cubic yards per bank-foot, total cost would equate to $35 per bank-foot of p protection. MAINTENANCE REQUIREMENTS: This structure is subject to displacement. The effectiveness .., of the structure will be Impaired by thinning of the protective layer or settling of the structure. Restoration of the rock slope protection to the designed top elevation, a - equivalent thickness, and reduction of voids in the facing should be accomplished when needed. ENVIRONMENTAL ASPECT: No special equipment or construction practices are necessary for rlprap protection. This aspect lessens the Impacts associated with construction on the I _ riverine ecosystem. The rock structure, although difficult to walk on, takes on a natural appearance, and Is acceptable In recreational areas. If rlprap Is exposed to freshwater, - vogetat ion will often grow through rocks, adding structural value to the bank material and _ restoring plants which can be used by wildlife. Rlprap in an aquatic environment allows for attachment sites for organisms providing a food source and habitat for fish. A negative aspect of rlprap Is the extensive bank reshaping sometimes associated with Its placement. Removal of vegetation In preparation for riprapping can destroy native plants and wildlife habitat and take on a channellzed appearance which may not be aesthetically pleasing. Manual placement of rlprap may prove to be less environmentally damaging and _•. give the protected area a more natural appearance. Vegetation should be allowed to grow through the rlprap. Riprap blankets appear to be the most suitable type of bank structure for most locations from an overall viewpoint that takes cost-effectiveness and environmental Impacts, as well as degree of protection, Into account. Estimated costs Included In this brochure assume protection of a 12-foot high t .+1 ? J streambank. 1 Costs shown are $23 per cubic yard. Depending on construction methods, actual cost . ; .+w..? may vary by plus or minus 20 percent of values presented In tla s brochure. 12 f f stir, ) iy l ': i?l rIt7 ' j ? r ?A I ? ? i z 1 "1 is WNP, ._. GYi?,.x ,?.:uSiLR.'h'TeBw. G, n+..._ ?; .•'? ?? ?? . R ryd? ROCK RIPRAP PROTECTION - BANKLINE AND WINDROW REVETMENTS Bankllne Revetment - This protection method consists of protecting the lower underwater slope with stone flit to prevent undercutting of the banks. This method should be used along shorelines where the lower bank material Is very erosive, such as a sandy material. Stone fll led tiebacks should be placed intermittently to provide erosion protection to the upper bank and prevent river flows from eroding In behind the lower slope protection. } s 5 BANKUNE Rot,,- MAV T•ha,k /??A'?'-turlorc• f?t:`UO'anacin?. ???`? ... ??.5lonc Fill TYPICAL SECRON Windrow Revetment - This erosion control method consists of placing stone along the top of the existing bankllno at a predetermined location beyond which additional erosion would not be permitted. Riprap has also boon used effectively with a wTronch-Fill Techglque.19 Along with bank grading, a trench Is excavated at the base and filled with riprap. Both the surface and trench-fill methods consist of placing (or burying) a sufficient amount of stone fill In a windrow behind the top of the bankllna, then permitting the area botween the natural riverbank and the windrow to erode through natural processes, until It reaches and undercuts the supply of stone. As the stone Is undercut It falls Into the eroding area and provides protection against further undercutting. The resulting bankllno would remain In a near natural state with an Irregular appearance. Portions of the stone fill windrow that are not eroded Into the river by the natural process would be available for relocation to severely eroding areas at a later data. The windrow revotmont Is recommondod for use In light forested areas and along stretches of Irregular bankllne. 13 - q?7 , 4'ryuvl:? tllYres -. ,eww. w?..k r ???R dl . 9 b 1R' t 7 d HQ 1 y9i'k E,?I 'y R s pr 11 fa , lt?uv i NF 1 1, ri AA t s?1?tS t ? I ' ??n??' 7± y 111 ? ?C r r}. /I ,1 ? ? i . r4 ? ? . i- p?? kl 1 t n' t %, f / . ik cna ' .a_ Srr,aa _ Ft YFJ°bi h'r/.=.'? r 'T' I - JL ADVANTAGES: 1) Can be used In a complex erosion problem area with frequent bands and straight runs In the stream. ' DISADVANTAGES: 1) Moderately high Initial cost. 2) Frequent repairs after slump of windrow. COSTS: c;.., Bank] Ina Revetment - Assuming one cubic yard at S23/cubic yard, the total cost would equate to S23/bank-foot. 4 Windrow Revetment - Assuming 1-1/4 cubic yards at 123/cubic yard, the total cost would equate to S29/bank-foot. 71 1 ^.7 kS {(J? WINDROW Sur/ace Fi// or S- Stone Fill ---? Ywch Fil/ Narora/ Nersia/ _______ Water SurRmr Wanr &rfiar TYPICAL SECrIDN A A TYP/['AL SEC(ION B,R _MAINTENANCE REQUIREMENTS: Continued monitoring and repairing of the rlprap blanket required.. ENVIRONMENTAL ASPECTS: Bankllne Revotment - This technique Is used to control undercutting of an eroding bankllno, and consists of protecting the lower underwater slope with sufficient materials, such as rock, sandbags, or precast blacks, to prevent further erosive undercutting of the banks. The upper bank receives a lesser treatment. This protection method Is a modification of rlprap protection In that the portion of the bank underwater receives the primary protection and the portion of the bank above water receives little or no protection. As In rlprap, the Introduction of the aquatic substrata allows for a 14 y?j? tS ?q c: ?sr '7? !! user?ars ij4 ,_ ` - diversity of habitat In which aquatic organisms can establish. This Increased habitat may F enhance fishing. Another positive for this method Is that minimal disturbance to existing vegetatlon Is Incurred. Bankl Ina revetments would be desirable In treed areas to prevent - ,u y their loss as wildlife habitat through erosion. Bankline revetments should be Installed _ during low-flow periods and designed to nelntaln existing trees. •. Windrow Revetment - This technique consists of burying a sufficient supply of erosion resistant material below the existing land surface or placing the material on top of the land surface, then permitting the area between, the natural riverbank and the windrow " • material to erode through natural processes, until It reaches and undercuts the supply of r ; , ', rock. As the rock supply Is undercut, It falls Into the eroding area and eventually halts ,t , r . further landward erosion. The resulting bankline would take on a "natural" appearance, r. both aesthetically and environmentally pleasing. The treatment lends Itself to the - el 'E protection of adjacent woodland, or next to long stretches of presently eroding Irregular bankline. This method should be designed to preserve existing plants and wildlife. The i Introduction of the rock substrata Into the river would provide habitat for aquatic plants and animals. This method would protect existing recreation, wildlife, and the aesthetics of the area. , i ? IS ql' 1 &v' 1y r,. r r7 U ?tf' b4 G 1• "'R "ti!, { f ? ? I Y M iP Al l i1T1' •6 / ? } '4 74t? M ` r I ?V 1 f. R f 1 f to l D y7 i 7'? r I 1 r. ._ ? tom- i _•_ .-. ?....u...?.= SHORT ROCK JETTY HAROPOINTS ?uo:nnnri^? ._ o.mrw w ?a ^M ? : ar,:..._r.....,%.. -n. Top>oil d .+'ceded 'I...?n6.. Normal Wat_ Surface Stone Fi// TYPICAL SECTIOW Hardpolnts are effective In deflecting the current away from the eroding bank. A series of jetties along the bank tends to create back currents between the jetties. This produces a siltation of foreshore between the projecting dikes of rock. Rock should be of sufflclent weight to resist the river current. The hardpoint jetty consists of stono-flll structures placed Intermittently along an eroding bankllne. The jetty Is placed to protrude a short distance Into the river channel near the normal water surface level. A root section should be constructed Into the bankllno to provide protection to prevent stream cutting action behind the hardpoint. For best results a series of hardpolnts can be used. Back currents are formed allowing siltation to occur. This will provide added bank protection. ADVANTAGES: 1) No requirement for sediment deposit In hardpoint field. 2) Impermeabll lty allows reduction of erosion force of stream. DISADVANTAGES: 1) Heavy equipment required for construction. 2) Wdorateiy high first cost. 3) Olfflcult to construct where access Is limited. 17 r. ac NOTES: Construction materials are usually from quarry-run stone with s e ifi I Imit ti "d p c ed a ons on the maximum size of stone and amount of fines. The hardpolnts are built with crowns f E o various widths up to 10 feet or more depending on the severity of the ' expected attack, the method of constru ti • c on, and the requ lrenants for maintenance. The spacing between any two Aardpolnts has a :' generally been related to the average of their . lengths multiplied by a spacing-length rati Y o. The spacing- length ratio Is derived from the experience of the dust gner. The }Ina) Selection of spacing and length may be an economic one but f b , or o- ank protection purposes, the lenth of the dikes should be just 9 „ - sufficient to move the eroding curre t u n away from the bank. Of course, there Is a " limitation on length since It must - not be such that the dike will unduly restrict the navigation channel or Incr f • { . ease the current velocity to an unacceptable value. Short rock jetties are effective In deflectin th g e current away from the eroding bank and tend to p: create a foreshore between the projecting dikes of rock. Use of broken concrete, If available, would eliminate some of the Initial t h i " d cos . ?.a - COSTS: Approximately $18,000/hardpolnt. Assuming a 10-foot t op, 46-foot length, and 12-toot height with spacing at about 11 tim - es the length of the hardpolnt, the cost would equal $37/bank-foot. - 'kk MAINTENANCE REQUIREMENTS: If constructed properly, little maintenance. ^ . ENVIRONMENTAL ASPECT: In this technique, stone Is extended from the bank and spaced at points along an di ' ? 1•. ero ng bankline. The stone fill should be covered with topsoil and planted with native plants Th , _ . e structures redirect the current flow and cause some - sediment buildup. The spacing of the structures de d f a pen s on flow rates and river morphology. Short hardpolnts should be used ' over long was. Long hardpolnts, If used, +y,x Sho„Id be notched to permit some flow to maint i th f3` S a n e aquatic ecosystem. The aquati portion of the structure would Improve the habitat di i c vers ty and provide a substrata for establishment of Invertebrates. The above-water portion f t _ o he structure, If planted, would provide wildlife co p ef ver and food. Vegetated hardpolnts are not as aesthetically pleasing as some erosio n control structures, but may be more visually acceptable than steel jacks, timber I t - and tires. are constructed entirely of stone with s s p vegetat on and be no likely to blend Into the rlverine environment. ai 18 r +r - fir _ v' S ? L 1 W 4 „ 1I nJ?. r 1. - -.;? ,'?0 IPt' i?f].dliW ' _?'? '+?aRP.?:'._ per. ? Rrm1"fil?. 1'?1'X...N p ' 4' y y?q? ?yp? '. - 1 t I? w, L' TREE RETARDS Deadntan .mma .._...,... w...r. ??? .INr ?-.wr ?/rW \ Cables .?.,. Stone Fi// Ti'ee- Normal "2C Water-Sur face \ ` v SSgat. Ste, Id, t. filled with concrete ?.o?aCar;?.. serves as rerr anchor. TYPICAL SEMON This erosion control method consists of placing trees horizontally In the river and perpendicular to the riverbank. Approximately 30- to 40-foot trees are placed and anchored at the shoreline with stone fill and concrete or other type of deadmen. The branched portion of the trees wlII be resting on the bed of the river to protect the banks from direct river attack and to encourage the collection of debris. This type of protection Is recommended for use in or near forested areas where a supply of trees would be available. Tree retards are an attempt to reproduce natural conditions that occur when trees along the shoreline are undercut by erosion, fall Into the stream, and form a natural barrier against further erosion. ADVANTAGES: 1) Inexpensive. 2) Good job deflecting flow. 3) Good debris collector with slit depositor. DISADVANTAGES: 1) Replacements are frequent. 2) Protection Is only marginal. 19 V ?''' ? ° 1Y? i ., ;u'4 br mw' pa ?r x»r?? 'N ftra '.9 rr ?r ,7eu,r y.wµ 7=A > `'e'C' t f J i a +.1r4 ? ? ? I F 11 t I ? k M r ; yl If1? I 5 1 N 1 ?' ? . t ? 41 n l{ ? f??' t ?, } 1 Ij ?1? V ? y 1 ` - 1 1p 7 h r sV _ 1 ! n ? M ?. t I i? I I a { I uul ?? Pi} 4 . h Y, ??L I .k n ? ? L J. 1 I NIL - i Yr 1. { 1 4111 \ w one against the toe of eroding bank, and anchored to stumps 'or otr es pwith a used acablel TA Is will tend to build up a foreshore by causing the current to slow down and drop part of Its silt load. This Is a relatively Inexpensive method. COSTS: 11,500/tree, Including stone fill and deadman anchors. Assuming 75-foot spacing, ?A cost equals f20/bank-foot. MAINTENANCE REQUIREMENTS: Replacement of trees or rearrangement of moved trues. ..f ENVIRONMENTAL ASPECT: This technique consists of anchoring of trees Perpendul to the riverbank. The branches of the tree rest on the riverbed. The trees protect thereredi ng bank by slowing the current and accumulating debris. This technique Is more natural In x I that It simulates the natural occurrence of undercut trees falling Into the stream. The bankllne receives only minor disturbances, and the trees provide fish habitat. Although - 5 some trees are lost for bank protection, this erosion control method Is the most environmentally acceptable as it is harmonious with the flood plain landscape, and L .?? attempts to reproduce a natural phenomenon, t F 20 ROCK-FILLED WIRE BASKETS, Variable shodiro cages filled with low grade stone can be used for streambank erosion protection. These filled baskets are used as building blocks to form the protective structure along the streambank. Prior to the placement of the cages, a support apron should be laid on the bank extending at least 6 feet past the toe of the basket works. The apron, constructed of baskets, should have a minimum height of 1.5 to 2 times the depth of the scour predicted at the toe of the bank. Following tt)is procedure layers of baskets are placed on top of this apron and all are wired together. ADVANTAGES: 1) Cages are somewhat flexible and are, therefore, able to accommodate minor changes In bank geometry and ease of repair. 2) The voids between stones allow bank drainage, which aids In the elimination of failures due to excessive hydrostatic pressure. 3) Reduced first cost if you fabricate baskets yourself. a) Inexpensive ungraded rock can be used. S) Moderato to low malntonance costs. 21 •, DISADVANTAGES: 1) Baskets subject to rust and deterioration If not coated against corrosion. 2) Limits use of riverfront. n y . 3) Basket cost high If purchased already constructed. NOTES: Prefabricated baskets have been marketed In Europe for many years; however, ?- baskets for the construction of bank protection works In the United States have been used widely only In the past 15 years. The basic element of the basket works Is the cage. The -1 cage Is a rectangular wire-mesh structure divided by diaphragms Into cells. The mash Is 'I t') generally galvanized steel wire, which Is coated If It Is to be used in a corrosive environment. The baskets can also be of homemade variety and the total project can be ! done over a period of time depending on the funds and man-hours available. COSTS: Assuming 1-1/2 cubic yards at f47/cubic yard, the cost equals S70/bank-foot. ' MAINTENANCE REQUIREMENTS: The life of rock-fl I led wire basket protection depends on the f durabty of the wire. Replace broken wires with galvanized or plastic coated wire. The baskets occasionally are nerved during severe storms, but can often be replaced. Such movement Indicates foundation failure or scour at the toe. Repair all storm damage as quickly as possible. - ENVIRONMENTAL ASPECT: The major advantage of rock-filled wire baskets is that they can be designed and placed In forms that are physically and visually compatible with the surroundings. Another advantage is that because the rock Is contained within wire Inclosures, they can be placed at steep angles, requiring disturbance of only a minimum width of shoreline. This feature Is particularly beneficial where space Is limited such as In urban areas, recreational developments, and sensitive environmental areas. A third advantage Is that soil and other debris accumulate in the openings between the rocks which form the cages. Vegetation will become established In the sell and further help them blend Into the environment. Vegetation growing on the baskets provides some wildlife habitat, and where they extend underwater the rocks provide attachment sites for benthlc organisms. These benthlc organisms In turn provide food for fish. 22 w4 pry ! l lU ? 1 ? 1 5 ? 1 ! d f': i. r F.I L ..t l iw cwt A U2; ?' kque ? A k ? t ?at VEGETATION Vegetation Is an economical method of limited streambank erosion protection. The principal functions of vegetation are to keep fast-moving water and transported coarse materials away from the surface of a streambank slope and Improve the structural Integrity of the bank. The topsoil of the bank to be protected Is generally stripped for wood control. Grass can be planted by sodding, sprigging, or by spreading of mulches consisting of seed, fertilizer, and other organic mixtures. In addition, various hydrophytlc plants, e.g., willows may be used. Moody plants have a greater Initial cost and longer time to become established than grass, but are more effective for long-term protection. For sections of a streambank where scour Is a problem, woody plants astabllshod at the toe of the slope and grass above the too have proven to be good protection. Trees raised In nurseries are preferred over local plants because they are usually healthier, bushler, and have better developed root systems at maturity. ' ADVANTAGES: 1) Low cost. 2) Little ma lntonance. 3) Environmentally acceptable. DISADVANTAGES: 1) Limited protection for serious erosion problems. 23 u11i ' \ II y Wafer Toyerant IN' •.,,? Pyantinys A/orma/ y Water Surface TYPICAL SECT/ON s 'a w Ca ?.... - - vo acTlon results from the mechanical disintegration of sell masses by alternate wetting and drying (periods of precipitation and sunshlno) and wind. Grasses have proven to be excellent deterrents to soil erosion under these conditions. Of all the bank protection methods, vegetation Is the only self-renewable method and In many cases the • most economical and aesthetically pleasing. COSTS: $5-7/hank-foot of protection. The cost of planting grass ranges from $500 to $650 per acre, Including sell preparation and fertilizer. If woody vegetation Is planted with the grass, the average cost Is approximately three times that of grass alone. ? MAINTENANCE REQUIREMENTS: Little. '-, ENVIRONMENTAL ASPECT: Probably the least expensive, most visually attractive, and least complex method of combatting bank erosion Is to establish and maintain a deep-rooted vegetative cover along the river. Trees provide the greatest protection against erosion because of the massive root systems. Grasses and herbaceous species are also valuable, but provide less protection because their root systems are less extensive. Grasses, however, can be established more quickly and at less cost than trees. Tree planting programs, and other efforts to establish a protective vegetative cover can also provide expanded wildlife habitat, enhanced recreation opportunities, Improved aesthetics, and Improved water quality. Used alone, vegetaticn is a very positive method of erosion control. Rovegetation should also be used to supplement and Improve the Impacts of all of the erosion control methods which have been discussed In this section. Thought should be given to selection of plant species which will provide maximum erosion protection, the most benefits to wildlife, and have the least Impact on existing vegetation. 24 v r OLD TIRE MATS DcuJmrn nl Fwu4ti?r? I' F_--- 200'inlcrva-lsuin Ner•mn/ Tires lwn.'cd q W,/rr $urfaoc lnyethcr to form coal. TYP/CAL SECT/ON Old automobile tires have been used to form mats or panels to protect streambanks. This Is another relatively Inexpensive method of bank protection. This protection method consists of mattresses constructed by banding used automobile tires together. The used tlres should be put In place as a mt. The mat can be constructed In place or built In sections In an adjacent area and then banded together after the sections are placed on the bank: Ine. The mat is held In place on the slope by doadman anchors to prevent It from sl Idl ng dwn the bank or floating. Holes my be drilled in the sidewal is of the tires to al low trapped air to escape and prevent mat flotation. The net stabll lty, becomos less of a problem after vegetation becomes established and sediment builds up In the tires. ADVANTAGES: 1) Low Initial cost. 2) Allows natural vegetation which aids In protection. DISADVANTAGES: 1) Stabilization of mats Is a problem. Not Initially aesthetically pleasing. COSTS: f30/bank-foot of protection. Tires are available In quantities at little or no cost from tire centers and recapping services. Used oil field cable can be used to further reduce costs. 25 as i v? MAINTENANCE REQUIREMENTS: Securing of mats after high water Is about the only required ?i maintenance. a ENVIRONMENTAL ASPECT: In this technique old tires are lashed together with wire or :y a non-biodegradable rope and placed as a mat on the bank. Vegetation Is planted or allowed • to establish over the tires. Initially, the tire mattress Is an eyesore, but as vegetation Is established, the area develops a more natural appearance. The underwater .., portion of the tires may provide some aquatic habitat and the above water vegetation would .° become wildlife habitat. The tires may prove difficult to walk on, which may restrict $ "; access slightly. 26 r FENCE JETTIES (WOOD AND WIRE) i ?z ,r. `Wood or { Wire Fences 'I n Normal _ _ WaterSurface 4 ryryryr - ?; TYPICAL 5EY7tpy '2 U 4K Fence jetties are used to solve a variety of bank protection problems. They can be constructed parallel to the bank as wall as transverse to the streamf low. Materials for '-' - construction can vary. Typos often used are treated or untreated wood, used rails, pipe, and steel or concrete booms. The fencing material Is usually wood or wire. If wire ;I q t? ; - fencing Is used, the required tonsl le strength depends oo the design loading by the water and debris. 11 4 r .•J Fencing Is not one of the most effective moans of bank protection, but Is commonly usad ',..? because no special techniques for construction are required and materials are readily' o val labl e. Another way to use fences Is to construct two fences parallel to the bank 3 to 10 feet apart. Brush, hay, or rock Is stacked between the lentos, providing an extra moasuro of protection against the erosive action of the water currents. If the fences are constructed parallel to the bank and the bank Is stoop enough, a second fence Is not required for holding the brush backflll. Fences constructed parallel to the bank • gonoral ly servo as an erosion stopgap amasuro to allow sufficient time for the estabI lshmnt of vegetation or to prevent sloughing of the bank. Fences constructed across part of the stream section promote sodlmnt deposition. A transverse fence can be posltionod to deflect debris downstream or to trap It. By constructing the fence so that It Is oriented downstream at an oblique angle to the current flow, debris will be 27 f deflected Into the main channel. This technique Is useful It the stream has a heavy debris load and the designer desires to keep the banks clear. Conversely, the fence can be constructed so that It Is oriented upstream at an oblique angle to the current flow. e Debris is then trapped behind the fence. This construction method Is effective for I':? 'a L clearing the main channel of debris and serves to encourage sediment deposition. ADVANTAGES: 1) Directs energy of river from bank to open channel. 2) Collects debris to slow current and promotes siltation. . DISADVANTAGES: 1) Length Is limited so not to Interfere with navigation.` )i- .p ..i 2) Susceptible to Ice damage. y 3) Costs are high. i) 4) Maintenance costs high. COSTS: f54/bank-foot of protection. MAINTENANCE REQUIREMENTS: Periodic repairs of damaged fence sections. ENVIRONMENTAL ASPECT: Fence jetties are constructed of wood and spaced In parallel rows perpendicular to the bank. The jetties are designed to deflect the current flow and to collect sediment and debris. After a long period, vegetation will establish In the - ` sad lment buildup area. The value of this erosion control method to wildlife and fish is ; limited. The structure Is visually unappealing. The Impact on the existing vegetation would be minimal. - ^ d. ? 1j?{I1 ?rr'r)dM 20 r \ r - ...1..... I- _ - sackfill Norms/ ;s L _ h Tm(xis - - TYPICAL SECRON Streambanks can be Protected directly with timbers or railway ties cabled to Badmen and 41, _ earth or stone-filled. The cribs then will be allgned away from the streambank. This ` method has been used primarily on small streams and Is now being used on a limited basis 1 In the western United States. " F* 1 ADVANTAGES: I) Lends Itself to protecting short reaches. r 2) Can be constructed of materials that are readlly available.k i > 3) Structure Is easily repaired. rv q 1 f` - DISADVANTAGES: 1) Structural Integrity depends upon adequate toe protection. Vertical walls Induce severe scour at their base. ` 2) Limits use and access to river. r COSTS: $200/bank-toot of protection. MAINTENANCE REQUIREMENTS: Repair of pll logs after high water and storms. .I.^ ENVIRONMENTAL ASPECTi This protection method has the least aesthetic value In presenting r a natural landscape. The method would protect existing wildlife habitat and might provfdo .r, (; r attachment sites for aquatic organisms. This method Is used In urban areas due to the sr shortage of Installation space, Intense wave action from boats, and a need for ? recreational access. tit ?tlti 29 _. t J e '•a F'? ?? f I ? '? +.a J .r ????r1+ ...."?..,.,r ?"?,3 ?P. ??>?I. 71 _ ?. i `A. r-'C r,. R??. ? 'rt>,r.n"? .• sm ? `-?? ry ? tti ' 1 TS N P 'i IU ItZy 3`' / 4 1/ S b L 1 n A 1• I y it a 4 I i` , ` ?ru j - ,. MCA, y° s: I ;;I In addition to the aforementioned types of bank protection ! there are many more. Vane dikes, rock and wire mattresses, <?,., .w ?.....I rubble, bulkheads, Kellner jack fields, synthetic matting, auto bodies, cellular blocks, soil cement, bituminous mattresses, timber and brush mattresses, and tetrahedrons {-' are only a few of these methods which may not be as .2 attractive a method as those described in the text of this brochure. If you have any questions about these or any method of streambank protection you may contact the US Army Corps of Engineers. 30 a a' V I . GLOSSARY Bank Protection. Placement of revetmont or other armor to stabiI lze a streambank against L erosion or use of a river training structure designed to deflect the hydraulic erosive forces away from a streambank. v Bulkhead. A vertical or nearly vertical structure supporting a natural or artificial embankment. Crib. An open-frame structure filled with earth or stone ballast designed to absorb energy and to deflect hydraulic currents away from a streambank. Cross Section. A vertical section (profile) of the surface, the ground, and/or underlying material, which provides a side view of the structure. Cut Bank. The concave wall of a meandering stream that Is maintained as a steep or overhanging cliff by the impinging streamflow against Its base. Dike (sill, groin, spur Jetty). A river training aid constructed of earth, wood, or stone, designed to deflect erosive currents away from a bank and to control movement - of bed material. Erosion. The wearing away of land by the action of natural forces. On a beach, the carrying away of beach material by wave action, tidal currents; littoral currents, or rind. Fence. A river training structure normally consisting of mesh attached to a series of posts often In double rows; the Interstitial space between the rows may be filled with rock, brush, or other locally aval table materials. Filter. Layer of sand, evenly graded rock, or cloth, placed between the bank armor and soil for one or more of three Aurposesrao prevent the sell from coning through the armor by exiruslon or erosion;,l3to prevent the armor from sinking Into the soil, and ,,ta permit natural seepage from the streambank to occur and thus prevent buildup of excessive hydrostatic pressure. ?I Impormaable. Not permitting passage of water. Lower Bank. That portion of a streambank having an elevation loss than the moan water level of the stream. i? Organic Mixtures and Mulches. Any of a number of organic agents (e.g., petrochemicals or vegetative matter) used to stabilize a streambank against erosion by affording permanent protection or temporary protection and nutrients for the establishment of • vegetation. Those agents, which my be In the form of liquids, emulsions, or slurries, are normally applied by means of mechanical broadcasters. w Permit. A document Issued by the Department of the Army expressing the assent of the Federal Govornmont, so far as concerned the public rights of navigation and the 31 general public Interest, for the accwpllshment of certain works on or adjacent to ?v navigable waters of the United States. ' Pile. An elongated member, usually made of timber, concrete, or steel, that serves as a structural component of a river training structure. I. V Revetment. Armor of erosion-resistant material designed to protect a streambank. River Training Structure. Any configuration constructed In a stream or placed on, adjacent to, or In the vicinity of a streambank, which Is Intended to deflect B _ currents, Induce sediment deposition, Induce scour, or In some other way altar the velocity regimen of the stream. Specifications. A detailed description of particulars, such as size of stone, quality of .. materials, contractor performance, terms, quality control, etc. i --.,.... Stone Riprap. Natural cobbles, boulders, or broken stones dumped or placed on a ,- streambank or filter as armor against erosion. ?- Toe. That portion of a stream cross-section whore the lower bank terminates and the ,". - channel bottom or the opposite lower bank begins. Trench-F111 Rovotment. Stone, concrete, or ceramic material placed in a trench dug behind and parallel to an eroding streambank. When the erosive action of the stream reaches the trench, the material placed In the trench retards further erosion. Upper Bank. That portion of a streambank having an elevation greater than the mean water 5" ? of the stream. ;P? f' l Vegetation. Voody or nonwoody plants used to stabilize a streambank and retard erosion. „C 32 eri r -? r ? L L J rf? iy t L 0 0. 1? C; 0 o i o ? r L T , 6?N 5 i N ? Y tt j l i i ? T r abfY?`? ?.?rySi ? r B ? ? o , f ? Asti s c _} 4 7 .{ ? ffia L? H ? ,T i S )? rT '? r 'tt t } ys 4> y ? 7 t Y t, ski tt ?i - r y z ? r s? ??? r A'??? t F t tt??? ? r N ? a 5 Y? ? a `11?ryry'??g?p'y, ? Y J 9? Ft 4?fa a ' .MJ C ![ r1 r h 5A°t?Cg? A4 kS l 51 }? E ?1 T l ?i IA ti a n r, F? . v9wMY t FY 't?4GYL ? F f . Chapter 173-144 WAG ADMINISTRATION OF THE FLOOD CONTROL . ASSISTANCE ACCOUNT PROGRAM I a' NEW SECTION 1 'R y WAC 173-144-010 AUTHORITY AND PURPOSE. Chapter 212, Laws of 1984, a, Regular Session, amended Chapter 86.26 RCW, State Participation in Flood Control Maintenance (the Act); RCW 86.26.010 provides that the Department of Ecology (WDOE) shall administer and enforce the Flood Control Assist- + ante Account program (FCAAP) established by the Act. This chapter r % ? describes the manner in which WDOE will implement the provisions of the ? w Act. NEW SECTION ft WAC 173-144-020 ELIGIBILITY CRITERIA FOR FCAAP FUNDS. The following criteria will be used for approval by WDOE of a maintenance project appli- r cation for flood control assistance funds. (1) Eligible municipal Corporations. Municipal corporations which are eligible to receive FCAAP grant funds include but are not limited to counties, cities, towns, conservation districts, and special districts which have flood control responsibilities. 5 ??? 19`..nra.e lv .,<,T .'7'N •1PSY.',R{ ..y"^P=n.,4"c'}kA ,- ^^'^^.. "°"- 7 i a ' t ' 7 t } r t +'?- ? fir? ?' ,M k ly / 6'? T' ? S " im0.w 2r 1Qf ? F: (2) Public Benefit. It shall be clearly demonstrated that the ;r projects shall display a general public and state interest as differenti- `!'v ated from a private interest and they shall bring about public benefits r commensurate with the FCAAP funds provided. (3) Permit Requirements. Prior to construction, the project must r b meet all applicable local, state, and federal regulation and permit requirements. nr, (4) Comprehensive Flood Control Management Plan. The county or municipal corporation in which the project is located must either have a comprehensive flood control management plan completed and adopted or „ Y ;. .. in preparation by the appropriate local authority and to be completed and adopted within three years of the date of certification by the county T V f engineer that a comprehensive flood control management plan is being pre- r pared. The project shall be consistent with and conform to the compre- y hensiveflood control management plan. « ,.. _ (S) Project Cost. The project grant application shall include the t estimated project cost. ,{> W'e (6) Project Benefits. The project benefits shall be clearly identi- w , f fied and described. (7) National Flood Insurance Program (NFIP) Requirements. The unincorporated county or incorporated city or town in which the projects' `P is located shall be participating in the NFIP and shall be meeting the NFIP regulation requirements. _r-. ;. (8) Legislative Approval. Nonemergency projects shall not be funded from the FCAAP without approval by the Legislature. (9) Budget Reporc. Any municipal corporation seeking FCAAP funds S?IY shall submit its annual budget for flood control purposes to the county T'+ -2- y, r Y ? r, t? ? x tits F % r -. +'. t r r ? ? - ru , ti' , -Ai y -: A.• +a?:.':a 9?m.. Diu G m om engineer within 30 days after final adoption. The budget reports for " municipal corporations and for the county shall be submitted to WDOE by the county engineer not later than March 1 of-every year. (10) Eligible Project Costs. Only that work which is conducted 71 Ti during project construction shall be eligible for payment from FCAAP ' v funds 4v . I ., y NEW SECTION NEW SECTION y NAC 173-144-030 DEFINITIONS. Following are the FCAAP definitions N f '.F of words and phrases: (1) "Emergency Funds." That portion of the four million dollar i 1 biennial appropriation set aside to perform emergency work, b x yj . `s S (2) "Emergency Work." Work which must be done immediately to pro- sect life and property when an imminent flood threat exists or immediately after a flooding situation to prevent further losses. (3) "Maintenance Work." The work necessary to keep in good condi- tion, repair and preservation of the natural condition or man-made flood control facilities which are subject to damage or destruction from flood- ing by action of erosion, by stream flow, by sheet runoff, or other damage by the sea or other bodies of water. (4) "Restoring." The work necessary to bring an existing condition or man-made facility or other works back to its former or natural condi- tion by repairing, rebuilding, or altering. -3- I ire„k. a' n I ) 7 ' I 1 1 1 ,1 ?? 1 S i v i ' NEW SECTION 5 WAC 173-144-040 FCAAP PROJECT APPLICATION AND APPROVAL PROCESS . M., The project application and approval process for the municipal corpora- 'v tion application shall include the following in the general sequence given. (1) The applicant shall prepare the project application to comply d , with the provisions of Chapter 86.26 RCW and this chapter. The applica- a tion shall be made on a form furnished by WDOE. In addition to the com- pleted.form, the application shall include the following: (a) A detailed written description of the project; (b) A vicinity map and sketch to identify water body name, stream river mile, section-township-range, etc.; -- (c) A general plan drawing of the project on an 81i" x 11" or 8?" x 14" sheet; and r'.. (d) A description of the project benefits which describe how the ,'• project will mitigate flood damage and describe development which exists on adjacent and nearby lands which are protected by the facility. (2) The applicant and county engineer shall review the preliminary project plans with the Washington departments of Fisheries and Game. (3) The applicant shall indicate the priority of the project appli- cations if more than one is submitted. (4) The applicant shall submit a prioritized list of project applications to the county engineer. (S) The county engineer shall certify the status of the comprehen- sive flood control management plan and shall submit a prioritized list of all project applications within the county to•WDOE. •-J -4 V " (" p ? 4 ' 1 ? f A ? ' ? + 7 b ? I ? M• L A % J ? I p N t : "1 , r ?, 'f S5 '? •`'I .r • d (6) WDOE will analyze all projects for compliance with the require- x ments pursuant to this chapter and Chapter 86.26 RCW and give priority to projects based on the criteria defined in WAC 173-144-050. (7) WDOE submits the list of projects to the Legislature for approval. (8) The applicant and/or county shall acquire the necessary federal, state, and local permits along with any other permission required to com- plete the project. (9) WDOE shall consult with the departments of Fisheries and Game regarding the list of projects. •y (10) WDOE shall prepare and finalize the cooperative agreements with the counties. n (11) The construction plans and specifications shall be prepared by ?h the applicant for approval by the county engineer prior to submission to WDOE for review of each project for compliance with all requirements. (12) The county engineer shall supervise and direct each project. (13) WDOE shall monitor each project for compliance with the provi, -ions cf the cooperative agreement. NEW SECTION WAC 173-144-050 PRIORITY OF NONEMERGENCY FCAAP PROJECTS. The priority given to nonemergency projects by WDOE, the counties, and other municipal corporations shall involve consideration to the following cri- teria: (1) The public benefits from the project shall be commensurate with the amount of FCAAP funds granted for the project. -5- j ' t y. ?C 'Pl ' at r? ? (2) An evaluation of the findings that the county, city. or town in 0 which the project is located is engaging in appropriate floodplain manage- ment activities in the one-hundred-year flood plan. (3) An evaluation of the status and adequacy of the comprehensive i R, flood control management plan for the project basin, county or munici- pality. r`. (4) The priority given to the projects by WDOE shall consider the r ` priority which has already been established by each county. t 5 (5) An evaluation of the magnitude of potential public damage that - Q might occur without the project. . (6) An evaluation of the project urgency. m T NEW SECTION -' WAC 173-144-060 FLOOD CONTROL ASSISTANT ACCOUNT CONTRIBUTION 4ND l MATCH REQUIREMENTS FOR NONEMERGENCY PROJECTS. The following criteria shall be used regarding the FCAAP funding for all nonemergency projects: (1) The maximum contribution from the Flood Control Assistance Account toward the cost of any project shall be $500,000 per project. (2) The amount of FCAAP contribution for any nonemergency project shall not exceed 50 percent of the total project cost. (3) The total FCAAP contribution for all projects in any county 7 + „' shall not exceed $500,000 per biennium, f `t I-) -6- d_ WF FJC,r1 C ? A ? k ` ? 4 ti r , ? ? 4t erg., L ?iW z l }} Yr ??? dui t `+ 4 NEW SECTION t y Y WAC 173-144-070 EMERGENCY PROJECT FUND ADMINISTRATION. The follow- ing criteria shall be the basis of allocating the emergency fund monies: (1) Appropriation from the FCAAP fund for emergency projects will require the declaration of an emergency by the county commission or the county executive. (2) Application for emergency funds must be made on the same form used for nonemergency fund application. (3) Payment of FCAAP funds for the emergency project will be based on actual project costs. (4) Payment of money from the emergency fund shall be allocated on a first come--first serve basis and shall not be based on any priority system. f .= (5) Emergency project grants shall not require legislative approval but shall be approved by the Director of the Department of Ecology. (6) The maximum amount of money allocated to the emergency project fund shall be $500,000 per biennium and will be so identified with the r list of projects submitted to the Legislature for appropriation. (7) The flood control assistance account contribution shall not exceed 80 percent of the eligible project cost. -7- i , rd _ ??? ?fi ?':?. .. :'XSiks..a.: cscaYAt. • -1SNra ?y , r-?s; ,. ?-4 ,bF4, ? r?a« ._.s. ...l.w.n ?,?, m. _ -? _ n . , El NEW SECTION WAC 173-144-080 MULTI-YEAR PROJECTS. Legislative approval will only be required once for a project which continues more than one year, but funding after the first year is subject to further FCAAP appropriation by the Legislature. NEW SECTION WAC 173-144-090 WORK STANDARDS FOR ALL FCAAP PROJECTS. All work which is funded from the flood control assistance account shall conform to the standards and specifications of the U.S. Army Corps of Engineers, the U.S. Department of Agriculture Soil Conservation Service or the county engineer. -8- ' % 4 ?s ),? yy?` i 4l - ti x1 A t ?41 J.l ''j 7F' ? ? 1 514 r?, 4i C S _ ?} f YP '? yJ 4 71 . =n v APPLICATION FOR PROJECL' ASSI LE alcird",NCY 11 RO.7? Yes O No O " FLOOD CONTROL ASSISTANCE ACCO(!NP PROGRAM (CH. 86.26 Rcw) _- { 2. COUNTY ENGINEER 1. NAME AND ADDRESS OF APPLICANT or Municipal corporation (Count Name:. Address: ` y ) dd i m A7 ress on a with mailing and locat Phone # l;a F i. 3. PRa7ECT TITLE, DESCRIPTION AND ]LOCATION if i ._ _ y dent (Attach vicinity map and sketch to • 1 d ? ,, , . an 4. PROJECT CONTACT PERSON Name Address ?sit1B33 're`f Title water body name, stream river mi e general plan map; Section, township, range, etc.) 5. ESTIMATED PROJECT COST (Dollars) Project duration mo/yr. l6cal Share State Grant Unincorporated Area O Other Total Cost Incorporated Area O Name of City or Town a: . FLOOD F BQUENCY PROTECTION PROVIDED BY PROMCT FACILITY Prior _Yrs; Present Years; Future -Years Not Applicable O a 7. BRIEF DESCRIPTION OF PROJECT BENEFITS - Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. s (Attach detailed description if necessary) t, • f , V ? r n S. (FOR USE BY CITIES AND TOMS ONLY) y.' t I? t ^r'., k71AT Is TILE STATUS OF APPLiCAM"S COMPRE10911SIVE FLOOD CONTROL MANAG MMIr PIAN? , Completed O Preparation Underway O Anticipated Completion Date 9. SIGNATURE OF AUTHORIZED APPLICANT REPRESENTATIVE Typed Name and Title Date Phone # 10. STATUS OF COM['REHENSIVE FLOOD CONTROL MANAGEMENT PLAN (POR THIS PROTECT) Completed O Preparation Uncerway OAnticipatcd Completion Date _ Certification by County Engineer Date (to the best of my knowledge the above infoni ;l iori i's' corredtl ?? Ia.VISED 10-24-84 County Priority Rating of ? ' {4111fw,y ' w . J t . N ? ?? I ? £r { '? ? ' i . r r , t qtr; S ?j I l lY w,; i ._e. . _ ..ass r . R9A ,' ' A'PI.1ICA'I"IrN4 [.)OR PROOECL' ASST'71'AN(:I; !1100) C.'(W 9201. ASS1.STMCIi ACCOUNT PROC10 N1 K • .7xr, - •, ____ (CFI. 86.26 RCW) L. N:Vlli AND ADDRESS OF APPI.ICAN'f' (County or Municipal corporation with nui.ling and location address) 4. I'I:Ci)ECI' Cl%v'I'ACI' PI':It90N it,mw• _ :kfdress _ --- __._ _-_ .____.- '1'l.I-1 ' PI:OIlc' ? :i. EST.LPoMI'D PRa3Wr COST (Dollars) 1,>2 1L Share State Grant Oc.i r -----,Total Cost "Il)OD PR13XENCY P1017-CHON PROVIDED BY PK 1`2111:R(iCNC7 PROT Yes O No O 4N 4 ' 2. N NPY MgGINEER n Y ft1 Address: _.._ Phone # 3. PILQLCT TITLE, DESCRIPTION AND LOCATION (Attach vicinity map and sketch to identify ' water body name, stream river mile and general plan map; Section, township, range, etc.) _ F Project duration mo/yr. Unincorporated Area Incorporated Area Name of City or Town FACILITY .., ..,, ...- Prior _ Yrs; Present _- Years; Future _Years Not Applicable i. iiltu ' 1-)FSCRI111'ION OF PRaiFxT BENEPITS - Describe the development which exists on Linde; protected b, project facility and how this project will mitigate flood damages. tai 1-1(111 d L:1i led dcSC I-ipL Lol if n0cLSSauY) r ? D:A, BY CITIES AND '10WNS ONLY) ., Fri iA'I I THE SPA'LUS OF APPLTC'Nll"S C.'CMPRf:f PENSIVE F[A)OD CONPROL MANA(04NP PI11Y7? t t'uIy)L??tu1 Prrlmrotion Underway O Anticipated Carpletion Date 9. ::h*Ni61)W'. OF AL11110RI72D APPLTGW'1' REPRI:SL•'Ni`ATIVE 'ryy..l N'VIv alkl Tit-lo Phone H Der to 10. STNIVS OF QAIPREII[-NSIVI? 11I0y) CYWI'Rnl. [IAIIACFMINP PLAN (FOR THIS PRCI7ECP) Preparation Underway (=Anticipatcd Canpletion Date gC rtIflc.ntion by County Diginncr Date " - - (tc) th Ix?st of my knowl,xlgc the nL rSve isco?r`cct7-_ iiiEoliiiatitiri ,INISII) 10-24-84 County Priority Rating of h.:iti L Jefferson County j ? . ?i JEFFERSON COUNTY COURTHOUSE NATIONAL HISTORIC SITE PORT TOWNSEND, WASHINGTON December 4, 1984 Ed HammersmLth, P.E. Department of EcoLogy MaLL Stop PV-11 ShoreLands DLvLsLon OLympLa, INA 98504 Dear Ed, Department of Public Works COURTHOUSE PORT TOWNSEND, WASHINGTON 98368 TEL. (206)385-3505 BRIAN L. SHELTON. DIRECTOR _ SubmLtted herewLth are four (4) proposed projects for consLderatLon under the FLood ControL AssLstance Account Program. The submLttaL LncLudes one project sponsored by the CLty of Port Townsend and three projects by Jefferson County. If you have any questLons, please contact me at (Scan) 576-7064. SLncereLy BrLan L. S' hel.t? on, P.E. DLrector xc: FLLa a i s ? 6 q. ' 11ju9 _ - k 4 itrm. , I ± '?' 1Ai a-Ak ' ` ? ' e??,' ? -,.--.:s: va._ ? :_.Y-. PY ?.4 l?• , ?_-$A7d'lro'F??"S3Y.?H1#,,,n , ' ? . J AIL APPLICATION FOR PROJECT AS.SIS- 'C EhE=74CY PROa °'. Yes CD NO (:E) Y FLOOD CONTROL ASSISTANCE AOOOUN1' PRX;RAt f (CH. 86.26 RCW) 2. COUNTY ENGINEER " 1. NAME AND ADDRESS OF APPLICANT Name: Brian L. SheLton, P.E. k A - " pal corporation Address: Courthouse, Port Townsend (Count or Munici with mailing and location address) i Phone # 385-3505 ?WA 98368 Jefferson County PubLLc Works Scam-706T $ Courthouse Port Townsend, WA 98368 -- r ?;, 3. PROTECT TITLE, DESCRIPTION AND LOCATION (Attach vicinity map and sketch to identify `.• water body name, stream river mile and t general plan map; Section, township, range, etc.) 4. PROTECT omnACT PERSON ROCK CREEK RIP RAP F. Nano Brian L. SheLton, P.E. Extend existing rLp rap bank protec- o Address Courthouse tLon and restore bank to naturaL {} condLtLon. Hoh RLver, just downstree Pont Townsend, WA 98368 from the mouth of Rock Creek. Title DLrector PShone can 5. ESTIMATED PROIEOT COST (Dollars) Project duration 7 mo/yxx Local Share 50% State Grant 50% Unincorporated Area Other Total cost $ 20, 000 Incorporated Area 1 F?l 7 ,y Name of City or Tour .. FLOOD FREQUENCY PROR£CTIOV PROVIDED BY PROTECT FACILITY Prior Yrs; Present Years; Future Years Not Applicable O 7. BRIEF DESCRIPTION OF PROTECT BENEFITS - Describe the development which exists on lands protected by project facility and has this project will mitigate flood damages. (Attach detailed description if necessary) See attached 1 8. (FOR USE BY CITIES AND TMS ONLY) - z WHAT IS THE STATUS OF APPLICANT'S CCMPREHINSIVE FLOOD CONTROL MANAGE!dX' PLAN? L Colleted cJ Preparation Underway O Anticipated Completion Date V 9. SIGNATURE OF ALMIORIZED APPLICANT REPRESENTATIVE - - 4 t Br Lan L. SheLton, P.E., DLrector 385-3505 Typed Name and Title phone # Scan 57 607 064 J, v r„ :,' ' Date ry1 10. STATUS OF COMPREt{FSISIVE FLOOD CONTROL MANAGIZMEN PLAN (FOR TF1I5 PFiO7ECI') Yh; CanPleted © Preparation Undenay =Anticipated Completion Date t "taZSU it _ - p Date Certification by County Enginecr? ?ill } !I „ .. _o (to the best of my knowledge the 1 a ve info ma 'ion is c'otrecE7-" 1 Y kEVISED 10-24-84 County Priority Rating f H k•4 + h' 5 a i.'[ e r ?' (? ? ?'-' ..., .+. ?r ] ,?:LY ,=.:i L'7•?t'_"';:-:'i rfk?Ul??n u?'.'? h+Wx?; y? u q L S?"" yi. . a ? I ? r ? ... L ` - A VI Q A ?. s $alA} ROCK CREEK RIP-RAF I PROJECT DESCRIPTION The work to be acomplished under this protect will consist of , extending the existing bank protection approximatelY 300 feet downstream from the terminus of the bank protection at the mouth of Kock Creek along the north bank of the Hoh River. The proposed project will require the placement of approximately 1000 cubic yards of rip-- rap, 1200 cubic yards of fill material and the restoration of the bank above the rip-rap to its natural condition. as PROJECT BENEFITS The Hoh River is a wild river that meanders within its valley and is subject to sudden shifts of its main channel causing bank erosion -and washouts along its course. In the past ten years, Jefferson County has placed rip-rap bank protection on the north bank of the Hoh River,and both banks of Rock Creek at its mouth upsteran of this project to prevent further damage to the Upper Flail Road and to protect the Rock Creek Bridge on the county road. The river has since changed channels _ and is now causing erosion of the bank at the downstream terminus of the existing bank protection endangering the county road, the existing ?- rip--rap bank protection and possibly the bridge. This project will prevent the further erosion of the north bank of the river, protecting the county road which serves the Floh Rain Forest, of the Olympic National Park and several permanent residents. . s1? , ' kq s n pam9 z tk ,'IF'e?'+,? 'Nn,'°r?ry ,, "kiWhx'Wk1 1Yi? f 2i?N?Y".f}s?' t ,R r + r rr "W A41" Pa+M mx ,tai 5 999, M, r Y n . ? R .A GENERAL HIGHWAY MAP JEFFERSON COUNTY WASHINGTON ,°. CLALLAM COUNTY _ Y"d I Y' T •,... t „101 ?` r r Ir , 'r? Y, T ' ( .,• - 5. I tt .. ?? I I -.?f.. er • - ._ ?-. M . r -.' L? ? ?r rurcwrc nron.rrw-xwm.wrrrc..wtuu .rs.w.rrr..rryrrr It,;,il r I I pAMy1 ,t'?'61 _ ^? .' .y....7,.t -,:ru r.t•. ,*a r IR IM w r ?? nar - . r . i u ? 1 iY I I F X` E r , 1 ' I ? } M r, C\i J Y r r 2 i. OD a ?c J Rw 41 0. ! 1 w Oo y a £ 8Y r, Q .y + f z o ,. u .n J d U Cl- `r H 5 '?1 l APPLICATION FOR PRcaccr ASSIST. .E Du RGGNCY PRla7CX Yes O No FLOOD CONTROL ASSISTANCE ACCOM' PROGRAM (CH. 86.26 RCW) ', ,'' ,'•q 1 NAME AND ADDRESS OF APPLICANT 2. COUNTY ENGINEER Name: Bri L S '' . (County or Municipal corporation an . helton. P Address: Courthouse R with mailing and location address) Port Townsend, Phone # 385-3505 Jefferson County PubLLc Works IVA 98368 Scan 576-7064 Courthouse Port Townsend, WA 98368 _ 3. PROJECT TITLE, DESCRIPTION AND LOCATION '. (Attach vicinity map and sketch to identify water body name, stream river mile and 1 general plan map; Section, township, 4. PROJECT' CONTACT PERSON range, etc.) SOUTH SOGACHIEL RIVER BANK PROTECTIOP „ rV.} Name Brian L. SheLtcn- P F Place rLp rap bank protectLon and dress Courthouse Ad restore an d stabLLLze sLope onthe so th b k f ,.; y;'?n P u an o the BogachLeL RLver ort Townsend, WA 98368 (R.M. 19.0) Ln Sec. 1, T. 27 N. R 13V xN Title DLrector Phone # 385-35 5 W.M. - 4 S. ESTIMATED PFD= COST (Dollars) Project duration 3 moil cx ?' Local Share 50% State Grant 50% Unincorporated Area .0 a Other 'dotal Cost $40,000 Incorporated Area O Name of City or Town - ?- ? .. FLOOD F14DQUENCY PROTECTION PROVIDED BY PROJECT FACILITY Prior Yrs; Present Years; Future Years Not Applicable 7.. BRIEF DESCRIPTICN OF PROJECT BENEFITS - Describe the development which exists on lands rotected b pro'ect facilit and how this ect will ti t fl d d ?,- oo p y y prod w> miga a amages. (Attach detailed description if necessary) See attached 8. (FOR USE BY CITIES AND TOWNS ONLY) FIAT IS THE STATUS OF APPLICANT'S CQMPROD24SIVE FLOOD CONTROL MANALEDWN PLAN? Completed^^ CJ Preparation Underway O Anticipated Canpletion Date _ 9. SIGNATURE OF AUTHORIZED APPLICANT REPRESENTATIVE A? `tomb ?? 'typed Name and Title Br Lan L. Shelton, P.E., DLrector Phone # 385-3505 w Scan 576-95TX- Date A4 it 10. STATUS OF OCMPMIENSIVF, FL= CONTFAE, MANAGpl&WT PLAN (FOR THIS PRQIECT) l Completed O Preparation Underway =Anticipated Canpletion Date Certification by County Engineer ?c.• 0 Da to / (to the best of my knowledge the alcove info ion'r cdre'e6 1T-`-' -T T -"-- REVISED 10-24-84 County Priority Rating of 4 w m? SOUTH POGACMIEl_ RIVER BANl< ., ? P'I40JEC'T' ;DESCRIPTION M The work to be accomPlished by this p^o,lract con=:ists of p7.o.c:inq i,Pprrn:imately 500 linear feet, of bank :,ror,ecti.on ralonq the so,rth bank of the Iiogachiel River, at R. hi. 5.0•b-, and resLorinq the upni.].l slope to its natural condition. "Ile pronosed b, be constructed of approximately 1:50'.) cr.;b;r_ yards ofltneoveycri p..on rra p. ,, . PROJECT BENEFITS "*. The E'ograc_hiel River is a wild rive+r IhQL meanders through its va.t1e.y and is sub,iect to shifts of its majn channel causing banK erosion and .;' washouts along its course. The river hos moved s,nfficently in 'the lusL two years to c.luse the erosion of, the t arer op of the brinit in the. pra,ae:r.t resulting in a slide that it s caused Lhe South Ysogac•hiel Road to delelup stress cracking to it. cc'nL4?r'J.Jllc 'T'he. pro,.iect will rrot.ect Lhe toe of the bank, allowing for the stabilization of the ,laF;e Ind counLY road. The South Bogachiel. Roar) is a rural access rrna about s:u: permanent res d serving I idents and =everal more recreational properties. The road is the on1,,? rai:CeSS t;o I, hose properties and residents. tie ax ti ?pSI r w V aJ r"? u h g ' ! xk ^?">r"r 4??? t ? 1`r + ??I M rh 3 X ,? i } or F I A"?fi, I s r ??` I , ? v 'r . 1 fir t r ? ft . ? ? e ? pp I k r } ? yy[L r ?} f ,u ,a . tY s y?cyf I - 1i1 - ... VIA 77, ,P. 12 R /3 W o?I o ; S :0 afi- tt Allam town, f'. .? W 1'•.. i +f ` .y F? 1 o ? a ? a ? 4ti , b•, y y Ot h . Ith "N1 n Ca ?. J Z Z •, S ? f n? o WW,, Y .,f ,V ?Y „„Q O h`2 rj 1 ?4 7 J P '+"r lr ?r??? ? p ' ? 3 ? ' ??' , F r ? '. "' T F?' ?t'•dS? r„!,?? F v+ i,r ?:L?i Y +N?,' ?i r;, '?V?"' , ?? 1 ?. >,,,? ?;R ?a ?4 Ijt? Yt-M .'iii rr + Y t?,k ?' t ,• t h • pi t.... ? rr • bra'. {?. H 7 fit., n APPLICATION FOR PROJIsCI' ASST.. ANOI: P:hll :p,'IiN? Y I'IYII' Ycs O p7i `X 1 : FLOOD CONTROL ASSISTANCti ACC(xIN'I' I'RO(:I+N7 k +.•- (al. 86.26 RCW) rI , 1. NAME AND ADDRESS OF APPLICANT 2 Ct Y INI'Y I•:NGI M•:I?I! BrLan L. SheLton P.E._. __ t M: "'. t - r w ' • w ?T9 (County or Municipal corporation 1820 tiJr c:;1820 Jefferson St • .,.. re with mailing and location a Port Townsend, Phone # -' WA 98'3fi8 ------ '?.:' . , City of Port Townsend • _ r?{ 540 Water St. 3. PI:OTL•.C'l' DESCRIPTION AND Lf.K:A'I'IrNd Port Townsend, WA 98368 il:n?i.(y (i\ttach licinity map and sketch to venter body name, strewn rivrr mil .:r. rpmonil plan map; Scct.Lon, Lr.m,.hi1, - ll '' r.vig,.r, Mc.) 4. PROJECT CONTACT PERSON S? a Name Ted Stricklin Water Street Beach Restoration j. Address540 Water St. See attachment "A" Port Townsend WA 98368 Title Public Works Dir_Phone #2294 ESTIMATED PROJECT COST (Dollars) 5 Pro'iect duration 6 mofcjr. * . Local Share 508 State Grant 508 Unincor.;Doratcr3 Area O Area O t .,.. _ Other Total Cost $75,000 ss) 385-3505 dd c. Tncorpora 8. • Nalco of City or. Town Port Townsend FLOOD FREQUM,)C'Y PROTECTION PROVIDED BY PROTECt' PACI LI'IN Prior X Yrs; Present X Years; Future 100.Ycars Not Applicable O 7. BRIEF DESCRIPTION OF PROJECT BENEFITS - Describe the dovelopment which exists on lands protected by project facility and how this projr,et will mitigate flood dam'Igos. (Attach detailed description if necessary) Project will restore seawall and rebuild beach to protect seawall and the buildings behind it. (See attachment "A") 3. (FOR USE BY CITIrS AND TOWNS ONLY) PAIAT IS 711C STATUS OF APPLTCAM''S ccWRCI1E:N,;1%: I'Dfi) r..ONTROT. MANAGI'Ml'NI' PLAN? Conpleted O Preparation Underway AnticipaLC-J Camp,eLion llito 3yr. n A 9. SIGNATORE OF ALMIORIZED i0'LTCANr REPRESUVIA'rlvi-i V.4,/X,-! ???_?! .... _ ._. ._ ...... .. Typed Name and Title Brent Shirley, Mayor_..._,.. Phone N 3000 Date November. 29, 1984_- t. 10. STATUS OF OOMPROMNSIVE FLOOD CONPROL MANAGRMW. P PLAN (I'OR 'rTIIS PROJECT) Capleted O Preparation Undotway OAnLicijlaLcd Crmpletion IVA,• 6 mo. ,x Date ??..? . ! Certification by County Engineer ??++ (to the best of my knowledge the a ve to "d Ion Is c7 rrecE7 - Z of I4VISED 10-24-84 County Priority Rating r '.`tn?Rn?l' I r`ra.? z n ::1 c, 9;?+ by ,a; 77I ?y''1w ti t V ! 'fSJI l Al: ji? + - H lz f??t s ti r I d h i ?? ? ,?4II I 5tl? S , i 1 (r, r M7. '' t 1 ? r 'r it i l ri Aft Department of Public Worlds PORT TOWNSEND, WASHINGTON 98388 208/385.2294 rf ? „rua ATTACHMENT "A" 7. Project Description & Benefits At the present time, especially due to the high wind driven tides, erosion of the bank material from behind the existing rip-rap is occuring. This erosion is undermining some of the buildings and parking areas along Water Street. Beach material is also being lost at a faster rate than it is being replaced. ?q Mr. Wolf Bauer, P.E., has been retained to design a ??' system of groins that will allow rebuilding of the t1E beaches to the point that they will absorb the g , destructive nature of the severe wind driven high 0 tides. This will not only protect the historic buildings, but will also provide beaches useable to the public and marine life. ? 1 I T A r _ - Met `1 'S! Mpp'? + p1 1 y +r L? r tr stir 1 7 4 , s zi . I 1 ? W?? ?? I y S`+ ref L 4 f iF`1 ?j/?? yy 1?I? I M, IV ME, !llj,- Q' sYFk? - .''a c ?.e A.- t ?J i z La ` a `. 'a l -----•-•- lw? U.;L-_-_-_--.-------------•---•-•- e, i 1^ Lz 3\ v1 i? ? V 1 7 Al a ZZ" ._ c. i $s? Q F_ g i y F F 4 • 5 3,• x f d r7 - - ]14. S ?3j ? 5 I f ?; Y .,. ?A( ???. '-?" 'tr ? sAl ? .: ? •?N.-..7!TdY:TiP?S:.4°.? r `5'v' n...,..fT.•..eRR7S2?d3?.dF'_. .-.... .. .... -....w?a. .... •? G....?..?? .? ? 3?3T.. `?. e?"? t- i _IJ ? 3 1? 7Nl?IL?7 - i-- - -1 uvao? i • ?f I i . I ... •' . - 1. • >.. ? 2• f . ' I r i ? J ff ?• - + ? f ? r ? '• z • 1 V =Jz 4 .E : S ? 3 ? •? b? I I ? v 1 b p?v 1 Q LL ? a ._ `l 1 Ol v v a a d ;II n 1 VV 1 t F w w , =a Aft? w N T' CI; S ' F!•II?I8:!;N(`i PRO11 Yes C N.o - S OI? r1t(1TI:CT A PL,A:A'I'IOCJ r• r•'LO()n CIXN'11ROI, ASSTS'I'NdCli ACC'OUMI' I'1K7(:Iv\14 x I (CII. 8G.26 ROW) K 3 5 2. C()uny I•:NGINCER SheL Lo y L P E i ( 1. P'.WE AND ADDRESS OF APPLIC11rNrV . an _ - L-_ Mum,.: Br ' (County or municipal corporation Address: Courthouse Port Townsend, # 385-3505 - -* ? ,_ '. with !nailing and location address) 1 tea 1 s, #. d Jefferson County PubLlc r"forks Courthouse Port Townsend, WA 98368 w 4. PROJECT COMPACT PERSON Name Brian L. Shelton Address Courthouse Port Townsend WA 98368 Phone # 385 3 Title DLrector gcan ."ifiG" 5. L•'STIMATED PROJECT COST (Dollars) ' 77Ak r' iltt aT'I M' rascal Share SOi State Grant 50°6 Other Total Cost $ 200,000 WA 98368 Phorn_ Scan 576-7064 3" PRa=r TITLE, DESCRIPTION AND LOCATION (Attach vicinity map and sketch to identify water body name, stream river mile and general plan map; Section, township, range, etc.) BLg QuLLcene RLver Bar and DebrLs RemovaL. Remove gravel bars a dLbrLs (root- wads,stumps, Logs, etc) from maLn channel, of the BLg QuLLcene RLver, from the mouth Ln QuLLcene Bay to the SR101 brLdge through the unLn- corporated town of QuLLcene Ln Jeffer r son County. Project duration 3 mo%srx Unincorporated Area C Incorporated Area O Name of City or. Town 1 FLOOD FREQUENCY PROTECTION PROVIDED BY PROJECT FACILITY Prior 2 Yrs; Present 1Years; Future 10 Years Not Applicable ' 7. BRIEF DESCRIPTION OF PROJECT BENEFITS - Describe the development t hick a istsdonlages. lands protected by project facility and how this prof. (Attach detailed description if necessary) See attached. 3, (FOR USE BY CITIES AND 'IKA-S ONLY) hl UYl' IS TILE STA1US OF APPI,TCANI''S CCNIITFJ UINI SIVE FLOOD CONTROL M71NM2*24T PLAN' Canpletcd ^ C J Proparation Underway O N(ticipated Ccmpletion Date ( 9, STIVA'IUM, O^ AU'11IURIMID APPLICA.N'I' REPRRSENr rive ^.25?1.1 &J-_/_zMa -I- 'IY1xr,l Name arRl 'Citle -Brian I_._Shell:on._Di.recl'or Phone # _3155 -3505_ • --_ 576-7064 Late - /' ---------- smrUS or C()%TPREIIENSIVE MOM CCxNI'ROL MNJAGI•T1Ff r P[AN (FOR '1111.5 PROJIiC'1') CaqActed Preparation Underway CDNttici1,,'t.Cr1 C"anP10t'on Date Date ... Certification by Count)( lhginccr fr ri?? ?/-C,c???L"!!•....__ ? corre(r) u? (LO tlm trst of my knowledge thL. alnvc i.nFortnaiiiuin IS Cuunt.y Priority R,101113 14VISRD 1D-24-84 ALI i"A RIG OUILCENE RIVER BAR & DLTUU.S REMOVAL a PROJECT DESCRIPTION The worK to be accomplished by this project is the removal of approximately 30,000 cubic yards of the bed :load material in the e:aasting main channel of the Raq Oui:lcene River that has been deposited in the past 25 years. The material consists of mostly cobbles, gravel and sand, with woody debris consisting of logs, root wads, stumps, etc. The project limits are from the mouth of the river in Quilcene Ray to the bridge at State Highway 101, PROJECT BENEFITS This project will mitigate the flooding and subsiquint damage to approximately 1.6 miles of county rulacls that includes two bridges with an estimated repllacement cost of $220 K, existinf;i flood control dikes, and the adjacent, private property, that, includes residf-anti-:11 and commercial development. The Big Ciuilcene River has in recent times topped its bnnKs annually and -i`looded the area from upstream of 'the Rodgers Street Bridge to the mouth on both sides of the main channel causing damage to the county road system, private property, and the existing flood control dikes. Addition-ally, the woody debris that is carried downstream during 'the periods of high flows has hecome. lodger.) on the underside of the bridges, causing both damage to the bridge and further, flooding because of the reduced capacity of the opening under the bridge. The proposed work will lower the surFace water elevation of the river during high flows, he:lp Keep the river contained in its existing channels arrd reduce the debris carried downstream, reducing related flood damage. k ? ? r '.1 ft.? ? ?• ? - I? F. ?r ?? 1 1 f J ? e h ? r ? r f Ni r. S L e_ i l 1 ! 4 + t L' 1 al`L ? (1 y r l3 I 'u r ? Q I t r • aOOAY/SM ??,Qr?'fw: /3 W' -j • t F I .l V?t:ir __ NINION Ic- ??` f I ?Yl I I/? ? I= I ]% ONILCENE ' I l t ti ?r? .rlr 4 y' n'?rr / 4? I i rl • s ? •?' ? 1: ?r V % ?' t . IOI ' ? I w s.r / I i ? a ? k c a 'I ?f I .. 0 ?/ n Pr F ? 6??......i?f ', kva of z ^' I N c o C\i H 0 g y1y I lN !! a 00 ? nl N -- N - u u ?. I N ? 1l w l I ,7 CLI i ? N ? . ZllS I I `4?r l Fey 11 f r a x WAC 173-144-080 MULTI-YEAR PROJECTS. Legislative approval will only be required once for a project which continues more than one year, but funding after the first year is subject to further FCAAP appropriation by the Legislature. NEW SECTION WAC 173-144-090 WORK STANDARDS FOR ALL FCAAP PROJECTS. All work which is funded from the flood control assistance account shall conform to the standards and specifications of the U.S. Army Corps of Engineers, the U.S. Department of Agriculture Soil Conservation Service or the county engineer. -8- 140 c x I.I E 1 NEW SECTION .,ri i NEW SECTION J. WAG 173-144-070 EMERGENCY PROJECT FUND ADMINISTRATION. The follow- ing criteria shall be the basis of allocating the emergency fund monies: M' (1) Appropriation from the FCAAP fund for emergency projects will " require the declaration of an emergency by the county commission or the county executive. (2) Application for emergency funds must be made on the same form used for nonemergency fund application. (3) Payment of FCAAP funds for the emergency project will be based r ,f on actual project costs. a (4) Payment of money from the emergency fund shall be allocated on a first come--first serve basis and shall not be based on any priority system. $• (5) Emergency project grants shall not require legislative approval but shall be approved by the Director of the Department of Ecology. i j (6) The maximum amount of money allocated to the emergency project .;f y fund shall be $500,000 per biennium and will be so identified with the list of projects submitted to the Legislature for appropriation. 20 (7) The flood control assistance account contribution shall not r exceed 80 percent of the eligible project cost. C -7- ?A i' r? ? ? ? V 9 ' OW, - ? i ar?,1i d2tl ?u? Tom Ti,4\'.. y" k ? Prli pk 1 9 p • -S [ 17 `m' (2) An evaluation of the findings that the county, city, or town in which the project is located is engaging in appropriate floodplain manage- ment activities in the one-hundred-year flood plan. (3) An evaluation of the status and adequacy of the comprehensive flood control management plan for the project basin, county or munici- pality. (4) The priority given to the projects by WDOE shall consider the priority which has already been established by each county. (5) An evaluation of the magnitude of potential public damage that might occur without the project. (6) An evaluation of the project urgency. NEW SECTION WAC 173-144-060 FLOOD CONTROL ASSISTANT ACCOUNT CONTRIBUTION AND MATCH REQUIREMENTS FOR NONEMERGENCY PROJECTS. The following criteria shall be used regarding the FCAAP funding for all nonemergency projects: (1) The maximum contribution from the Flood Control Assistance Account toward the cost of any project shall be $500,000 per project. (2) The amount of FCAAP contribution for any nonemergency project shall not exceed 50 percent of the total project cost. (3) The total FCAAP contribution for all projects in any county shall not exceed $500,000 per biennium. j x F . ' r J. 'y A -6- Y r { tii'? °"li '17S r ?K`?Tf.+,'iV'?7T .??f ?f X 'i r S r f r ' ?(4, }?? ? ? r ? F?1 r i .. F a i I a z,. 'f ? t?l„?7tY r :k 1 , ? • •? C_?>. -??F59YS'. ?'6Y?`Ca. '.S$fiSRSL.s..a... - . '.. ? C (6) WDOE will analyze all projects for compliance with the require- # Y manta pursuant to this chapter and Chapter 86.26 RCW and give priority e to projects based on the criteria defined in WAC 173-144-050. ?. (7) WDOE submits the list of projects to the Legislature for approval. (8) The applicant and/or county shall acquire the necessary federal, state, and local permits along with any other permission required to com- plate the project. (9) WDOE shall consult with the departments of Fisheries and Game r p` regarding the list of projects. ? (10) WDOE shall prepare, and finalize the cooperative agreements with the counties. A (11) The construction plans and specifications shall be prepared by the applicant for approval by the county engineer prior to submission, i U? to WDOE for review of each project for compliance with all requirements. F ' (12) The county engineer shall supervise and direct each project. (13) WDOE shall monitor each project for compliance with the provi- sions of the cooperative agreement. NEW SECTION WAC 173-144-050 PRIORITY OF NONEMERGENCY FCAAP PROJECTS. The priority given to nonemergency projects by WDOE, the counties, and other municipal corporations shall involve consideration to the following cri- teria: (1) The public benefits from the project shall be commensurate with the amount of FCAAP funds granted for the project. -5- t •h } ? t 1 ?? ? y ?u rtd i. ? - i E• , i f C F Y 151 ?f rI 1 y 1 `1k F t t? f y f .1 a ? ? y 11 i Y ? rr E r^ tee.. ?c NEW SECTION WAC 173-144-040 FCAAP PROJECT APPLICATION AND APPROVAL PROCESS. The project application and approval process for the municipal corpora- ?y tion application shall include the following in the general sequence given. t (1) The applicant shall prepare the project application to comply with the provisions of Chapter 86.26 RCW and this chapter. The applica- tion shall be made on a form furnished by WDOE. In addition to the com- pleted form, the application shall include the following: (a) A detailed written description of the project; (b) A vicinity map and sketch to identify water body name, stream river mile, section-township-range, etc.; V (c) A general plan drawing of the project on an 811" x 11" or 811" x 14" sheet; and (d) A description of the project benefits which describe how the project will mitigate flood damage and describe development which exists r. on adjacent and nearby lands which are protected by the facility. "r (2) The applicant and county engineer shall review the preliminary project plans with the Washington departments of Fisheries and Game. (3) The applicant shall indicate the priority of the project appli- " F cations if more than one is submitted. (4) The applicant shall submit a prioritized list of project a ? t applications to the county engineer. r ? s t y,d ( (5) The county engineer shall certify the status of the comprehen- sive flood control management plan and shall submit a prioritized list of } f all project applications within the county to WDOE. „t. -4- f (10) Eligible Project Costs. Only that work which is conducted during project construction shall be eligible for payment from FCAAP 3cn &,A, I funds. NEW SECTION -- WAC 173-144-030 DEFINITIONS. Following are the FCAAP definitions of words and phrases: (1) "Emergency Funds." That portion of the four million dollar Yr? biennial appropriation set aside to perform emergency work. (2) "Emergency Work." Work which must be done immediately to pro- tect life and property when an imminent flood threat exists or immediately after a flooding situation to prevent further losses. (3) "Maintenance Work." The work necessary to keep in good condi- tion, repair and preservation of the natural condition or man-made flood control facilities which are subject to damage or destruction from flood- ing by action of erosion, by stream flow, by sheet runoff, or other damage by the sea or other bodies of water. (4) "Restoring." The work necessary to bring an existing condition or man-made facility or other works back to its former or natural condi- tion by repairing, rebuilding, or altering. E -3- 4?4. Chapter 173-144 WAC ADMINISTRATION OF THE FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM NEW SECTION u11 n L:J WAC 173-144-010 AUTHORITY AND PURPOSE. Chapter 212, Laws of 1984, Regular Session, amended Chapter 86.26 RCW, State Participation in Flood Control Maintenance (the Act); RCW 86.26.010 provides that the Department of Ecology (WDOE) shall administer and enforce the Flood Control Assist- ance Account program (FCAAP) established by the Act. This chapter describes the manner in which WIDE will implement the provisions of the Act. NEW SECTION WAC 173.144-020 ELIGIBILITY CRITERIA FOR FCAAP FUNDS. The following criteria will be used for approval by WDOE of a maintenance project appli- cation for flood control assistance funds. (1) Eligible Municipal Corporations. Municipal corporations which are eligible to receive FCAAP grant funds include but are not limited to counties, cities, towns, conservation districts, and special districts which have flood control responsibilities, a t N?l ; aTi L'TA . + 1 ? 1? b?? ? i yep r; r at 1 it ` ?? { rtidN VLA F _.. .. t 7 777,7' 71 6 - - 4: 6 ? m 99 R4r (2) Public Benefit. It shall be clearly demonstrated that the `y projects shall display a general public and state interest as differegti- t ated from a private interest and they shall bring about public benefits ' commensurate with the FCAAP funds provided. ? r ? .9 y (3) Permit Requirements. Prior to construction, the project must ) meet all applicable local, state, and federal regulation and permit requirements. ?•,1#'. (4) Comprehensive Flood Control Management Plan. The county or x municipal corporation in which the project is located must either have a comprehensive flood control management plan completed and adopted or f in preparation by the appropriate local authority and to be completed and adopted within three years of the date of certification by the county engineer that a comprehensive flood control management plan is being pre- pared. The project shall be consistent with and conform to the compre- hensive flood control management plan. (5) Project Cost. The project grant application shall include the estimated project cost. (6) Project Benefits. The project benefits shall be clearly identi- fied and described. (7) National Flood Insurance Program (NFIP) Requirements. The unincorporated county or incorporated city or town in which the project is located shall be participating in the NFIP and shall be meeting the NFIP regulation requirements. (8) Legislative Approval. Nonemergency projects shall not be funded from the FCAAP without approval by the Legislature. (9) Budget Report. Any municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county -2- r ?'r ' NEW SECTION + WAC 173-144-080 MULTI-YEAR PROJECTS. Legislative approval will only 1r be required once for a project which continues more than one year, but iC funding after the first year is subject to further FCAAP appropriation by the Legislature. NEW SECTION t' k WAC 173-144-090 WORK STANDARDS FOR ALL FCAAP PROJECTS. All wor which is funded from the flood control assistance account shall conform g -` to the standards and specifications of the U.S. Army Corps of Engineers, ? ?.,. the U.S. Department o engineer. f Agriculture Soil Conservation Service or the county -8- !' }f ppt ?4 1 , A ??a??} "l ,1 P ntuc1 ?9R?1tAfx`}hi?ir. -xJ2 't p ?h'I n ?,y ! . a T ; ?' -7- f SWI ffr (2) An evaluation of the findings that the county, city, or town in which the project 1s located is engaging in appropriate floodplain manage- meat activities in the one-hundred-year flood plan. mr (3) An evaluation of the status and adequacy of the comprehensive :- , to • flood contr l l , o management p an for the project basin, county or munici- pality. (4) The priority given to the projects by WDOE shall consider the X C priority which has already been established by each county. (5) An evaluation of the magnitude of potential public damage that might occur without the project. 5 (6) An evaluation of the project urgency. - a c _ X NEW SECTION WAC 173-144-060 FLOOD CONTROL ASSISTANT ACCOUNT CONTRIBUTION AND .,. .,, MATCH REQUIREMENTS FOR NONEMERGENCY PROJECTS. The following criteria shall be used regarding the FCAAP funding for all nonemer enc 8 g g y projects: (1) The maximum contribution from the Flood Control Assistanc e.,. Account t oward the cost of any project shall be $500,000 per project. a (2) The amount of FCAAP contribution for any nonemergency project shall not exceed 50 percent of the total project cost. (3) The total FCAAP contribution for all projects in any county shall not exceed $500,000 per biennium. I -6- 11A ??? a 1kP ?,° ? V% ? R - r n , a . ? x 1 v 1 t ' } ` ^f r c . r. g • M 1 0 (6) WDOE will analyze all projects for compliance with the require- ments pursuant to this chapter and Chapter 86.26 RCN and give priority to projects based on the criteria defined in WAC 173-144-050. (7) WDOE submits the list of projects to the Legislature for approval (8) The applicant and/or county shall acquire the necessary federal, state, and local permits along with any other permission required to com- plete the project. (9) WDOE shall consult with the departments of Fisheries and Game regarding the list of projects. (10) WDOE shall prepare and finalize the cooperative agreements with the counties. (11) The construction plans and specifications shall be prepared by the applicant for approval by the county engineer prior to submission to WDOE for review of each project for compliance with all requirements. (12) The county engineer shall supervise and direct each project. (13) WDOE shall monitor each project for compliance with the provi- sions of the cooperative agreement. NEW SECTION WAC 173-144-050 PRIORITY OF NONEMERGENCY FCAAP PROJECTS. The priority given to nonemergency projects by WDOE, the counties, and other municipal corporations shall involve consideration to the following cri- teria: (1) The public benefits from the project shall be commensurate with the amount of FCAAP funds granted for the project. -5- AM- r,1 ?»rc pax rl, a e wtti , p r?? ti 1 ^rt q „,= 7* Y m x2, )° aF t 1 } "? f , , i`, 164 4?4 -k uA Mi4! ( M 1'. 1 AM}y.. ti'I r' i tl 1. VI t?t . S ;f {? h ?? ? ? 1 I ? 4 S v 11 ?ti 1 ' • ? '. l 'I r ? l t rt 1 yyryry l?; ? w ? .Its ( ti r ? ?; Y r } rt -41 it £' , r NEW SECTION WAC 173-144-M F•CAAP PROJECT APPLICATION AND APPROVAL PROCESS. The project application and e pproval process for the municipal corpora- lion application shall include the following in the general sequence given. •''"?' (1) The applicant shall prepare the project application to comply p; with the provisions of Chapter 86.26 RCW and this chapter. The applica- tion shall be made on a form furnished by WDOE. In addition to the com- pleted form, the application shall include the following: ? (a) A detailed written description of the project; ' (b) A vicinity uap and sketch to identify water body name, stream . S f+ L river mile, section-township-range, etc.; •:; " r ??;• (c) A general plan drawing of the ? s project on an x 11" or _ g 8Y" x 14" sheet; and -? (d) A description of the project benefits which describe how the project will mitigate flood damage and describe development which exists _ on adjacent and nearby lands which are protected by the facility. (2) The applicant and county engineer shall review the preliminary project plans with the Washington departments of Fisheries and Came. (3) The applicant shall indicate the priority of the project appll- ? r; cations if more than one is submitted. { (4) The applicant shall submit a prioritized list of project { z applications to the county engineer.; (5) The county engineer shall certify the status of the comprehen- save flood control management plan and shall submit a prioritized list of t all project applications within the county to WDOE. -4- . y i .y ?Y. tx s1Sv?k t A Y S . . a 45 J r ' G • engineer within 30 days after final adoption. The budget reports for ` -"- municipal corporations and for the county shall be submitted to WDOE by " a the county engineer not later than March 1 of every year. (10) Eligible Project Costs. Only that work which is conducted during project construction shall be eligible for payment from FCAAP ", ca r`l funds. Y .' NEW SECTION I P' WAC 173-144-030 DEFINITIONS. Fallowing are the FCAAP definitions of words and phrases: ' (1) "Emergency Funds." That portion of the four million dollar biennial appropriation set aside to perform emergency work, m (2) "Emergency Work." Work which must be done immediately to pro- tect life and property when an imminent flood threat exists or immediately after a flooding situation to prevent further losses. (3) "Maintenance Work," The work necessary to keep in good condi- tion, repair and preservation of the natural condition or man-made flood !? control facilities which are subject to damage or destruction from flood- ? ing by action of erosion, by stream flow, by sheet runoff, or other damage t? 4r k" by the sea or other bodies of eater. (4) "Restoring." The work necessary to bring an existing condition or man-made facility or other works back to its former or natural condi- :n Lion by repairing, rebuilding, or altering. D{?! k c -3- y (Al Ali Ltsia_ (2) Public Benefit. It shall be clearly demonstrated that the na.. _ projects shall display a general public and state interest as differenti- i '-'-' "• ated from a private interest and they shall bring about public benefits commensurate with the FCAAP funds provided. ,.:.. (3) Permit Requirements. Prior to construction, the project must Aa meet all applicable local, state, and federal regulation and permit requirements. (4) Comprehensive Flood Control Management Plan. The county or municipal corporation in which the project is located must either have t' a comprehensive flood control management plan completed and adopted or in preparation by the appropriate local authority and to be completed and ,:HAS adopted within three years of the date of certification by the county p? engineer that a comprehensive flood control management plan is being pre- pared. The project shall be consistent with and conform to the compre- hensive flood control management plan. (5) Project Cost. The project grant application shall include the estimated project cost. 1'. a .r. `- (6) Project Benefits. The project benefits shall be clearly identi- fied and described. (7) National Flood Insurance Program (NFIP) Requirements. The unincorporated county or incorporated city or town in which the project is located shall be participating in the NFIP and shall be meeting the NFIP regulation requirements. (8) Legislative Approval. Nonemergency projects shall not be funded from the FCAP.P without approval by the Legislature. (9) Budget Report. Any municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county ..2- NEW SECTION WAC 173-144-020 ELIGIBILITY CRITERIA FOR FCAAP FUNDS. The following criteria will be used for approval by WDOE of a maintenance project appli- cation for flood control assistance funds. (1) Eligible Municipal Corporations. Municipal corporations which are eligible to receive FCAAP grunt funds include but are not limited to counties, cities, towns, conservation districts, and special districts which have flood control responsibilities. r;':` e - 7, kp -. : •? - < ' r ? . . v.. fo,..a?tin+'S k ...a' - r... ._ ? . 4y?,h `air. ,,,-. A LL_ du n nn '. .. ?Y 6.26.060 T' 86 RCW: Flood Control ?• unds provided by local authority, if any, under reason- work on the state's in-stream resources, and identify the ' ble exercise of its emergency powers, shall be adequate river's meander belt'or floodway. A comprehensive flood or the preservation of life and property, and with due control management plan shall be completed and egard to similar needs elsewhere in the state. 11984 c adopted within at least three years of the certification 12 § 5; 1951 c 240 § 8.] that it is being prepared, as provided in RCW 86.26.050. If after this three-year period has elapsed such a plan 86.26.080 Annual budget reports of municipal eor- has not been completed and adopted, grants for flood rations-Allocation of funds. Any municipal corpo- control maintenance shall not be made until a plan is l d d d d b h i l l h ,. ration intending to seek state participating funds shall, comp ete e appropr ate an a opte y t oca aut or- b within thirty days after final adoption of its annual ity. These limitations on grants shall not preclude allo- ° budget for flood control purposes, report the amount cations for emergency purposes made pursuant to RCW thereof, to the engineer of the county within whose 86.26.060. [1984 c 212 § 9.] sod boundaries the municipal corporation lies. The county .• engineer shall submit such reports, together with reports t 86.26.110 Repealed. See Supplementary Table of P ; v from the county itself, to the department of ecology. On Disposition of Former RCW Sections, this volume. the basis of all such budget reports received, the depart- ment may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of ,, (unds from the flood control assistance account for the '. ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section. 11984 e . ' 212 § 6; 1951 c 240 § 10.] SY `T s - 86.26.090 Scope of maintenance in which state will participate. The state shall participate with eligible local authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment t and the normal and reasonably stable river and stream channel capacity for carrying off flood waters with a minimum of damage from bank erosion or overflow of nk adjacent lands and property; and in restoring, maintain- C ing and repairing natural conditions, works and struc- tures for the maintenance of such conditions. The state p shall likewise participate in the restoration and mainte- i nancc of natural conditions, works or structures for the protection of lands and other property from inundation or other damage by the sea or other bodies of water. f Funds from the flood control assistance account shall not be available for maintenance.of works or structures ?ea 1F maintained solely for the detention or storage of flood waters. [1984 e•212 § 7; 1951 a 240 § 11.] 86.26.100 Agreement as to participation-Limit on amount. State participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of the county sub- mitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state. In no instance, except on emergency projects, shall the state's share exceed one-half the cost of the project. 11984 a 212 § 8; 1951 e 240 § 12.] 86,26.105 Comprehensive flood control management pipet-Requirements-lime for completion. A com- prehensive flood control management plan shall deter- mine tsc need for flood control work, consider alternatives to in-strum flood control work, identify and consider potential impacts of in-stream flood control - °! •?. ?, 119M RCW SuPp-yagt Isla Title 87 IRRIGATION Chapters 87.03 Irrigation districts generally. 8 . , Chapter 87.03 IRRIGATION DISTRICTS GENERALLY -,' A Sections I 87.03.016 District may provide street lighting-Limitations. a ¢w+? s. 87,03.018 Creation or legal authority to carry out powers- Method-Indebtedness. 87.03.085 Post-organiration district elections-Election _ t boards-Notice. 87.03.475 Construction work-Bands-Notice-Bids- Contracts. 87,03.460 Compensation and expenses of directors, of rem A employees. 87.03.810 Lump sum payment to district for irrigable lands ac• quired for highway purpose, _ 87,07.815 Lump sum payment to district for irrigable lands ¦e- I quired for highway purpose-Order relieving fur. thcr district assessments. • ` . -[l f t ` 'f 87.03.016 District may provide street lighting- ' v Limitations. In addition to other powers conferred by w.-. I law, an irrigation district is authorized to construct, ? purchase, lease, or otherwise acquire, maintain, and op- erate a system for lighting public streets and highways ?a and to enter into a contract or contracts with electric utilities, either public or private, to provide that service. fix However, no contract entered into by the board for pro- viding street lighting for a period exceeding ten years is + to binding upon the district unless ratified by a majority vote of the electors of the district at an election called, held, and canvassed for that purpose in the same manner as provided by law for district bond elections. M The authority granted by this section applies only to an irrigation district that has begun the construction, ( ?r fat fivy N purchase, lease, or acquisition of a street lighting system % ?. by January I, 1984, or has entered into a contract for I 1, 0 that service by that date. 11984 a 168 § LJ r? . ma d f ?? 'liA}? z , rs 9 `?, ?' FI k , , '.u '?'$3wuosuaxa?au. • • ® State Participat ion, Maintenance 86.26.060 s2 RCW 86.15.i 10, been found to be of benefit to a zone i i the administration and enforcement of all laws relati $ or part c pating zones. The bonds may not exceed an amount, together with any outstanding general obliga- tio i d b d ng to flood control. [1984 c 212 § 2; 1951 c 240 § 3.J fi . n n e te ness, equal to three-fourths of one percent of the value of t bl 86.26.020 Repealed. See Sup lement T bl . axa e property within the zone or par. ticipating zones, as the term 'value of the taxable p ary a e of Disposition of Former RCW Sections, this volume. , .? ' v p op• erty' is defined in RCW 39.36.015. The bonds shall be Y issued and sold in accordance with chapter 39.46 RCW. 86.26.030 Repealed. See Supplementary Table of 6 6 p 7 (1984 a 186 § 62. Prior: 1983 c 315 § 21; 1983 c 167 § 211;1961cI53§17.1 Disposition of Former RCW Sections, this volume. [• " Purposr-1984 c 186: See nme following RCW 39A6.110. S-rabilhy-1983 c 315: S. note following RCW 90.03.500. 86.26.040 Duties of local engineer-Approval of the plans, etc., by department of ecology. Whenever slate a r' ' liberal construction-?--ability-1983 c 167: S. RCW 39- grants under this chapter are used in a flood control r ' .46.010 and note following. maintenance project, the engineer of the county within y F . '' which the project is located shall approve all plans for 4 C No the project and shall supervise the work. The approval of g ? i Chapter 86.16 such plans, construction and expenditures by the depart- [ C FLOOD CONTROL ZONES BY STATE ment of ecology, in consultation with the department of fisheries and the department of game, shall be a condi- Sections lion precedent to slate participation in the cost of any 86.16.095 Repealed. project. (1984 a 212 § 3; 1951 a 240 § 6.) 86.16.095 Repealed. See Supplementary Table of Dispositi on of Former RCW Sections, this volume. Chapter 86.26 STATE PARTICIPATION IN FLOOD CONTROL MAINTENANCE Sections 86.26,007 Flood control assistance account-Fstablishmenl- Usc 86.26.010 Administration and enforcement. b6.26.020 Rcpalcd. 86.26.030 Repealed. 8636.040 Duties or local cnsi-r-Approval of plans, ctc, by depanmcnt of ecology. 66.26.050 Projects in which state will participate-Allocation or funds. 86.26.060 Alioation of funda,- .6.26.080 Annual budget rcporn of municipal corporations- 86.26.090 Alloalion of funds. • Scope of maintenance in which state will participate. 86.26.100 Agreement as to panicipstion-Limit on amount. &6.26.10$ Comprehensive flood control management plan-Re• quirementa-Time for compaction, 86.26.110 Repalcd. 86,26.007 Flood control assistance account-Es- tablishment-Use. The flood control assistance ac- count is hereby established in the general fund. At the beginning of each biennium after June 30, 1985, the state treasurer shall transfer from the general fund to the flood control assistance account an amount of money which, when combined with money remaining in the ac• count from the previous biennium, will equal four mil- lion dollars. Moneys in the flood control assistance account may be spent only after appropriation for a specified list of projects under this chapter. 11984 a 212 § 1.1 86.26.010 Administration and enforcement. The de• partment or ecology shall have charge for the state of 86.26.050 Projects in which state will partici- pale--Allocation of funds. State participation shall be in such flood control maintenance projects as are af• reeled with a general public and state interest, as differ- entiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto. No participa- lion may occur with a county or other municipal corpo- ration unless the director of ecology makes a finding that the county, city, or town having planning jurisdic- tion over the area where the flood control maintenance project will be engages in flood plain management activ ities, on the one hundred year flood plain surrounding such area, that are adequate to protect or preclude flood damage to structures, works, and improvements that may be built within its planning jurisdiction on such flood plain after the request for state participation has been made, including restriction of land uses within e river's meander belt or floodway to only floodneompati• ble uses. No participation may occur with a county or other municipal corporation unless the county engineer of the county within which the flood control mainte- nance project is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less. Such participation shall be made from grants made by the department of ecology from the flood control assistance account. 11984 c 212 § 4; 1951 e 240 § 7.) 86.26.060 Allocation of funds. Grants for flood con' trol maintenance shall be so employed that as far es possible, funds will be on hand to meet unusual, unfore• seeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with 11994 ROY Sapp-.page 7511 ?e 4 M ? fl U N, ..A, : 'diwvra ". roc r 21 Y f FI ? J s 1 f1 R ! 1 ' y', G t ( t c. r t 1! r 4r ? N1 k t ; , r 1 a ti - - ,- i Y'{YIPd ,t'; A -tar Ijl ''Aasr i14.?.. to ..1(z $ WCC; Pl•ll?I Y:IiNCYPRO I' 51 ' ' ' i Ycs O No O . ION FOR PRC171 C PIdCA I N NI dXX) C 'CWJ'J,0I. ASS13'PJV40-' ACCOUNT I'M V1 i (0 1. 86.26 11 CW) 2. CIIIINPY NNCINEE'R w t. KAME AND ADDRESS OP APPLIC:AM' Ncunc: I? (County or Municipal corporation Andress: ____ r ?s & with mailing and location address) Phone tf •I. PROIL'sCr CONTACT PEPS(XJ Na j Fddress 'ritlc :one q .. F:STIM TED PRClII•'.Cr COST (Dollars) Local Share State GrzaiL _ other Total Cost 3. 1110JEUL' TITLE, DCSC:RIPTION AND LOCATION Le- (A ttach vicinity map and sketch to identify water body mane, stream river mile and g,2nral plan map; Section, township, r,inge, etc.) E Project duration _mo/yr. Unincorporated Area O Incorporated Area O Name of City or Tbwn ` -y FREQUDCY PROTEICITON PROVIDED BY P12(]IM' FACILITY Prior Yrs; Present __ Years; Future -- Ycai•s Not Applicable 7. MUEF DESCRIPTION Oil PROGF)CT 13EM PI'S - Describe the developnenL which exists on Unds protected by project facility and how this project will mitigate flood damages. (ALLaCh dotailod doscription it nocussarry) \. (FUR USE BY CL'l'lI:S AND 'IC+WiVS ONLY) IS'I71S STATUS OF A111I.TM11'S COMPRDIL•TIS1W.' F11:ICN) CON'T'ROL MANM-:MFNP P11%N? Prolrtration Underway CD AnticipaLod Ccinpletion Date _.-- CCtitµrleCc?1 C -D _ tiItNA'IUIYi OF' AU111UI217J:U N1111ICNVI' ' yl.etl Nam-, aril 'VILA,, Phone. q • 4 Date ' ID. S'rNPUS OP CYri1PRM.NS1Vl 1 1i CONTROL. MANAGIhll:Nl' MAN U`Y1s 'I111S DI2(]70CI') Ys . ,t a;y, (•? '_ ? Caupletcd Prgzrration Undutwoy O1lntic1paLirl Canplet.ion Data ?`u7kY7'Nd?olUtk' 4 tf •'d f f„ Datc o_ Le ftho bust by County knowl?a11v thu iittivc ii) (Lo r r Ll _._._.__. r F r' ' ,a5a y Hating i.ori-ty P uu)t IaVISIM 10-24-84 y ? ' f r r 1 t K r -? r ' °ri - d "s r b A W ? r t if 4 1 I 1' r r I I I/ ?( r1 1 I _ ?, ? 1 l r 4h 11 ? y r i I` L I '0? 'a1R eRL? i October 19, 1984 Mr. Brian Shelton, P.E. 1820 Jefferson St. Port Townsend, WA 98368 { Dear Mr. Shelton: - s The enclosed information regarding the Flood Control Maintenance program ; i! is intended to supplement that which was sent to you on September 10, :..?.7 1984. This program will provide funding from the Flood Control Assistance Account (FCAA) for local maintenance projects. The account % a q? Y5A was established by Substitute House Bill 1531, which has been 4 - incorporated into Chapter 86.26 RCW, State Participation in Flood Control Maintenance. The enclosed information includes the following: - Chapter 86.26 RCW (as revised by SHB 1531) ? 3 H Chapter 173-144 WAC, the emergency rules regarding the administra- a, tion of the Flood Control Assistance Account Program (FCAAP) A suggested application form for project assistance. Applications for project assistance must be processed through the county w engineer of the county within which an application is made. Those appli- cations must be received by your county engineer in adequate time that he can submit it to the Department of Ecology by November .3-6;01984. The department must theft submit the prioritized project list for legislative consideration by December 14, 1984. Once approved by the Legislature, .g funding for the approved projects will be available on July 1, 1985. If you have questions about the program or need help with the preparation of an application, lease contact p your county engineer. You can also contact Ed Ha+mnersmith of my staff at (206) 459-6288 or myself at (206) 459-6320 y } A I . tyM 4'tllt41?s t )^ ?h' 1a tit k ' Sincerely, r , w ??. ?? t r 4 + = D. Rodney Mack t ski, a Supervisor Shorelands Division t+t,:r7I,. b o r r ? I i; ;Q DRM:sc t ?? ' Enclosures (3) t rye, ? 1 ') r : ' .,It 'u `n n r t C;A Gt)'" 7 tr.c'RE; 0 i „. r 1 n9. ` a??y, r ? air F000 7 Cd/Jr2JL 7-5 Mtr-ce& QlMe - 846e M&e5- ' 8 tiT4JFEG J ecJ OGE%?5 5? B2llJC'? ?` i n -r ;?k ??dcJ6E ?o?vG??z 3?rra6? - ??r5 axtewo moes weir z (UP-57,eEe y OF An v/-&a &VE ti RA o d (LOCH! - t 3? ?OSF \,A/ALL f PS f2Me - W51 oxTE/oU' j (KE 47- 1-4 J "C x 00 t ? I l f I ! e keyg ' ,I , u ? .: u5! y 7 fill ? a ?tifr ? ? ?, ? hµ ? ` I ti I'9 I y , ? ???ki , m ? ?rw, ??? n ? +? ?' i ? 1 tt / ?. ? si. y +',Af I7 i? b? +r? ?' ? ! ? w?. V F ? ,, ? ?rrf ?i ? K 1,} P 4 -?'?, 7??? ? ? t o { ?7 t :.k? ?t i 1t; ti ?4 i?.:? } ,? ? ? i. f 1y . ]? ??{{ ? { ? ?, Q 454. ?`y } _ t ? l {ii St?? 1 5 t , J ? ? '1ll?lfs 7 ? ?? ? jt ?r 1 ? y. ? +i I f? ? J 4 k ' '? ,? r Y?l ? ?'i F4?;?I?q? , /Y { f hL ?._ S' S L , I p ? Y Iti b 1 (IG 'MI'WdrQf yy Fl d Control Assistance AccolgiLt Program: New legis- ?t /. -oqA a n was passim to allow t egislature to appro- priate 4 million dollars per bienium for flood control /°LOG maintenance projects with the funding to begin in J l f 8 ' u y o 19 5. An ad hoc committee of representatives from the State Department of Ecology, which is the agency auth- orized to administer the funds, and the Washington Association of County Engineers, was set up to develop policy, procedures and guidelines for the administration of the program. Rules have been drafted and municiple corporations which include counties, cities, flood control districts and drainage districts, have been asked to submit project prospectuses by November 16, 1984, so a priority list of projects can be submitted to the legislature. The following rules and guidelines have to be met by projects submitted: 77 s Public Works re: * $500,000 limit per project, per County, per bienium for emergency projects. The balance of ems'„ I the appropriated funds will go to maintenance projects. * Retention and detention of water, type projects are {. excluded from applying for these funds. * Funds are for maintenance such as removal of debris, repair of a levy or opening a previously installed side channel. New construction or developing a new levy would not be considered maintenance. r -' * The area that the funds are requested for, must be n participating in the National Flood Insurance Pro- gram. ?t ti * A comprehensive flood control management plan or h t3 certification from the County Engineer that suc rr y,' a plan is being prepared,is required. If the plan y is being developed it must be finished within three "i TL' r1? d years and in the case of a County, it only needs to encompass the area where the maintenance is being ? ? t done, not the entire County. i * The State Fish and Game Departments have to be con- x sulted before the project is funded. , d; I * A Flood Control Account must be set up and utilized. h r i * The County is required to match State funds 50/50 for emergency projects and a match of 20% County ?,. r rH3 funds and 807 State funds is required for non- pF;, x emergency projects. h * Projects requested by municiple coporations within the County will require a contract between the De- ) r partment of Ecology and the County. . ' V Brian Shelton advised tt;at he will be bringing two g v Resolutions before the hoard on November 5 to estab- lish 1) A county wide Flood Control Zone District 4 and 2) A Flood Control Zone District for Quilcene. He asked that the Board advise him if they know of G h any other projects that would like to be considered rD 1 _- for funding. ?'.. i to the summit of Mount Crag; thence continuing east erly and southeasterly along said divide to the sum- - mit of Buck Mountain; thence easterly and southerly along the ridge that forms the divide of the Dose wallips River and the Marple Creek - Jackson Creek watersheds through Sections 9, 16, 15, and 22, T. 26 N., R. 2 W., to the summit of Mount Turner; thence southeasterly along the ridge that forms the divide e of the Dosewallips River and Turner Creek watersheds through said Section 22, to the summit of Green Hill laying in the N.E. 1/4 of Section 27, T. 26 N., R. 2 W.; thence continuing southeasterly along said divide through Sections 27, 34, and 35, T. 26N., R. 2W., to a point laying in the S.W. 1/4 of said Section 35 that is west of the intersection of the Dosewallips Road and Highway 101; thence east through said inter- section to the lower low tide line in Hood Canal; thence southerly along said lower low tide line to the easterly projection of the south line of Section 2, T. 25 N., R. 2 W.; thence westerly along said projection to the high tide line and the place of beginning. Containing 74,900 acres, more or less. BE 1T FURTHER RESOLVED that the area described herein incorporate any and all watersheds located in said described boundaries; ADOPTED this day of 1984. M._ JEFFERSON COUNTY BOARD OF COMMISS10NERS G. Brown, Chairman John L. Pitts, Member Larry W. Dennison, Member Attest: Jardine C. BrAgg Clerk of the Board , +rd w 4 q7 Mul itl. w(q V1161 ?,, P{' vil ,tt41V!' ?Wn i ? t ?, / y ! ,'T I 1 t r y. a ?1i9E? 7(tA?t?y 1 iI ffi c tl4 r c_, M1 , i , , t r h . ' z 2 W.M., and Sections 13, 14, 15, 16 17 0 21 2 2 23, 24, and 25, Township 26 North, Range 3 West, W.M. and that portion of the Olympic National Forest, and , that portion of the Olympic National Park, and that portion of the Hood Canal more particularly described as follows: Beginning in Hood Canal at the high tide line and A the easterly projection of the south line of Section r 2, T. 25 N., R. 2 W.; thence northerly along said hi h tide line to the t l a ' g eas er y projection of the di id v e of the Dosewallips River and Walkers Creek l i i ay ng n Government Lot 5 of said Section 2; thence „-, southwesterly, westerly, and northwesterly along said divide through Sections 2, 3, and 4, T. 25 N., R. 2 A W., to the summit of an unnamed knoll laying in the S.E. 1/4 of said Section 4; thence northwesterly, and westerly along the ridge that forms the divide of the v ss Dosewal lips River and the Duckabush River watersheds through Sections 4 and 5, T. 25N., R. 2W., and Sections 32 and 31, T. 26 N., R. 2 W. and a portion a of the Olympic National Forest to the summit of Mount Jupiter; thence continuing westerly along said divide V of the Dosewallips River and Ducka bush River through id i l sa Nat ona Forest land and into the Olympic Nat- e ional Park to the summit of Mount La Crosse; thence northwesterly along the ridge that forms the divide of the Dosewallips River and the Quinault River watersheds through Anderson Pass to the summit of Mount Anders th on; ence northwesterly along the ridge to West Peak; thence northwesterly, northerly, and th l T nor easter y along the ridge that forms the divide , of the Silt Creek and Hayes River watersheds to the r summit of Sentinel Peak; thence northwesterly along " +•' the ridge that forms the divide of the Dosewallips River and Hayes River watersheds to the summit of Mount Claywood; thence easterly and northeasterly J along the ridge that forms the divide of the Dose- , wall ips River and Lost River watersheds through Lost i Pass to the summit of Lost Peak; thence continuing ? northeasterly along said divide to the easterly sum- 2 mit of Mount Cameron; thence easterly along the ridge that forms the divide of the Dosewallips River and ` the Cameron Creek - Gray Wolf River watersheds to the summit of Mount Deception; thence southeasterly along s k ' the ridge to the summit of Mount Fricaba; thence ' southwesterly along the ridge to the summit of Mount Mystery; thence southeasterly along the ridge that forms the divide of the Dosewallips River and the Dungeness River watersheds through Constance Pass to the summit of Mount Constance thence s th l l i ; ou er y a ong the rid e to the bounda f th Ol g ry o e ympic National 7?7 is li ? Forest and the Olympic National Park; thence easterly along the ridge that forms the divide of the Dose- ; 9 :? v ,; wallips River and the Big Quilcene River watersheds ?i i shy a ' ` 3s .n` RESOLUTION NO. ESTABLISHMENT OF THE BRINNON FLOOD CONTROL SUB-ZONE DISTRICT ?y r WHEREAS, on the 19th day of November, 1984, in regular meeting, the Board of County Commissioners upon their own motion unani- mously passed Resolution Number 85-84 initiating the creation of , the Brinnon Flood Control Sub-Zone District in accordance with k R.C.W. 86.15.010, et seq., and; WHEREAS, there is a need for Jefferson County to sponsor United r 3 States and State of Washington Flood Control Projects as author-±. ized through any agency with powers to handle the same, and; r WHEREAS, notice of a public hearing of the intent of the Com- 4 missioners to establish the Brinnon Flood Control Sub -Zone Dis- trict was given, made and published as provided by law, said hearing was held on the 11th day of December, 1984, at the hour , of 7:00 P.M. in the r Quilcene Community Center located in Quil- _'..} cene, Jefferson County, Washington, the date and place fixed by such Resolution and Public Notice for said hearing, and; i. b WHEREAS, all persons attending said a" public hearing were given the ". opportunity to be heard and comment on the establishment of said District and the Commissioners find that said District should be a S` established and that it is in the best interest of the County and the general ?. public health, safety, benefit, welfare, and economic development and use, and to protect public roads, facilities and environment;; NOW, THEREFORE BE IT RESOLVED that the Jefferson County Board of Commissioners does hereby establish the Brinnon Flood Control `l Sub-Zone District for the purpose of planning, engineering, con- strutting and maintaining flood and stormwater control facilit- ies; BE IT FURTHER RESOLVED that said District shall have all the powers, authorities and duties provided in R.C.N. 86.15, et seq., and any and all amendments, changes or alterations thereto or laws pertaining to such, and including provisions as herein pro- ?' i i vided; *;,^ BE IT FURTHER RESOLVED that the Boundaries of said Brinnon dist- rict be described as follows; u;+ 4M THE DOSEWALLIPS RIVER WATERSHED +li l+f ro i That portion of Sections 2, 3, 4, and 5, Township 25 i North, Range 2 West, W.M., and Sections 8, 9, 15, 16, r.; Cr d T 22, 27, 31, 32, 34, and 35, Township 26 North, Range 2 West, M.M., and all of Sections 17, 18, 19, 20, 21, u t F 28, 29, 30, and 33, Township 26 North, Range 2 West, line of the westerly limits of Quilcene Bay; thence southerly along the westerly high tide line of Quilcene Bay to Frenchmans Point, thence easterly to the high tide line at Fishermans Point and the point of Begining. Containing 52,200 acres, more or less. BE IT FURTHER RESOLVED that the area described herein incorporate any and all watersheds located in said described boundaries; ADOPTED this _ day of , 1984. JEFFERSON COUNTY BOARD OF COMMISSIONERS Attest: er ne ragg Clerk of the Board B. G. Brown, C a rman John L. P tts, member Larry W. Dennison, em er 3 tsa 47 . I.-,, s . Nrl ._ :? ...d n ...?..-........, _. 1: - awn %a tions 8, 9, lU, and 16 of Township 26 North, Range 2 West, W.M., and that portion of the Olympic Nat- ional Forest, Quilcene District, and that portion of the Olympic National Park, and that portion of Quilcene Bay more particularly described as fol- lows; Beginning in Quilcene Bay at the high tide line at Fishermans Point; thence northerly along the easterly limits of said Quilcene Bay at the high tide line to the easterly projection of the divide between the Big Quilcene River and the Little Quil- c?re River watershed; thence westerly along said easterly projection to the westerly limits at the high tide line of said bay; thence continuing along said divide through Section 19, T. 27 N., R. 1 W., and Sections 24, 23, and a portion of 22, T. 27 N., R. 2 W., to a ridge laying in the NE 1/4 of said Section 22; thence northerly along said ridge through said Section 22 and Sections 15, 10, and a portion of Section 3, T. 27 N., R. 2 W., to the summit of an unnamed knoll laying in the NW 1/4 of said Section 3; thence westerly and southwesterly along the ridge that forms the divide between Penny Creek, its unnamed tributaries, and the Little Quilcene River, Dry Creek, its unnamed tributaries through said Section 3, and Section 4, T. 27 N., R. 2 W., to the southerly summit of Green Mountain laying within the boundries of the Olympic National Forest; thence northwesterly along the ridge to the northerly summit of said Green Mountain; thence westerly along the ridge to the southerly summit of Mount Townsend; thence southerly and southwesterly along the ridge to the summit of Buckhorn Mountain; thence southwesterly along the ridge to Marmot Pass; thence southerly along the ridge into Olympic National Park to Warrior Peak; thence continuing southerly along the ridge to Mount Constance; thence continuing southerly along the ridge to the boundary of the Olympic National Park and the Olym- pic National Forest; thence easterly along the ridge to Mount Crag; thence easterly and southeast- erly along the ridge through Sections B and 9, T. 26 N . , R. 2 W., to Buck Mountain; thence easterly, southeasterly, northeasterly and northerly along the ridge that forms the divide between Elbo Creek and Marple/Spencer Creek drainages through Sections 9, 16, and 10. T. 26 N., R. 2 W., to Walker Pass; thence northwesterly and northeasterly along the ridge through Section 34, T. 27 N., R. 2 W., to the westerly summit of Mount Walker; thence northerly, northeasterly, easterly and southeasterly along the ridge that forms the southerly divide of the Big Quilcene River watershed through Sections 35. 26, 23, and 24, T. 27 N., R. 2 W., to the high tide r - A RESOLUTION NO. ESTABLISHMENT OF THE QUILCENE FLOOD CONTROL SUB-ZONE DISTRICT WHEREAS, on the 19th day of November, 1984, in regular meeting, the Board of County Commissioners upon their own motion unani- 4' mously passed Resolution Number 84-84 initiating the creation of the Quilcene Flood Control Sub-Zone District in accordance with R.C.W. 86.15.010, et seq., and; , t WHEREAS, there is a need for Jefferson County to sponsor United States and State of Washington Flood Control Projects as author- i " ized through any agency with powers to handle the same, and; ° WHEREAS, notice of a public hearing of the intent of the Com- missioners to establish the Quilcene Flood Control Sub-Zone 4. District was given, made and published as provided by law, said hearing was held on the 11th day of December, 1984, at the hour fi of 7:00 P.M. in the Quilcene Community Center located in r Quilcene, Jefferson County, Washington, the date and place fixed µ 1 by such Resolution and Public Notice for said hearing, and; 9 WHEREAS, all persons attending said public hearing were given the opportunity to be heard and comment on the establishment of said District and the Commissioners find that said District should be established and that it is in the best interest of the County and 1 the general public health, safety, benefit, welfare, and economic development and use, and to protect public roads, facilities and environment; NOW, THEREFORE BE IT RESOLVED that the Jefferson County Board of ^ H. Commissioners does hereby establish the Quilcene Flood Control 1 k;cy Sub-Zone District for the purpose of planning, engineering, con- structing and maintaining flood and stormwater control facilit- ies; BE IT FURTHER RESOLVED that said District shall have all the powers, authorities and duties provided in R.C.M. 86.15, et seq., and any and all amendments, changes or alterations thereto or laws pertaining to such, and including provisions as herein pro- vided; BE IT FURTHER RESOLVED that the Boundaries of said Quilcene dist- rict be described as follows; THE BIG QUILCENE RIVER WATERSHED That portion of Section 19, Township 27 North, Range 1 West, W.M., and that portion of Sections j, 4, 10, 15, 22, 23, 24, 26, 34, and 35, and all of Sections 9, 16, 21, 27, 28, and 33 of Township 27 North, Range 2 West, W.M., and that portion of Sec- ^ ? ?• i, ? ,5?, i R ?•• ? F % gg r ?e- . JEFFERSON COUNTY BOARD OF COMMISSIONERS B. G. Brown, Chairman John L. Pitts, Member Larry Dennison, Member Attest: er ne ra99 Clerk of the Board 2 r X2'44 l J J?a ` ? ? s r ?' ?0 7 ac rr ! ? , j, t ? M ,?a 1? 11 1 r; ?? ? ?? t J i f'; ? L tit i. 4 ?t J ty A L- i ' ,'. 1 mil RESOLUTION NO. 1 ESTABLISHMENT OF THE COUNTY WIDE FLOOD CONTROL ZONE DISTRICT ri ra WHEREAS, on the 19th day of November, 1984, in regular meeting9 , the Board of County Commissioners upon their own motion unani - 'g mously passed Resolution Number 83-84 initiating the creation o f the County-Wide Flood Control Zone District in accordance with R C W 86 15 . . . . .010, et seq., and; WHER w EAS, there is a need for Jefferson County to sponsor United ' States and State of Washington Flood Control Projects as author- ized through any agency with powers to handle the same, and; WHEREAS, notice of a public hearing of the intent of the Com- missioners to establish the County-Wide Flood Control Zone Dist- rict was given, made and published as provided by law, said hear- ing was held on the 17th day of December, 1984, at the hour of 2:00 P.M. in the Commissioners chambers located in the Jefferson County Courthouse, Port Townsend, Jefferson County, Washington, the date and place fixed by such Resolution and Public Notice for said hearing, and; WHEREAS, all persons attending said public hearing were given the opportunity to be heard and comment on the establishment of said District and the Commissioners find that said District should be established and that it is in the best interest of the County and the general public health, safety, benefit, welfare, and economic development and use, and to protect public roads, facilities and environment; NOW, THEREFORE BE IT RESOLVED that the Jefferson County Board of Commissioners does hereby establish the County Wide Flood Control Zone District which shall be and is hereby designated and named the "Jefferson County Flood Control Zone District" for the pur- t pose of planning, engineering, constructing and maintaining flood and st ormwater control facilities; ; c? BE IT FURTHER RESOLVED that said District shall have all the powers, authorities and duties provided in R.C.W. 86.15, et seq., and any and all amendments, changes or alterations thereto or laws pertaining to such, and including provisions as herein pro- vided; BE IT FURTHER RESOLVED that the Boundaries of said Jefferson 1 County Flood Control Zone District be described as follows; Commencing at the middle of the channel of Admiralty Inlet due north of Point Wilson; thence westerly along the Strait of Juan de Fuca to the north of Protection Island, to a point opposite the middle of o-ti L J L J 6 ? Jt a tit t ? NEW FRISTOE, TAYLOR & SCHULTZ, LTD., P.S. ; ., LAWYERS 9uli[ I. PRGi[[.ICNAL MT. 811-- O g?rtcggA? LYMPIA WA5HINGT0N .3b S{ 1[ 9GBp1 E RG[[RT FRI[TOC Mu Cao[ SG6 § x? pGN W. TAYLGR T.-.... 357.5556 TNmoonc G. Se-- March 20, 1984 CLIIIGRR L WIL[. JR. Mr. and Kra. Donald Corey P.O. Box 14 Drinnon, VA 98320 k Dear Mr. and Mrs. Corey: ' ... ....: ... ... .,H4C1A{I.?fd, ple"a.. Li ucl 8 4ot4C4,o1- PAaroa". ,'14L aia ae reappear for you and the other Plaioti`FK " s t ,- r S a st mrneys. The original is this date being forwarded to the Thurston County Clark for filing. This is to further confirm our telephone conversation where I said I would take this case on a thirty percent contingent fee, provided the same was reduced to a money judgment. If the matter is resolved by work being done to i the river which will satisfy all of you and in accordance with your agreement, of course we will discuss smother fee arrangement. BOX As indicated, I would like to hire` Ken Mavtlg to do some work with respect to this matter. Re Is a licensed aag!near and hydrelo;imt.' I believe that $1,500 should be i d ad d ra sa a eposited into our trust account to be used for the payment of his services. For now, I will ask you to withhold the documents that I forwarded to you. I ends xerox copies of the same prior to sending them to you. Vary truly yours, .::5r::Jl, :i?Yl.:iA i. 4QW1.TZy3.Til., V.S. X By ?/07 DtiT: cc , n Taylor Enclosure cct Mr. and Mrs. Mika Matthews Mr. and Mrs. Melvin Thompson Ms: Gertrude Flockl- N " I . ?(78-?GG,?? 4 y 5 1 y ,? ? .,?5 ? I ? hi t !'Yr ? ? i ? ? ? ? ? 1 d ; ?? ?i ?k ? 7 t` ? t ??? ? +? ? 1 l? ? t ` g h '? 4 ? ? ? ? 1 ? ? ? t rf ? 1 ? ??? ' ? - } f ? ? 1 ? h M _ . / ' f l J P ?l 1 ?? Y? t l ? B ?. ? t ` j ? 1 ? r F,?t ?, } ? C ? ?? J ? h iS.3` , t f ? ?, _ ? ?v1}?Y ? .i y i ? F j 7 i. ? ?? ? ' ? ?rf? lr?`1 ? ? Y r ?' i ?k ? r? ? ? ? 8 ?Ab -07 F DEED RECORD 1 ,5632 JEFFERSON COUNTY ! 383 PII.MlT. TO CONSTRUCT AUD 11AIt:TA111 CHAMIDL CHANGE and place Hallchand for the pur- 0 of controllin, the 1'loa of the Do5ewallips River.' 17'.GPEf.S Arthur A. Brown and t,yrtle Hrolm, his trite, 1're the omers of the follow- f Sn; deccribed property in Jefferson County, to-wit: Commencing at a point on the S Township line, 674 feet Enst of the H'A corner of Section 2, in ToInahip 25 North, Range 2 'fact W. M., and 30 feet south of the above point; thence south 210 201 East 720 feet to e. point Sn the center of the Do?cawolliwa' River; thence East 10 South, Var. 220 251 East 572 feet; thence north, Var. 210 201 East, 749 feat to a point 30 feet south of n point an Township line; thence Wast Var. 220 251 East 671 feet to the point of bo- und Sinning, contnining. 9 acres, known as Tax Lot No. 3. { }g. AS. the Stnto of Y:ashington, in the Smprovoment of State Road No. 9, desires i to change the channel of that certain stresm known as Doaewa111pa River over and acroea the lands herelnabove described; ` NOW THEREFORE, for and In consideration of the sum of One b: 00/100 Dollars, in hand paid, the receipt whereof in here valuable by acknowledged, and other ?N? oomidnrder?xatl?ona, the a .. t•1 1 C iv it and permit n,c I:L1.ty (;ranted uhte t.-u at- of Wneh1ndton to -.- i t ruct - - Id for ar nalnta in channel chant;o of Doaownlllpe RSVar over and across the M 1 --- - - r horsinabove described 1 d an shone in red color on blueprint map. attached hereto and made a part hereof. The right, privilege end permit of Ingress and egress to and from said land for the purposes herein specified nro hereby granted. Dated this 30th. day of November 1935. i Arthur X. 3rown :.yrtlc Pro- STATE Oil WASHINGTON, ) i aa. COUNTY OF TE1•T7iR90N /' f54TP.. I.. -lu umlarelgned, a Notary Public In and for the State of Wash! tea de %.Lw - 1wio1sr1V36. ':: Dated this 50W. t . ...- v..,. 5 ?/ .. . , .••- Arthur A. Hrmm 1lyrtle Brown S A C/ w h^.E CG WASHINGTON, ( - )ea Y •( / ? ,y . :11N OF Tu" pR'00H ( !, I, the andars igned, n Votary Public Sn and for the Stste of 9aahington, do horatry i ( d T -- . ?Y .a?? 'rtlfy that on this 30 the day of Hovombor A. D. 1935, personally appeared before me described 1 id l ?X ua e thur A. Grown end Lyrtls Grown, hie wife, to me known to be the Indi, Qy/_ ?Il u.A. Nlln eAU?.11LC1i ells t'1 Ln11? ??.J L11u?un L, nn. Yt'Itlt??•'11?u., `•d L1.aL LI.Vy :l?llua and ovaled :he -o se their free and val-tnr7 net nn.1 dool, ror thn'p-tunes therein mentioned. , Given under cry hand and official seal th day and year`)'glib"sbov6`YYllL?CSS'?r"^'"""^"'?^' / • r L ; S12, II. X. Shrewsbury p4 / .. :orvlieelon Expires Notary public in and for the State of Wash- j Snnton nosidlnn at Seattle Oct. 2, 1039 H. F. 11.16 H -_- F Filed for Record at the Roqueet of HSfhney Deft. Dec- G, 1955, at 0 A, 11., and ! g 1 recorded in Vol— 103 of Deeds, Pnge 363, Records of Jel'Sarson County, Wsahington. a n Y . ';j 1 m rLLWi[Lua ruK Ylt llJtl, JJ1J1 Hill.t ?" FLOOD CONTROL ASSISTANCE OUNT PROGRAM EMERGENCY ECT Yes ? No 0 (CH 86.26 RCVI) 1. NAME AND ADDRESS OF APPLICANT 2. COUNTY ENGINEER (County or Municipal Corporation Name: with mailing and location address) Address: Phoned Project Contact Person ? aY 4Ur 3. PROJECT TITLE, DESCRIPTION AND LOCATION (Attach vicinity map & sketch to identify water body name, w I r stream river mile & general plan map; Section, Township, Range, etc.) Project duration mo/yr. F Unincorporated Area d Incorporated Area [, Name of City or Town x. 4. ESTIMATED PROJECT COST (Dollars) Local Share Other 5. FLOOD FREQUENCY PROTECTION PROVIDED BY PROJECT FACILITY Prior - _ Years; Present - _ Years; Future - _ Years Not Applicable [] 6. BRIEF DESCRIPTION OF PROJECT BENEFITS - Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. (Attach detailed description if necessary) 7. STATUS OF YOUR COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN? Completed ? Preparation Underway ? Completion Date Certification - to the best of my knowledge this information is correct. Signature Date 8. SIGNATURE OF AUTHORIZED APPLICANT REPRESENTATIVE Typed Name and Title Date Phone COUNTY PRIORITI IIAIING of i be $500,000 per biennium and will be so identified with the list of projects submitted to the legislature for appropriation. f n't+--R TE4 r?3'F CT. .u '? Aa 3G ?D 3 WAC 173-144-100 Multi-Year Projects hegisla? approval will only be required once for a project which continues more than one year and will not require further prioritization, but funding after the first year is subject to further FCAAP r appropriation by the legislature. v, WAC 173-144-110 Design--end-ConsGructton STandards for all FCAAP Projects ILCL d=ign L bTW work which is funded from the flood control assistance account a shall conform to the standards and specifications of the U.S. Army Corps of M1 Engineers, the U.S. Department of Agriculture Soil Conservation Service or the "z , county engineer. 'LzC??9r>*.+'M1' €E iG ?' ' ?T,y a f _ t - s WAC 173-144-080 Flood Control Assistant Account Contribution and Match Requirements 4 d for Non-Emergency Projects The following criteria shall be complied with regarding the FCAAP funding for all non-emergency projects: (1) The maximum contribution from the Flood Control Assistance Account toward .. W -.+ the cost of any project shall be $500,000 per project. . - (2) Th Q n e amount of FCAA contribution for any non-emergency project shall not s ' i' exceed 50 percent of the total project construction cost. ' 3 3 ?-- I dnyl Jt1L f.2.la E<CJ 'tN (3) The maximumvFCAAecontribution for any county shall not exceed $500,000 per biennium. . f WAC 173-144-090 Emergency Project Fund Administration The following criteria shall a? be the basis of allocating the emergency fund monies: s _ (1) Appropriation from the FCAAP fund for emergency projects will require the M declaration of an emergency by the county commission or the county execu- tive. ? .t (2) Application for emergency funds must be made on the same form used for non-emergency fund application. (3) Payment of FCAAP funds for the emergency project will be based on actual project costs. t Page 8 of cr E bt 1 i r i t Pti 1° c -?? t ? ??i ? ???`m "t'?; ??' ??,.,,? ,? ?+'1yi,. y?t? ?? ? l ? ?1? t k s p r a 1' d u? a i - ? J .1:: ? t'1 P t y ?? i? 1 ? r e:? P ?Z s 4 ? tYlyt it t? 1? ? Z T i 1 ? % xx/Q? r 74 Jt??nnppyy"yy'y- '' 1 Y ti ?. ] 1 P ? ,?b t i ? I E r I ?r ?? An evaluation of the county or municipal corporations re maintenance for the pro ect and related flood control facilities. ?" --` - ?L b?c 7 s / Perim 4,.+ . (5) An evaluation of-the budget for hood control purposes which has been submitted by the applicant. ) An evaluation of the portion"of"tTe total project construction cost which M •the applicant is.vutg to pay fo ? / C The WDOE prioritization of the projects shall consider the prioritization I1\ which has already been established by each county. \ ,1??1 c.J ol.....n-r3=o.J e? QeT6.-?rz.? L. e. .s- Qom.. T.",Z.F b''A+v?s,.y-Q .S lf?t?l?s r,z-3-,-1- ATO i? N-'?. aJ rte. ?j FJa( ?.t-3-aJ C er_cSccT ER(fr.•i Page 7 of S s ESC a 5Y{i w?.?r . _ ` _ ' "'Xfry' s Al 4 t Y I J ? H J ?1 L? ? ?} I i i k Site ?e r, P S r ? i f S c (6) WDOE will check all projects for compliance with the requirements pursuant _ to this Chapter and Chapter 86.26 RCd and prioritize the list based on the criteria defined in Section -070 of this Chapter. is-so E 1= (7) WDOE submits the list of prioritized projects to the legislature for g approval. (8) The applicant and/or county shall acquire the necessary federal, state and local permits along with any other permission required to complete the project. (9) WDOE shall consult with the Department5of Fisheries and Game regarding the list of projects. (10) WDOE shall prepare and finalize the cooperative agreements with the counties. (11) The construction plans and specifications shall be prepared by the p.c?ox r applicant for approval by the county engineerVaexl submission to WDOE for review of each project for compliance with all requirements. (12) The county engineer shall supervise and direct each project. (13) WDOE shall monitor each project for compliance with provisions of the cooperative agreement. ?R iU sev' r xoaf n cn h o P^c- rc• •rw+wn+?+w > f i T ?htl F - _ x ^` Y 4? ?9' 1 11 1 ? J i C k >< r- c 4 _ X r R a ?x e 1 '' ? c 1?? w X It a ?? t 1 I } , ? 1 r1 r r? r r ° _ ? ra ? rti ?, i r ,:7 (1) The applicant shall prepare the project application to comply with the provisions of Chapter 86.26 RCW and this Chapter. The applications shall k is be made on a form furnished by WDOE. In addition to the completed form, a, a ?. the application shall include the following: (a) A detailed written description of the project _ % (b) A vicinity map and sketch to identify water body name, stream river mile, section-township-range, etc. -;, (c) A general plan drawing of the project on an 8?"x11" or 8'i"x14" sheet. {t? (d) A description of the project benefits which describe how the project will mitigate flood damage and describe development which exists on adjacent and nearby lands which are protected by the facility. (2) The applicant and county engineer shall review the preliminary project i plans with the Washington Departments of Fishf and Game. , (3) The applicant shall prioritize the project applications if more than one is submitted. (4) The applicant shall submit the prioritized list of project applications to the county engineer for pricritization ai& _ certification of the 'com-prehensive flood control management plan. (5) The county engineer shall s?bm t the prioritized list of all project applications with the-county to WDOE. 1? page 5 of 4 y r S ? wig f. WAC 173-144 0 0 f x - De 5 initions Following are the FCAAP definitions of words and phrases: (1) "Emergency Funds" That portion of the four million dollar biennial w a appropriatV set aside to perform emergency work. _ r r (2) "Emergency Work" Work which must be done immediately to protect life and _F property when an imminent flood threat exists or immediately after a flooding situation to prevent further losses. T " (3) "Maintenance Work" The work necessary to keep in good condition, repair o? and preservatioW the natural condition or man-made flood control facil- ' ities which are subject to damage or destruction from flooding by action a a? of erosion, by stream flow, by sheet runoff, or other damage by the sea or other bodies of water. W (4) "Restoring" The work necessary to bring an existing condition or man-made facility orzuctusor-e or other works back to its former or natural condition by repairing, rebuilding or altering. WAC 173-144-060 FCAAP Project Application and Approval Process The project application and approval process for the municipal corporation application shall include the followingf =N -t t?A srci r, ,•? 4s?e .1; CVaU.eL ?r management plan. (5) Project Cost The project grant application shall include the estimated project cost. (6) Project Benefits The project benefits shall be clearly identified and described. ,A-' - (7) National Flood Insurance Program (NFIP) Requirements The unincorporated, county or incorporated city or town in which the project is located shall be participating in the NFIP and shall be meeting the NFIP regulation requirements. (8) Project Legislative Approval Projects shall not be funded from the FCAAP without approval by the Legislature, (9) Budget Report Any municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county engineer within 30 days after final adoption. The budget reports for municipal corpo- rations and for the county shall be submitted to WDOE by the county engineer not later than March 1 of every year. Page 3 of ci ? f (1) • _ 7F1? EvwEeG+ f`'LaLES All items included in ^"..Q 4 :-r44-e30 J G ` - (2) 3 Comprehensive Flood Control Management Plan P ( ) rocessing of vouchers a' (4) Project auditing and monitoring (5) Reports to the Legislature e (6) Maintenance requirements (7) Review of P1+? Rc. AA. P. Pact_pro?ects-and--groSram-eualuat#oo- (8) other matters deemed necessary ? { ,Err a WAC 173-144-040 Eligibility Criteria for FCAAP Funds The following criteria will be F Al#ed for the approval of a maintenance project application for grant funds. 9 ? (1) Municipal corporations which are eligible to receive'FCAAP grant funds j a t? co.as ?.a?soA include but are not limited to counties, cities, towns, nor-psr-etF`?on ^ . districts and special districts which have flood control responsibilities. , (2) Public Benefit It shall be clearly demonstrated that the projects shall display a general public and state interest as differentiated from a private interest and they shall bring about public benefits commensurate with the FCAAP funds provided. (3) Permit Requirements Prior to construction, the project must meet all applicable local, state and federal regulation and permit requirements. (4) Comprehensive Flood Control Management Plan The county or municipal corporation in which the project is located must either have a comprehen- sive flood control management plan completed and adopted or in preparation Page 2 of R ? Qqa, - ?.. ? ?,z v?yr mar-?+wan- ., r? -?+ 1 ? wll f r ] fi r ti ?s 'ggav ? rrran?.r• r :tea 1 r?w_xrar s a r ?c yet... r?r?p,.?., ti ?, -,? a X p. }'ux YWS ? Nlr r'rtuYtMS! A r w " r y &3q u Y ? h 15 ? TKr i? ? 11 ji ?? .` t ? i 1 y?Cl p ., n :+ •f G ] `? _d'? : 511:1 H'9 2 (?rm UCyy Y R j. ryry $z EMERGENCY RULES REGARDING THE ADMINISTRATION -„ _•'? ??,; ?? OF THE FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (FCAAP)? e y? r» k yp. '} h WAG 173-144-010 Background and Purpose Chapter 212, Laws of 1984, Regular Session, amended Chapter 86.26 RCW, State Participation in Flood Control Maintenance (The t Act), Section 86. RCW provides that the Department of Ecology (6TDOE) shall w administer and enforce the program established by the Act. This WAC Chapter <a g t describes the manner in which WDOE will implement the provisions of the Act. r WAG 173-144-020 Adoption of Emergency Rules WDOE shall adopted emergency rules in W-T. Ac accordance with the provisions of the Act for purposes of administering thevFCAAP in a t the 1983-85 biennium. ng'? n w (1) E ibility criteria for PC funds k (2) Defini onsw h < (3) FCAAP proj t applicat n and approval process (4) Prioritization o C projects r (5) Flood Control Asst tan Account Contribution and Match Requirements for j Non-emergency P ojects 1 g (6) Emergency Pro ect Fund Administ ation ? ,11svr' } A 1 + ~'x•55 (7) Multi-year projects (8) Qttljt?°'rkCarsf*refins Sfa.4rYdt ht •d Ftur Psry? y r .IUYYt<M 1 - 1 ` t `. -. r . ?t tf m1 S 4 WAC 173-144-030 Adoption of Permanent Rules WDOE shall adopt permanent rules in 4,1 accordance with the provisions of the Act for purposes of administering the FCAAP,ri, ?4 ?a ao b n:. a after the expiration of the emergency rules cited in Section -620 of this Chapter. 4 11t V pao nnn y 4 aTnc G ?ha_€ol-lowing•r--- ? ? J P.cimanent?udaa-anal].-bo-davaloped-n?eNd?b*t8 ? rr??, x c U5 f i1+ h ?1i f? Page 1 of Q t IVI' ?" 4m i Rar T16^ F, ;w ,Y4??? y 7 yk G,?yypW? ` ?& u 5 ?; a CA ?Y4 ?h' ??lr`Yl•r -'? ? '''iE'? ??''GYlu'n??n ? y \ ? ., ? 7? S? ? ? +AI., ti? / a' i i t s' l l i f ?Iti w ?It+411' }; a i5.?7?,i v 0?1 ?. (? `ITR WLi4 ? ? ? ?t- _ lh Xf , -ij EMERGENCY RULES REGARDING THE ADMINISTRATION OF THE FLOOD CONTROL P TA ) NCE ACCOUNT PROGRAM (FCAA ASSIS y? P v _i oge l ?r 173-144-010 - Background and Purpose ,, € 173-144-020 - Adoption of Emergency Pules 1 w 173-144-030 - Adoption of Permanent Rules 1 173-144-040 - Eligibility Criteria for FCAAP Funds 2 173-144-050 - Definitions 4 173-144-060 - FCAAP Project Application 8 Approval Process 4 173-14407 - Prioritization of FCAAP Projects 7 173-144-080 - Contribution & Match Requirements for Non-Emergency Projects B n •> 173-144-090 - Emergency Project Fund Administration 173-144-100 - Multi Year Projects 173-144-110 - Design 8 Construction Standards for All FCAAP Projects 8 9 K"l, 9 ri t ,4r,; ? ,ra 4- ?? dl.,S,. ?' - (5ti+ •P.?+YLSN' d?. -_ .. sua:.'a.?_ 3?? i qry?? ? n7 J 86.15.200 Title 86 RCW: Flood Control be abolished, the board shall: (1) adopt a resolution 86.16.025 Amhorlly ofsupe-isor- ! abolishing the zone or (2) at the next general election 86.16.027 Authority of supervisor-Rules. - -,, place a proposition on the ballot calling for a yes or no 86.16,0)0 Authority or supervisor-Employment and Ja purchasing. ':. vote on the abolition of the zone. [1961 c 153 § 20.] 86.16.075 Authority of supervisor-Control of dams and obstructions. 86.15.210 Transfer of property. A diking, drainage, 86.16.040 Authority of supervisor-Surveyor flood control - needs. q or sewerage improvement district, flood control district, 86.16.050 United States maps as basis of control zones. diking district, drainage district, intercounty diking and s6.16.e6o Flood control zones-C•stablishment b V y supervisor. - v' mar _ drainage district, or zone may convey title to any prop- 86.16065 Flood control zones-Alicration and revision. x s - p arty improvements or assets or the districts or zone to 86.16.067 Floud control zones--Notice Publication- t.la .•? the county or a zone for flood control purposes. If the Contents-Objections 44 . 'ewe' 86.16.070 Fluud control zones Presumption as to notice- property improvements or assets are surplus to the needs Order establishing or changing zone. of the district or zone the transfer may be made by pri- 86.16.080 Permit for improvement-How obtained- ' vote negotiations, but in all other cases the transfers are Emergencies. jm• . subject to the approval of a majority of the registered 86.16.085 Delegation of permit program. .n., 86.16.090 Improvements without permit as nuisance- voters within the district or zone. Nothing in this section Abatement. _ permits any district or zone to impair the obligations of 86.16.095 Prohibitions in RCW 86.16.080 and 86.16.090 inappli- = any debt or contract of the district or zone. 11983 c 315 cable to certain structures and property. 86 86.,1166..1110 Nunliahiht of the state. „ §25;1961c153§2Lj y ) n a 86.16.110 Appeal-Stay bond-Costs-Effect ofsupcrvi- Severabi8ty-1983 c 315: Sec note following RCW 90.03.500. or's decision-Attorney general legal advisor. 86.16.120 Flood damages defined. ar 86.15.220 Planning of improvements. Nothing in this 86.16.130 Supervisor's other powers and duties unaffected by chapter. chapter shall be construed as limiting the right of coun• 86.16.150 Severabuuy-1935 c 159. ij •£:) ties under the provisions of chapters 86.12 and 86.13 86.16.160 Local programs not prevented. - g? RCW to undertake the planning or engineering studies 86.16.170 'Supervisor of flood control' defined. , -' necessary for flood control improvements or financing 86.16.900 Chapter liberally construed, the same from any funds available for such purposes. [1961 c 153 § 22.] 86.16.010 Slatement of policy late control as- ,• sumed. The alleviation of recurring flood damages to ' rJ 86.15.230 Public necessity of chapter. This chapter public and private property, to the public health and is hereby declared to be necessary for the public health, safety, and to the development of the natural resources •'1,. safety, and welfare and that the taxes and special as- of the state is declared to be a matter of public concern, sessments authorized hereby are found to be for a public and as an aid in effecting such alleviation the stale of purpose. [1961 c 153 § 23.1 Washington, in the exercise of its sovereign and police' powers, hereby assumes full regulatory control over the 4 86.15.900 Severabilily-Construction-1961 c navigable and nonnavigable waters flowing or lying r -: 153. If any provision of this chapter, as now or hereafter within the borders of the stale subject always to the fed- amended, or its application to any person or circum- eras control of navigation, to the extant necessary to ac. § stance is held invalid, the remainder of the chapter, and complish the objects of this chapter. (1935 c 159 § 1; ' its application to other persons or circumstances shall RRS § 9663A-1.1 1 not be affected. 11961 c 153 § 24.1 86.15.910 Construction of chapter. This chapter 86.16.020 Regulatory control, how exercised. State regulatory control shall be exercised through regulatory shall be complete authority for the accomplishment of orders, the designation of hood control zones and the is. a, a purposes hereby authorized, and shall be liberally con- nuance of permits, as hereinafter provided, and shall be r , strued to accomplish its purposes. Any restrictions, limi- exercised over the planning, construction, operation and ; r [ lotions or regulations contained shall not apply to this maintenance of any works, structures and improvements, chapter. Any act inconsistent herewith shall be deemed private or public, which might, if improperly planned, .. a modified to conform with the provisions of this chapter constructed, operated and maintained, adversely inllu- for the purpose of this chapter only. [1961 c 153 § 25.] encc the regimen of a stream or body of water or might 8 uaa'? .t 86.15.920 Titles not part of the chapters The section adversely affect the security of life, health and property against damage by flood water. [1935 c 159 § 3; RRS 6 9 i j titles shall not be considered a part of this chapter. 9663A-3. FORMER PART OF SECTION: 1939 c 85 C ?9 [1961c153§26.1 71n § I now codified as RCW 86A 6.025 and 86.16.027.1 ? h ! r 71 Chapter 86.16 86.16.025 Authority of supervisor. With respect to FLOOD CONTROL %ONFS BY STATE such features as may affect flood conditions, the state supervisor of flood control shall have authority to clam' r A*, r s t:? s r Section. ine, approve or reject designs and plans for any structure $ 1 A, a ?m7?u 86.16.oto statement or policy-State control assumed. or works, public or private, to be erectcd or built or to be a `w y >'&ciAtf N'a'Ai h :_'?r+tl t 86.16.020 Rquletory control, W. c-c4ed. reconstructed or modified upon the banks or in or over wt j fl3tk 36 RCW-y wl (19u H1 ??t?t?a r? N? I a -... P i It t tj y r 1 1 r ?? S`vm ?. d t ^Yrs'?1r ?s a ` o :ii J 0r 772 T?* _ lye t f a t ' ,t r s? ?bti L11` It t J / 1' t r a'? r t ?,{g r it r ? ''f r 15 m "d ?. i Fl d C t ? oo ontro 1 l Zone Distric s 86.15.200 shall be ;sued an behalf of the zone or participating roves and be ap- a zone or participating zones. The bonds may he in any form, includ• 311 proved by the voters of the zone or participating zones when the im- ing bearer bonds or registered bonds. u provcment has by the resolution, provided in RCW 86.15.110, been Each revenue bond shall state on its face that it is payable from a . found to be of benefit to a zone or participating zones. The bonds may not exceed an amount, together with any outstanding general obliga. special fund, naming the fund and the resolution creating the fund. Revenue bond principal, interest, and all other related necessary ex• tion in lcinecinw, equal to three-fourths of one percent of the value of penes shall be payable only out of the appropriate special fund. . i taxable property within the zone or participating zones, as the term ' A zone or participating zones shall have a lien for delinquent service value of the taxable property' is defined in RCW 79.76.015. The charges, including interest thereon, against the premises benefited by a - e 5 bonds may be I. any form, including bearer bonds or registered bonds. flood control improvement or storm water control improvement, which , F 11983 c 315 121; 1961 a 153 § 17.) lien shall be superior to all other liens and encumbrancer except gen. - i RerlurS trotC. RCW 86.15,170 was amended twice during the 1987 oral tuxes and local and special assessments. The lien shall be effective nd shall be enforced and foreclosed i the acme manner as rovided regular session the legislature, each without reference to the other. For rule of contrtaction concerning sections amended more than p for scwcragc hens of chin and town- by RC JS67100 through l5 W w age l tie _ ^r? once at any session of the same legislature, see RC W 1.12.025. .fi7.2 c 315 § 1967 ox.s. c I J6 § 8.1 blllty-198! c 315: Sec note following RCW 900.03.03. .500, Semn Reviser's note: RCW 86.15.17S was amended twice during the 1983 ' regular session of the legislature, each without reference to the other. t 86.15.176 Service charges authorized-Disposition For rule of construction concerning section amended more than once at any session of the same legislature, see RCW 1.12.025. of revenue. The supervisors may provide by resolution for Sererabillly-1987 c 315: See note following RCW 90.07.500. p revenues by fixing rates and charges for the furnishing of service to those served, including public entities, or 86.15,180 Protection of public properly. Any agency receiving benefits from a flood control improvement: or department of the state of Washington, Or any politi- Provided, That the service charge shall be uniform for the same class of benefits or service In classif in ser- cal subdivision or municipal corporation of the state may contribut f d t th i _ • . y g vices furnished or benefits received the board may in its e un s o e county or any zone or zones to assist the county, zone or zones in carrying out the pur• ,: a " ? discretion consider the character and use of land and its poses of this chapter when such agency, department, water runoff characteristics and any other matters that subdivision or municipal corporation rinds such action - present a reasonable difference as a ground for distine- will materially contribute to the protection of publicly cca?rr,, g tion. Service charges shall be applicable to a zone or owned property under its jurisdiction. [1961 c 153 § 18.1 participating zones. The disposition of all revenue from service charges shall be in accordance with RCW 86.15• 86.15.190 Abatement of nuisances. The supervisors _ .130. [1983 c 315 § 22; 1967 cx.s, c 136 § 7.1 may order, on behalf of the zone or participating zones, r r, ? t Snenbllity-19113 c 315: See note following RCW 90.03.500. that an action be brought in the superior court of the ?. county to require the removal of publicly or privately } 34.15.178 Rereaue bonds-Cleo for delinquent xrrice chuges owned structures, improvements, facilities, or accumula- j 1 au aateoded by 1983 c 167). (1) The county legislative authority may lions of debris or materials that materially contribute to y,yyv;r t ' 1 .rFr l authorize the issuance of revenue bonds to finance any flood control seprovement. Such bonds may be issued and sold by the county Icgis- the dangers of loss of life or property from flood waters. 5. ' Uuve authority in the nine manner as prescribed in RCW 36.67.510 67 } th h 36 570 t i i i S h b d Where the structures, improvements, facilities, Or accu- mutations of debris of materials are found to endanger . v " " roug . . per a n ng to count es. uc on s shall be issued 1 an behalf of the zone or participating zones when the improvement has 1 the public health or safety the court shall declare them a .,y a " vs. ` by the resolution, providcd in RCW 86.15.110, been found to be of public nuisance, and forthwith order their abatement. If kntfil to a zone or participating zones. Such bonds may be in any the abatement is not completed within the time ordered yak a form, including bearer bonds or registered bonds as provided in RCW 39.46,030. by the court, the county may abate the nuisance and Each revenue bond shall state on its face that it is payable from a charge the cost of the action against the land upon sptcisl fund, naming such fund and the resolution creating the fund. R b d i i i t l d ll h l which the nuisance is located, and the payment of the t evenue on pr nc pa , n erest, an a ot er re ated necessary ex- h l b charge may be enforced and collected in the some man- . pensa s a l e payable only out of the appropriate special fund. A rove or rtici tan zones shall have a lien for delin uent service reef the same time as county property tuxes. [ 1983 c i n 2apy y:'' q tLryn, including interest thereon, against the premises benefited by a t flood control im rov e whi t h li h ll b i ll 315 § § 24; 1961 C 153 § 19.1 11 1 p em n , c en s a e super or to a other Lams and entumbnnca except general taxes and local and special as• S.-bility-1993 a 315: See note 1.11-ing RCW 90.07.500. " menu. Such lien shall be effective and shall be enforced and fore. 3G'9ij dosed in the same manner as provided for sewerage liens of cities and 86.15.200 Flood control zones-Consolidation, towns by RCW 33.67.200 through 35.67.290, di i h abolishment. The board may consolidate any two or '7 h ' ' stan 12) Notw t ng subsection (1) of this section, such bonds may R issuad and sold in accordance with chapter 39.46 RCW. 11983 c more zones or abolish any zone pursuant to a resolution A ct1 s a3 161 § 212; 1967 u.t, c 136 § 8.1 adopted by the board providing for such action. Reforc ,a 3 adopting such a resolution, the board shall conduct a a* UMnI eoastroelloa Saenblllry-19X7 a 167: See RCW t 1v 46010 and note following. public hearing notice of which shall be given as provided b RCW 36 32 120(7) A indebt s of d In r ', ? - 34.15.178 R.,*- bonds-Uea far delinquent senlce c6uges I y . . . ny e ne s any zone or zones which are abolished or consolidated shall not be i i 4 , •l a j. 'r .ads s At sartdN by 1913. 3154 The supervisors may authorise the I,,.. mpa red by their abolishment or consolidation, and the 7 l b 8 utt of revenue bonds to finance any flood control improvement or board shall continue to levy and collect all necessary ; y r a A 1 arm water control Improvement. The bonds may be issued by the sat' ptM1lWrs In the same manner as prescribed in RCW 36 67 3101heough taxes and assessments Until such debts arc fCllfld. M . . Mq.370 pertaining la counties. The bonds shall be issued on behalf Whenever I WCnI -f1VC CfCI'nl of the l'le'C10fx of any Y P s - T rtk tale in participating zones when the improvement has by the zone file a petition, meeting the requirements of suffl- ;i nsalutan, provided In RCW 86.13.110, been found to be of benefit to ciency set forth in RCW 86.15.020, asking that a zone ,? s uNl4.) ffltle 86 RCW-p 391 ? a" '; v '. I 7 ,t ^ v I t 1w } A r t . t 'YhW ?'4r; ?NW 4J's7.+V. j:?`?GStf ir:?, 8 H9'r' 'M" f t v1 ,td,.e Ln..xXH 2!M:,.? '?: RU:{z 1 f r 1? 17 ? I ? y P N . 4 t r a r ? ( V h 4 ?gv3 1 h G } tir s i f r i fu , 4 4 w tn '? x 86 15 150 C [ . . Title 86 RCW: Flood o.,,. the board may authorize the transfer of any funds avail- provided in RCW 87.03.270, but at the rate provided in able to the county for flood control or storm water con- RCW 86.09.505. [1983 c 315 § 7.1 trol purposes to any zone or participating zones for flood Severability-1983 c 315: See note following RCW 90.03.500. control or storm water control purposes. [1983 c 315 § 18;1961c153§15.1 ".. Severabllity-1983 c 315: Sec not, following RCW 90.03.500. 86.15.160 Excess levies, assessments, and charges-Local improvement districts. For the pur- poses of this chapter the supervisors may authorize: (1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the vot- crs of the zone or participating zones under RCW 84- .52.052 and 84.52.054; (2) An assessment upon property, including state property, specially benefited by flood control improve- ments or storm water control improvements imposed un- der chapter 86.09 RCW; (3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may law- fully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is re- leased therefor by agreement with the other taxing units from their authorized levies; (4) A charge, under RCW 36.89.080, for the furnish- ing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. Any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges; (5) The creation of local improvement districts and utility local improvement districts, the issuance of im- provement district bonds and warrants, and the iltlposi- lion, collection, and enforcement of special assessments on all property, including any state-owned or other pub- licly-awned property, specially benefited from improve- ments in the same manner as provided for counties by chapter 36.94 RCW. [1983 c 315 § 19; 1973 1st exs. c 195 § 131; 1961 c 153 § 16.1 Sevetrabi0ty-1983 a 315: See note following RCW 90.03.500. Seversblllly-Effecilve dues and termination dales---- Con. true- doo--1973 tat ex.& a 195: See notes following RCW 84 52.043. Rates, and charges for storm water control facil0¢s. RC'IV 9001500 and 90.03.310 See also RCIV J3.67025, .1392.0.1, J6.89,085, J6.94.143, and 36.08.012. 86.15.162 Delinquent assessment ale of par- cel-Accrual of interest. If the delinquent assessment remains unpaid on the date fixed for the safe under RCW 86.09.496 and 86.09.499, the parcel shall be sold in the same manner as provided under RCW 87.03.310 through 87.03.330. If the district rcconveys the land un- der RCW 87.03.325 due to accident, inadvertence, or misfortune, however, interest shall accrue not at the rate fnik 66 RCWy 31111 86.15.165 Voluntary assessments for flood control or storm water control improvements-Procedur Disposition of proceeds-Use. The supervisors may provide by resolution for levying voluntary assessments, under a mode of annual installments extending over a period not exceeding fifteen years, on property benefited from a flood control improvement or storm water control improvement. The voluntary assessment shall be im- posed only after each owner of property benefited by the flood control improvement has agreed to the assessment by written agreement with the supervisors. The agree- ment shall be recorded with the county auditor and the obligations under the agreement shall be binding upon all heirs and all successors in interest Of the property. The voluntary assessments need not be uniform or di- rectly related to benefits to the property from the flood control improvement or storm water control improvement. The levying, collection, and enforcement authorized in this section shall be in the manner now and hereafter provided by law for the levying, collection, and enforce- ment of local improvement assessments by cities and towns, insofar as those provisions are not inconsistent with the provisions of this chapter. The disposition of all proceeds from voluntary assess- ments shall be in accordance with RCW 86.15.130. The proceeds from voluntary assessments may be used for any flood control improvement or storm water con- trol improvement not inconsistent with the provisions of this chapter, and in addition the proceeds may be used for operation and maintenance of flood control improve- ments or storm water control improvements constructed under the authority of this chapter. [1983 c 315 § 20; 1969 ex.s. c 195 § 3.1 S9verabiliry-1983 c 315: See note following RCW 90.03.500. 86.15.170 Gain enl obligation bonds (u amended by 1983 c 167E (1) The county legislative authority may authorize the issuance of general obligation hands to finance any flood control improvement. Such general obligation bonds may b, issued only when authorized by the voters pursnanl to RCW 114.52.056. Such bonds shall be issued on behalf of the nine or participating zones and be approved by the voter, of the rune or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found W be of benefit to a zone or participating nines. Such bonds may be in any form, includ• ing bearer bonds or registered bends as provided in RCW 39.46.030. (2) Such Grads may he issued in accordance with chapter 39.46 RCW. 11983 c 167 $ 211: 1961 c 1331 17,1 l.lberd construction 5ezerabillq-19x3 c 167: See RCW 39.46.0 10 and note fulI.. mg. 86.15.170 Ounds-hand rrnrrmrnl tax levy is mended by 1983 a 3156 The superv;wn may zuthorir, the issuance of general obligation bonds to finance any flood! control improvement or storm water control improvement and provide for the retirement of the bonds with ad v.durem property lax levies. The general obligation bonds may be .-cd and the bond rebrenmnt levies inil-cd only when authorined by the voter, purvuant to Article VIII, sea on 6 and Article VII, w. lion 2(b) of the state Constitution and RCW 84,52,036. The bonds (1911 fit , e E k tfi n: h ?q 19?r 9 7? 4* rh`s. ' { A's Y C 7 Jiq Ilk I yy t l7 r r ; Ij'- Flood Contro l Zone Districts 86.15.1 50 ' control improvements within the zone or any participal- The supervisors may conduct any such hearing concur- ing zones. The improvements may include, but shall not rently with a hearing on the establishment of it flood - c A? be limited to the extension, enlargement, construction, or control zone, and may in such case designate the pro- v acquisition of dikes and levees, drain and drainage sys- posed zone a beneficiary of any improvement. [1983 c a , tems, dams and reservoirs, or other flood control or 315 § 16; 1961 c 153 § 12.1 ¢ ) i ' storm water control improvements; widening, straighten- ing, or relocating of stream or water courses; and the Siterubility-1983 c 315: See nose fallowing RCW 90.03.500. }:?^ tY , acquisition, extension, enlargement, or construction of any works necessary for the protection of stream and a water courses, channels, harbors, life, and property. [1983 c 315 § 14; 1961 c 153 § 10.1 Seeembility-1983 c 315: See note following RCW 90.03.500. s ?Y t+r ? 4 V 1 r uw;? 1t y 86.15.110 Flood control or storm wafer control im- provements-Initiation-Comprehensive plan. Flood control or storm water control improvements may be ex- tended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify: (1) Whether the improvement is to be extended, en- larged, acquired, or constructed; (2) That either: (a) A comprehensive plan of development for flood control has been prepared for the stream or water course upon which the improvement will be enlarged, extended, acquired, or constructed, and that the improvement gen- erally contributes to the objectives of the comprehensive plan of development: Provided, That the plan shall be first submitted to the state department of ecology at least ninety days in advance of the beginning of any flood control project or improvement; and shall be sub- ject to all the regulatory control provisions by the de- partment of ecology as provided in chapter 86.16 RCW; or (b) A comprehensive plan of development for storm water control has been prepared for the area that will be served by the proposed storm water control facilities; (3) If the improvement is to be constructed, that prc- liminary engineering studies and plans have been made, and that the plans and studies are on file with the county engineer; (4) The estimated cost of the acquisition or construc- tion of the improvement, together with such supporting data as will reasonably show how the estimates were ar- rived at; and (5) That the improvement will bencftl: (a) Two or more zones, hereinafter referred to as par- ticipating zones; or (b) A single zone; or (c) The county as a whole, as well as it zone or par- ticipating zones. [1983 c 315 § 15; 1961 c 153 § 11.1 Seern6i0ry-1983 a 315: See note following RCW 90,03.500. 86,15.120 Flood control or storms water control ins- pr nements-Itearing, notice. Before finally adopting a resolution to undertake any flood control improvement or storm water control improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearing shall be given under RCW 36.32.120(7). 1191) 11 4) 86.15.130 Zone treasurer-Funds. The treasure of each zone shall be the county treasurer. He shall es tablish within his office a zone flood control fund fs each zone into which shall be deposited the proceeds o all tax levies, assessments, gifts, grants, loans, or olhe revenues which may become available to a zone. The treasurer shall also establish the following ac counts within the zone fund: (1) For each flood control improvement financed by i bond issue, an account to which shall be deposited thi proceeds of any such bond issue, and (2) An account for each outstanding bond issue tt which will be deposited any revenues collected for flit retirement of such outstanding bonds or for the paymen of interest or charges thereon; and (3) A general account to which all other receipts othe zone shall be deposited. [1961 c 153 § 13.1 86.15.140 Budget. The supervisors shall annually ai the same time county budgets are prepared adopt a budget for the zone, which budget shall be divided intt the following appropriation items: (1) Overhead and ad• ministration; (2) maintenance and operation; (3) con• struction and improvements; and (4) bond retirement and interest. In preparing the budget, the supervisors shall show the total amount to be expended in each ap- propriation item and the proportionate share of each ap• propriation item to be paid from each account of the zone. In preparing the annual budget, the supervisors shall under the appropriation item of construction and im- provement list each flood control improvement or storm water control improvement and the estimated expendi- ture to be made for each during the ensuing year. The supervisors may at any time during the year, if addi- tional funds become available to the zone, adopt a sup- plemental budget covering additional authorized improvements. The zone budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be given as provided by RCW 36.32.120(7). [1983 c315§ 17;1961c 153§ 14.1 Se, Allity-19113 c 315: See note following RCW 90.03.500. 86.15.150 County aid. Whenever the supervisors have found under the provisions of RCW 86.15.110 that it flood control improvement or storm water control im- provement initiated by any zone will be of benefit to the county its if whole, as well as to the zone or participating zones; or whenever the supervisors have found that the maintenance and operation of any flood control im- provement or storm water control improvement within any zone will be of benefit to the overall flood control program or storm water control program of the county, rrirle 86 RCW-p 371 Ny t sy r , : JI ::?5S_ ':;.Y? r __.. ,', .. _MM rFAAL' e?Q'CkWASA• -- ? '??a7zr d Yofi Ys"4?' " tr°Ik1 PtXt 1 } A .r-_ S? TP'7_a '1 f b k b k.V } x f(t 5 • •s 86.15.040 Title 86 RCW: Flood Control district: Provided, That unless such city or town or dis- and ponds within the district, and dispose of the same _ trict legislative body approves or disapproves the cre- for beneficial or useful purposes under such terms and 3 ation of such zone within one hundred and twenty days conditions as the board may deem appropriate, subject , after receiving a request for approval from the board, it to the acquisition by the board of appropriate water ' shall be conclusively presumed that such legislative body rights in accordance with the statutes; approves the creation of such zone: Provided further, (5) Acquire necessary property, property rights, facil- That if within ninety days following legislative approval itics, and equipment necessary to the purposes of the Provided That d ti if - - - or disapproval ten percent of the electors of such city, , on: emna t, or con zone by purchase, g ?? town or district, file with the county auditor a petition property of municipal corporations may not be acquired w ; _ requesting an election, such city, town or district shall without the consent of such municipal corporation; conduct an election within its limits to determine if the (6) Sue and be sued in the name of the zone; residents of such city, town or district wish to be in- (7) Acquire or reclaim lands when incidental to the - k eluded within or excluded from such zone. The results of purposes of the zone and dispose of such lands as are 4d 4+d" - -..ym such election shall be binding, and the cost of such elec- surplus to the needs of the zone in the manner provided lion shall be borne by the city, town or district. [1961 c for the disposal of county property in chapter 36.34 153 § 4.1 RCW; (8) Cooperate with or join with the state of 86.15.050 Zones -Governing body. The board of Washington, United States, another state, any agency, . :i county commissioners of each county shall be ex officio, corporation or political subdivision of the United States ? 647, - Y by virtue of their office, supervisors of the zones created or any state, Canada, or any private corporation or indi- - , in each county. [1961 c 153 § 5.] vidual for the purposes of this chapter; (9) Accept funds or property by loan, grant, gift or 86.15.060 Administration. Administration of the af- otherwise from the United States, the state of fairs of zones shall be in the county engineer. The engi- Washington, or any other public or private source; - ncer may appoint such deputies and engage such (10) Remove debris, logs, or other material which of waters in streams or flo d l h i d - _ employees, specialists and technicians as may be re- ' w er y e t e or mpe may That such material shall be- es: Provided s s quired by the zone and as are authorized by the zone budget. Subject to the approval of the board, the engi- , water cours come property of the zone and may be sold for the pur• _ ncer may organize, or reorganize as required, the zone pose of recovering the cost of removal: Provided further, m t a?- into such departments, divisions or other administrative s as he deems necessary to its efficient oper- tio shi l That valuable material or minerals removed from public lands shall remain the property of the state. [1983 c 315 J1?? p re a n ation. [1961 c 153 § 6.1 § 13; 1961 c 153 § 8.1 !+ S-nibnity-1983 c 315: Sec note tallow ila RCW 90.03.500. ti 86.15.070 Advisory committees. The board may ap- ` • point a county-wide advisory committee, which shall T d 86.15.090 Extraterritorial powers. A zone may, ; ., , he boar consist of not more than fifteen members. when ncccssary to protect life and property within its ? '. also may appoint an advisory committee for any zone or limits from flood water, exercise any of its powers speci• combination of two or more zones which committees Pied in RCW 86.15.080 outside its territorial limits. ' ' ^I shall consist of not more than live members. Members of [ 1961 c 157 § 9.] an advisory committee shall serve without pay and shall e serve at the pleasure of the board. [1967 ex.s. c 136 § 6; 7 1 961 153 86.15.1195 Zones constitute quasi municipal corpora- d fl + q . c § 1 oo tion-Constitutional and statutory powers. A a 3 d control zone district is a quasi municipal corporation, an ,?. { {. .] 86.15.080 General powers. A zone or participating independent taxing "authority" within the meaning of v,i zone may: Article VII, section I of the state Constitution, and a ) (1) Exercise all the powers vested in a county for "taxing district" within the meaning of Article VII, sec, flood water or storm water control purposes under the 36 89 and 36 94 13 86 12 86 lion 2 of the state Constitution. f B" • : . , . . . , . provisions of chapters such powers all ac- t in exercisin id d Th P W A Good control zone district constitutes a body carper i f •' 1 ? 1i , g rov e , a RC : me of the zone and title to i h k b a corporat on rate and possesses all the usual powers o h ? 4 , r ? e na n t e ta en lions shall i h at may for public purposes as well as all other powers t v d e zone; n t all property or property rights shall vest now or hereafter be specifically conferred by statute, in• z (2) Plan, construct, acquire, repair, maintain, and op- eluding, but not limited to, the authority to hire employ, ? crate all necessary equipment, facilities, improvements, staff, and services, to enter into contracts, and to sue ccs and works to control, conserve, and remove flood waters otherwise carry out the pur• d t , ;and be sued. 11983 c 315 § 6.1 raft yj} o and storm waters an poses of this chapter including, but not limited to, pro. S.-Alllly-19X3 a 315; See note following RCW 90.03.500. ` r ` { lection of the quality of water sources; (3) Take action necessary to protect life and property 86.15.100 Flood control or storm water control im• d j I . within the district from flood water damage; provements-Authorization. The supervisors may all- ), -Y (4) Control, conserve, retain, reclaim, and remove flutxl waters and storm waters, including watch of lakes thorize the construction, extension, enlargement, or acquisition of necessary fltval control or slunn watt- , a .alp ? • l rrltk 66 RCW-p361 Pvubi ,I , t +t tai _j , e Gx? ,a % i l c? til " ky L 4 J N ? (5) "Storm water control improvement" means any ;oy works, projects, or other facilities necessary to control s and treat storm water within the county or any zone or zones ! . (6) "Supervisors" means the board of supervisors, or 4, governing body, of a zone. (7) "Zones" means flood control zone districts which are quasi municipal corporations of the state of f Washington created by this chapter. [1983 c 315 § 11; 1961c153§1.] Se-bility-1983 c 315: See note following RCW 90.03.500. 86.15.020 Zones-Creation. The board may initi- ate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining k ?,ryY71 - Food control projects or storm water control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also be - initiated by a petition signed by twenty-five percent of - the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall in- . = corporate the terms of the petition in a resolution within forty days after receiving the petition from the county Jv; - auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiated by motion of y the board or by a petition of electors. petitions shall be in a form prescribed and approved r ' by the county auditor and shall include the necessary Ic- l d i ti d th i f ti f - - 2 " ga escr p ons an o er n orma on necessary or es- tablishment of a zone by resolution. When the sponsors A of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall [^ thereafter certify the sufficiency of the petition within forty-five days. If the petition is found to meet the rc- i quirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors. [ 1983 c 315 § 12; 1961 `h c153§2.] t ?? - - Se,enbli ly-1983 c 315: See note following RCW 90.03.500. r 86.15.025 Districts incorporating watersheds authur- ized-Subzones authorized-Creation, proce- dure-Administration-Powers. (1) The board is authorized to establish a countywide Food control zone district incorporating the boundaries of any and all wa. tcrsheds located within the county which arc not specifi- cally organized into flood control zone districts established pursuant to chapter 86.15 RCW. Upon es- tablishment of a countywide flood control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzoncs and such subzoncs shall then be operated and be legally established in the same manner as any flood control zone district established pursuant to chapter 86.15 RCW, list) F41 (2) Countywide flood control zone districts shall be established pursuant to the requirements of RCW 86- .15.020, 86.15.030 and 86.15.040 as now law of hereaf- ter amended. Subzones established from countywide flood control zone districts shall be established by reso- lution of the board and the provisions of RCW 86.15- .020, 86.15.030 and shall not apply to the establishment of such subzonc as authorized by this section. (3) Such Subzones shall be operated and administered in the same manner as any other flood control zone dis- trict in accordance with the provisions of chapter 86.15 RCW. (4) Such subzoncs shall have authority to exercise any and all powers conferred by the provisions of RCW 86- .15.080 as now law or hereafter amended. (5) The board shall exercise the same power, author- ity, and responsibility over such subzoncs as it exercises over Food control zone districts in accordance with the provisions of chapter 86.15 RCW as now law or hereaf- ter amended, and without limiting the generality of this subsection, the board may exercise over such Subzones, the powers granted to it by RCW 86.15.160, 86.15.170, 86.15.176 and 86.15.178 as now law or hereafter amended. [1969 ex.s. c 195 § I.] 86.15.030 Districts incorporating watersheds author- ized-Formation, hearing and notice. Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; de- scribe in general terms the Food control needs or re- quirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7). At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: Provided, That if the boundaries of such zone arc enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: Provided further, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: Provided further, That the immediately pre. ceding proviso shall in no way limit or be construed to prohibit the formation of a countywide flood control zone district authorized to be created by RCW 86.15.025. Within ten days after final hearing on a resolution, the board shall issue its order. (1969 exs. c 195 § 2; 1961c153§3.] 86.15,040 Limitation on the formation of zones. Any zone to be created pursuant to this chapter which in- cludes lands located within the limits of any city or town or flood control district shall, prior to its creation, be approved by the legislative body of such city, town or frill, 86 RCW-p 351 c r ?1 r. f ?? l .sr?. Ye t X A %I { f fsE LIS, r .` £`.... 6 = ...t. } I pF 1r '? Q _ 86.13.090 Title 86 RCW: Flood Control f[+ .t presented to him for payment, to bear interest at a ter- Chapter 86.15 twin rate thereafter until paid, such rate to be the then FLOOD CONTROL ZONE DISTRICTS current rate as determined by the county auditor. [1913 c 54 § 9; RRS § 9659. Formerly RCW 86.12.110.1 sectiam _ p - JOINT COUNTY CONTROL- SUPPLEMENTAL ACTS 86.13.100 Lease or disposal of property-Dispo- •?sy - sition of proceeds. Whenever two counties of this state, , 4` acting under a contract made pursuant to RCW 86.13- S .010 through 86.13.090, shall make an improvement in connection with the course, channel or flow of a river, w shall acquire property by statute, purchase, gift or otherwise, said counties, acting through their boards of county commissioners jointly shall have the power, and are hereby authorized to sell, transfer, trade, lease, or - otherwise dispose of said property by public or private, negotiation or sale. The deeds to the property so granted, ' transferred, leased or sold shall be executed by the ,,. chairman of the meeting of the joint boards of county commissioners, and attested by the secretary of said joint meeting where the sale is authorized. The proceeds of the sale of said property shall be used by said counties completion or maintenance of said for the carrying on 3'r?P , improvement, as directed by the boards of county com- missioners of said counties acting jointly. [1915 a 103 § 1t2 t'. I; RRS § 9660. Formerly RCW 86.12.080.1 0. w•. Consweslan-1915 a 103: 'This act is not intended to modify, change, alter or amend chapter 54 of the Session Laws of 1913 IRC W ' .. 11915 c 103 12.1 86.13.010 through 86.13.0901. Lv76a?: 1 ?'n 86.13.110 State's title to abandoned channels granted to counties. Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in con- ncction with the course, channel or flow of a river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct improvements intended so to do, all the right, title and interest of the state of Washington in and to said abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall be and the same is hereby given, granted and conveyed jointly to the counties m;' king such improvement. [1915 c 140 § I; RItS § 9662. Formerly RCW 86.12.090.1 IMMUNITY FROM LIABILITY 86.13.120 Liability of county or counties to others. See RCW 86.12.037. fflrle 16 RCW" 341 6.15.010 Definitions. (5. 5.0.0 Zones-Creation. 6.15.025 Duueu incorporating watersheds authorized-Sub- zones authorized-Creation, procedure-Admin. islrulion-Powers. 6.15.030 Districts incorporating watersheds authorized-For- mation, hearing and notice. 6.15.040 Lim''!atian on the formation of zones.. 6.15.050 Zonc-Governing body. 6.15.060 Administration 6,15.070 Advisory-milt... 86.15.080 General powers. 86.15. 090 Extraterritorial powers 86.15.095 Zones constitute quasi municipal corporation- Con-stitutional and stalmory powers. 86.15.100 Flood control or storm water control improvemenls- Authorization. 86.15.110 Flood control or storm water control improvements- Initiation-Comprehensive plan. 86.15.120 Flood control or storm water control improvements- Hearing, notice. 86.15.130 Zone treasurer-Funds. 86.15.140 Budget. 86.15.150 County aid. 86.15.160 Excess levies, assessments, and charges-Local im- provc ent districts 86.15.162 m Delinquent assessment-Salt of parcel-Accrual of interest. 86.15.165 voluntary assessments for flood control or storm wafer control improvements-Prmedure-Disposition of proceeds-Use. 86.15.170 General obligation bonds (as amended by 1983 c 167). 86.15.170 Bonds-Bond retirement tax levy (as amended by 1983 c 315). 86.15.176 Scrvicc charges outharized-Disposition of revenue. 86.15 178 Revenue bonds-Lien for delinquent service charges (as amended by 1983 c 167). 86.15.178 Revenue bonds-Len for delinquent service charges (as amended by 1983 c 315). 86.15.180 Protection of public properly. 86' 15.190 Abatement of nuismices. 86.15.200 Flood control zones-Consolidation, abolishment. 86.15.210 Transfer of property. 86.15.220 Planning of improvements. 8(,.15.230 Public necessity orchtpur. 86.15.900 Severability-Construction-1961 c 153. 86.15.910 Construction of chapter. 86.15.920 Tines not part of the chapter. DkIalation o f inatlivc specin) purpose districts: Chapter 36.96 RCW. Latest governmental wganilaliom, actions affecting boundaries, ec., review by 8 8 8 8 8 8 8 8 boundary review board: Chapter 36.93 RCW. s 86.15.1110 Definitions. The definitions set forth in this section apply through this chapter. (1) "hoard" means the county legislative authority. (2) "Flood control improvement" means tiny works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones, (3) 'Flood waters' and "storm waters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or properly. (4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or storm water control improvement. (1913 F.d.) 1 { . 14 i it ) ? ppr,(?4hm ..g.,yy.g? - 5 86.12.020 Title 86 RCW: Flood Control r? < ,. rights, including beds of nonnavigable waters and state, improvements intended so to do, all the right, title and e' '" > §ik 1 county and school lands and property and may damage interest of the state of Washington in and to said aban- - "] v any land or other property for any such purpose, and cloned channel or channels, bed or beds, bank or banks, may condemn land and other property and rights and up to and including the line of ordinary high water, shall rs h. interests therein and damage the same for any other be and the same is hereby given, granted and conveyed =tq7 A y, 3M1 public use after just compensation having been first to the county making such improvement: Provided, how- ti made or paid into court for the owner in the manner ever, That any such gift, grant or conveyance shall be M*? '•h ement or interest heretofore e k < g .? •.a' ' _Apl prescribed in this chapter. The purposes in this chapter subject to any rib t, eas ranted or conveyed to any agency of the state. iven specified are hereby declared to be county purposes. c 30 § 10; 1941 c 204 § 9; 1935 c 162 6 1; s 1970 , g g [1963 c 90 § 1.1 . ex. [ 1919 c 109 § 1: 1907 c 66 § 2; Rem. Supp. 1941 § 9626.] IMMUNITY FROM LIABILITY Severabtaty-1970 ex.s. c 30: See RCW 36 89.911. der ere supplemental: RCW 76.89.062 f 86.12.037 Liability of county or counties to others. ' tro Authority and power o owers and authority: Chapter t i No action shall be brought or maintained against any r y p es, coun Sturm water control facilit W county alone or when acting jointly with any other . 36.89 RC how exercised. The tak- nt domain i 0 E county under any law, its or their agents, officers or for any noncontractual acts or omissions of loyees em , ne m 86.12.03 ing and damaging of land, property or rights therein or , p such county or counties, its or their agents, officers or - i thereto by any county, either inside or outside of such is unt f h on, reg employees, relating to the improvement, protect revention and navigation l for flood d - y e cu t county, for flood control purposes o declared to be for a public use. Such eminent b h p contro ulation an purposes of any river or its tributaries and the beds, - ere y domain proceedings shall be in the name of the county, banks and waters thereof: Provided, That nothing con- tion shall be had in the county where the property is situated, tained in this section shall apply to or affect any ac ' and may unite in a single action proceedings to condemn and for county use property held by separate owners, the now pending or begun prior to the passage of this sec- tion. [1921 c 185 § 1; RRS § 9663. Formerly RCW return separate verdicts for the several lots, tracts t 87.12,180.] . - o jury or parcels of land, or interest therein, so taken or dam. aged. The proceedings may conform to the provisions of 3 'sections 921 to 926, inclusive, of Remington's Revised or to any general law now or hereafter enacted Statutes Chapter 86.1 FLOOD CONTROL BY COUNTIES JOINTLY , governing eminent domain proceedings by counties. The title so acquired by the county shall be the fee simple ti- I t le as shall be designated in the de• Sections JOINT COUNTY CONTROL-1913nCT , tie or such esscr es a cree of appropriation. The awards in and costs of such proceedings shall be payable out of the river improve- ment fund. [1941 c 204 § 10; 1907 c 66 § 3; Rem. Supp. 1941 § 9627.1 'Reviser's wit: 'Sections 921 to 926, inclusive, of Remington's Re- vised Statutes' (except for section 923) arc codified as RCW 8.20.0 to through 8.20.080. Section 923 was repealed by 1935 c 115 1 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repeated section. 86.12.033 Expenses to be paid out of river improve- ment fund. All expenses to be incurred in accomplishing the objects authorized by this act shall be paid out of said river improvement fund and which fund shall be used for no other purpose than the purposes contem• plated by this chapter. [1907 c 66 § 4; RRS § 9628. Formerly RCW 86.12.010, part.] 86.12.034 County entitled to abandoned channels, 1 7.010 86 Boundary line rivers-Comram to control. 3t ?.; . 86.13.020 Ear-dilure of funds-Joint action generally. 86.13.030 Tax levy in each cuunty-Intercounty river improve- 86.13.040 ment fund. Eminent domain-Procedure-Acquisition by pur• y„ ' j F chase authorised. ?` 86,13.050 86.13.060 Join, county meeting-Procedure. Special commissioner-Powers and duties- ..-- Compensation. 86.13.070 86.13.080 Chapter not exelunve. Liability as between counties. 86.13.090 Issuance or warrants JOINT COUNTY CONTROL-SUPPLEMENTAL ACTS ,. 86.13.IW Lease or disposal of property-Disposition of procccds. 86.17.110 Smtcs title to abandoned channels Bronzed to counties. IMMUNITY FROM LIABILITY 86.13.120 Liability of county or counties to others. JOI NT COUNTY CONTROL-1913 ACT " beds, and banks. Whenever a county of this state, acting pursuant to RCW 86.12.010 through 86.12.033, shall 86.13.010 Boundary line rivers-Contract to con- trol. Wherever and whenever a river is or shall be the nection with the course o i {a ' . , n c n make an improvement it boundary line or part of the boundary line between two causin b h i . g y ere ver, t channel or flow of a navigable r or its tributaries or outlet or part thereof, or it nties o f ' R r , , or c u to abandon its existing channel, bed, bank or banks or for Bows through parts of two counties, and the waters rovement said im d b , , p y the entire distance covere any part or portion thereof, or by said improvement shall thereof have in the past been the cause of damage, by bridges or other the roads t i ? , o se, prevent a river from resuming at a future time an an- inundation or otherw erty situate in or to other public interests of ro blic _ , ]f p p cient or abandoned channel or bed, or shall construct pu ti, with like d y the d4w be borne y ccretary r ?- 2 ` • all pcrfom his offfad 937 c 72 § 86.08A2k PrcctdwL a favorabia K ' election fQ mvamod e al elcaieo fter be w a bridge a he distriok ime and me pr y" evy of ds e e lands a ' d enforcing h ulstandsy 37c72§ `• 86.08.i1q 4t ? n a lift 06W paid. J all cotta. rukrral 4 dial rats. rendering i i n s laa tot atilt .. - 6 oa& «, : . wuc$ is 1616 116th k 37c72J t, . ?y ' ': r 1 . ? rr ; . uwr6sftr Ana' Set li y A IrM 4 ' o f glad y ? ii cle ,r, I N8" i ?p.y??? aa ? ? ,??' IAltaa tyr k tgµq .. Flood Control by Counties 86.12.020 16.0.703 Revision of district-Establishment of affect the validity of the chapter as a whole or any sec- ward district Review of benefits-Liability of tion, provision or part thereof not adjudged to be invalid rlgial district---Segregation of funds. If funds are or unconstitutional. [1937 c 72 § 213; RRS § mailable the director shall, at the expense of his depart- 9663E-213.1 am, refer the petition to the supervisor for a prelimi- ty investigation as to the feasibility of the objects not by the petition. If the investigation discloses that Chapter 86.12 lk matter petitioned for is feasible, conducive to the FLOOD CONTROL BY COUNTIES yt68c welfare, consistent with a comprehensive plan of 6adopment and in the best interest of the district and Sections rd promote the purposes for which the district was or- COUNTY FLOOD CONTROL patted, the director shall so find, approve the petition, 86.12.010 County tax for river improvement fund-Flood con- stet an order in his records declaring the establishment trot maintenance account. dlhe new boundaries as petitioned for, or as modified 86.12.020 Authority to make improvements-Condemnation. y trim, and file a certified copy of the order with each 86.12.030 Eminent domain, how exercised. [ 86.12.033 Expenses to be paid out of river improvement fund. I_ oaty auditor, without filing fee, and with the board. 86.12.034 County entitled to abandoned channels, beds, and banks. 1 The board shall forthwith cause a review of the clas- IMMUNITY FROM LIABILITY G - e5cation5 and ratio of benefits, in the same manner and 86.12.037 Liability of county or counties to others. - ad the same effect as for the determination of such ours in the first instance. COUNTY FLOOD CONTROL The lands in the original district shall remain bound it the whole of the original unpaid assessment thereon 86.12.010 County tax for river improvement Is the payment of any outstanding warrants or bonds to fund-Flood control maintenance account. The county _ kpadd by such assessments. Until the assessments are commissioners of any county may annually levy a tax, sassed and all indebtedness of the original district beginning with the year 1907, in such amount as, in bid, separate funds shall be maintained for the original their judgment they may deem necessary or advisable, hrict and the revised district. _ [ 1965 c 26 § I5.] but not to exceed twenty-five cents per thousand dollars of assessed value upon all taxable property in such 86.09.900 Other statutes preserved. Nothing in this county, for the purpose of creating a fund to be known dopier contained shall be construed as affecting or in as "river improvement fund." There is hereby created in my wise limiting the powers of counties, cities, towns, each such river improvement fund an account to be fling districts, drainage districts, or other municipal or known as the "flood control maintenance account." pb8cagencies in the manner authorized by law to con- (1973 1st ex.s. c 195 § 129; 1941 c 204 § 8; 1907 c 66 § mlKt and maintain dikes, levees, embankments or other 1; Rem. Supp. 1941 § 9625. FORMER PART OF fa9ctures and works, or to open, deepen, straighten and SECTION: 1907 c 66 § 4, now codified as RCW thrwise enlarge natural water courses, waterways and 86.12.033.1 add channels, for the purpose of protecting such or- Saenblllty-Effectlre dues +nd rermtnadton d+les-Comdruc• i gut unions from overflow. [1937 c 72 § 210; RRS § tlon-1973 Ist ex.s. a 195: See notes following RCW 84.52.043. ^ 863E-210.1 Limitation on levies: State Constitution Art. 7 f 2 (Amendments 53 and 59); chapter 84.52 RCW,ofI 86.09.910 Chapter supplemental to other acts. Noth- 1 ,rl a 4 in this chapter contained shall be held or construed 86.12.020 Authority to make Improvements- tit any manner abridging, enlarging or modifying any Condemnation. Said fund shall be expended for the pur- u tote now or hereafter existing relating to the or6ani- poses in this chapter provided. Any county, for the con- trol of waters subject to flood conditions from streams, Ien. This chacha and dissolution of flood control dint k, p ' napter is intended as an independent tidal or other bodies of water affecting such county, may n 3' Olptfr providing for a sfparale and an additional au• inside or outside the boundaries of such county, con• drily from and to any other authority now existing for struct, operate and maintain dams and impounding bar 6t organization, operation and dissolution of flood con- sins and dikes, levees, revetments, bulkheads, rip-rap or taid'utricts, as provided in this chapter. [1937 c 72 § other protection; may remove bars, logs, snags and der 211;RRS § 9661E-21 LJ bris from and clear, deepen, widen, straighten, change. relocate or otherwise improve and maintain stream xw 1109.920 Chapter liberal) construed. The provisions channels, main or overflow; may acquire any real or Y personal property or rights and interest therein for the dthb chapter and all proceedings thereunder shall be prosecution of such works or to preserve any nood plain >f4hC 12erally construed with a view to effect their objects, or regular or intermittent stream channels from any in• 007 c 72 1212; RRS § 9663E-21 2.1 terference to the free or natural now of flood or storm water; and may construct, operate and maintain any and 8109.930 Seterability-1937 c 72. If any section all other works, structures and improvements necessary t provision of this chapter shall be adjudged to be for such control; and for any such purpose may pur• ] "id or unconstitutional, such adjudication shall riot chase, condemn or otherwise acquire land, property or iOILLI I7Me 96 RCW-p 291 N ? k i?'ouafa` 7, "?`"^)l 1 k L- v 7nr V ,1 rx 1•:?, .:',!k.lr,. ti?l.-r..lkw'G .1 J{{,'v 7{%"r!? ..a?e.1 ?j ??F a Air Nom. V .? .; _?'^}rm':oa?LW"'"r1 _. ?•'?"'i??._J-_.?at=____?._ ..? .: "?r?c-"???_w...-..- ,y.(a^.r. ? Title 86 RCW: Flood Control 86.26.060 1- - - funds provided by local authority, if any, under reason. work on the state's in-stream resources, and identify the able exercise of its emergency powers, shall be adequate river's meander belt or floodw•ay. A comprehensive flood f T' - for the preservation of life and property, and with due control management plan shall be completed and ?'"`- regard to similar needs elsewhere in the state. [1984 a adopted within at least three years of the certification 212 § 5; 1951 a 240 § 8.] that it is being prepared, as provided in RCW 86.26.050. f If after this three-year period has elapsed such a plan n7y^5 ,'r:: 86.26.080 Annual budget reports of municipal car- has not been completed and adopted, grants for flood a$ 's porations--Allocation of funds. Any municipal corp.- control maintenance shall not be made until a plan is .? ration intending to seek state participating funds shall, completed and adopted by the appropriate local author- '" ? within thirty days after final adoption of its annual Ity cations These limitations on grants shall not preclude allo- - budget for flood control purposes, report the amount for emergency purposes made pursuant to RCW thereof, to the engineer of the county within whose 86.26.060. [ 1984 c 212 § 9.1 - boundaries the municipal corporation lies. The county engineer shall submit such reports, together with reports 86.26.110 Repealed. See Supplementary Table of 5 from the county itself, to the department of ecology. On Disposition of Former RCW Sections, this volume. the basis of all such budget reports received, the depart- _ ~ ment may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of funds from the flood control assistance account for the Title 87 ppp ?. ensuing calendar year. Soil conservation districts shall be IRRIGATION r exempted from the provisions of this section. [1984 c F r 212 § 6; 1951 a 240 § 10.1 Chapters 87.03 Irrigation - districts generally. state will which .... 8 6.26.090 0 Scope of maintenance in participate. The state shall participate with eligible local ' authorities in maintaining and restoring the normal and Chapter 87.03 '"y§ ? reasonably stable river and stream channel alignment _ and the normal and reasonably stable river and stream IRRIGATION DISTRICTS GENERALLY channel capacity for carrying off flood waters with a Sections minimum of damage from bank mosion or overflow of 87.03.016 Diarist may provide slices lighting-Limitations. r ' adjacent lands and property; and in restoring, maintain- 87,03..1. Creation of legal authority to carry out powcrs- v ing and repairing natural conditions, works and struc- Mcihod-Indebtedness. 1 tures for the maintenance of such conditions. The slate 97.03.085 Post-organisation district election-Elation i {57 •.r shall likewise participate in the restoration and mainte- boards-Notice. 87.03.435 Construction work-Bonds-Notice-Bids- nonce of natural conditions, works or structures for the Contracts. protection of lands and other property from inundation 87,03.460 Compensation and expenses of directors, officers. { . or other damage by the sea or other bodies of water. employe". ?fN Funds from the flood control assistance account shall not 87.03.810 Lump sum payment to district for irrigable lands ac- f quired for highway purpos". I+a' _ Y be available for maintenance. of works or structures 97.03.815 Lump sum payment to district for irrigable lands ac- e maintained solely for the detention or storage of flood quircd for highway pwpwcs---Order relieving fur. waters. [1984 0.212 § 7; 1951 a 240 § 11.1 ther district -ammts. ' 86.26.100 Agreement as to parflcipalion-Limit 87.03.016 District may provide street lighting- 4p[? ''`j on amount. Stale participation in the cost of any flood Limitations. In addition to other powers conferred by ?. control maintenance project shall be provided for by a law, an irrigation district is authorized to construct, written memorandum agreement between the director of purchase, lease, or otherwise acquire, maintain, and op- ecology and the legislative authority of the county sub- crate a system for lighting public streets and highways w milling the request, which agreement, among other and to enter into a contract or contracts with electric things, shall state the estimated cost and the percentage utilities, either public or private, to provide that service. µ thereof to be borne by the state. In no instance, except However, no contract entered into by the board for pro- yf r 9l]f on emergency projceu, shall the stile's share exceed viding street lighting for a period exceeding ten years is SS4 j one-half the cost of the project. 11984 c 212 § 8; 1951 c binding upon the district unless ratified by a majority r vote of the electors of the district at an election called, Il+,ft; 240 12.1 § ' r held, and canvassed for that purpose in the same manner t e. as provided by law for district bond elections. 1 , 86.26.10S Comprehensive flood control management plan-Requirements-Time for completion. A com• The authority granted by this section applies only to - f prshensive flood control management plan shall deter- an irrigation district that has begun the construction, mine the need for flood control work, consider purchase, lease, or acquisition of a street lighting system t a alternatives to in-stream flood control work, identify and by January I, 1984, or has entered into a contract for B consider potential impacts of in-stream flood control that service by that date. 11984 c 168 § 1.1 m? 11"4 aCW SW-tap 7521 t 1 t n f r 9 • ,.-yfr, ,..,. i,rr?,., '? -?y?' } 6` 4 . s, v ?F.- ? , G?. -Y'[Y+,'W.?*y ' V M ^MIR r .iM1y_'y <e-q, [ i 1 L ? rw 1 ti ? Y . a 1 i ? k! rag -.Y t n '??! i r f i? ` 10? '?':'t t s fix1 Fa f" 9r ec rr :Xe3?"rl.,:'t".c, 'lllcr.5'>£ -.,''ti_ •z _.X._... . -_ n` . _.__ _LA ?? + `Goao Co.??G State Participation, Maintenance 86.26.060 19 . RCW 86.15.110, been found to be of benefit to a zone the administration and enforcement of all laws relating Z011 yF. or participating zones. The bonds may not exceed an to flood control. [ 1984 c 212 § 2; 195: ; 240 § 3.1 amount, together with any outstanding general obliga- tion indebtedness, equal to three-fourths of one percent 86.26.020 Repealed. See Supplementary Table of of the value of taxable property within the zone or par- Disposition of Former RCW Sections, this volume. ??. -..path ticipating zones, as the term 'value of the taxable prop- , - erty" is defined in RCW 39.36.015. The bonds shall be 86.26.030 Repealed. See Supplementary Table of issued and sold in accordance with chapter 39.46 RCW. Disposition of Former RCW Sections, this volume. [1984 c 186 § 62. Prior: 1983 c 315 § 21; 1983 c 167 § 211;1961c153§17.] Purpose--1984 a 186: See note following RCW 39.46.110. 86.26.040 Duties of local engineer-Approval of plans, etc., by department of ecology. Whenever state Serenbility-1983 c 315: See note following RCW 90.01.300. Liberal conswctioo Sererability-1983 a 167: See RCW 39• Grants under this chapter are used in a flood control .46.010 and note following. maintenance project, the engineer of the county within f which the project is located shall approve all plans for a -i the project and shall supervise the work. The approval of _ 86.16 such plans, construction and expenditures by the depart- Chapter - ment of ecology, in consultation with the department of FLOOD CONTROL ZONES BY STATE fisheries and the department of game, shall be a condi• 6 - lion precedent to slate participation in the cost of any Sections project. [1984 c 212 § 3; 1951 c 240 § 6.] 86.16.095 Repealed. i 86.16.095 Repealed. See Supplementary Table of 86.26.050 Projects in which state will partici- w - Disposition of Former RCW Sections, this volume. pale-Allocation of funds. State participation shall be in such flood control maintenance projects as are of. reeled with a general public and state interest, as differ- ks .' Chapter 86.26 entiated from a private interest, and as are likely to - , STATE PARTICIPATION IN FLOOD CONTROL bring about public benefits commensurate with the MAINTENANCE amount of state funds allocated thereto. No participa- tion may occur with a county or other municipal corpo. ration unless the director of ecology makes a finding fo Sections ' 86 26.007 Flood control assistance account-Establishment- that the county, city, or town having planning jurisdie- - -? Use. lion over the area where the flood control maintenance 86.76.010 Administration and enforcement. project will be engages in flood plain management activ-vv 'q 86.26.020 Repealed. ities, on the one hundred year flood plain surrounding 86.26.030 Repealed. such area, that are adequate to protect or preclude flood i-g 86.26.040 Duties or local engineer-Approval of plans, etc., by + department of ecology, damage to structures, works, and improvements that u. 86.26.050 Projects in which state will participate-Allocation of may be built within its planning jurisdiction on such funds. Rood plain after the request for state participation has fi 66.26.060 Allocation of funds- been made, including restriction of land uses within a 86.26.080 Annual budget reports of municipal corporations- ' +a7 Allocation of funds. river's meander belt or floodway to only flood+compati- sj r 86.26.090 §cope of maintenance in which stale will participate, bee uses. No participation may occur with a county or 86.26.100 Agreement as to participation-Limitonamount. other municipal corporation unless the county engineer 86.26.105 Com rehemive flood control mane ens Ian-Re• quirrcments-Time for completion.am 9 of the county within which the flood control mainte- y Y? 86.26.110 Repealed. nance project is located certifies that a comprehensive 6y _' flood control management plan has been completed and f toy 86.26.007 Flood control assistance account-Es- adopted by the appropriate local authority, or is being f R, It lablishment-Use. The flood control assistance ac- prepared for all portions of the river basin or other area, q count is hereby established in the general fund. At the within which the project is located in that county, that beginning of each biennium after June 30, 1985, the are subject to flooding with a frequency of one hundred s n, u state treasurer shall transfer from the general fund to years or less. Such participation shall be made from the flood control assistance account an amount of money grants made by the department of ecology from the which, when combined with money remaining in the ac• flood control assistance account. 11984 c 212 § 4; 1951 a? count from the previous biennium, will equal four mil- 240 § 7.1 tt? lion dollars. Moneys in the flood control assistance 3x, account may be spent only after appropriation for a 86.26.060 Allocation of funds. Grants for flood con. specified list or projects under this chapter. 11984 c 212 trol maintenance shall be so employed that as far as ] `. § 1.1 possible, funds will be on hand to meet unusual, unfore- t seeable and emergent flood conditions, Allocations by 86.26.010 Administration and enforcement. The de• the department of ecology, for emergency purposes, shall Py partment of ecology shall have charge for the state of in each instance be in amounts which together with A i ? ?M 71iiti , l it ? 11984 RC1V Sapp--pq1 7511 ? ? ,?.. JOHN AN Governor x} :` DONALD W, MOOS Director n: i STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Mail Stop PV-11 • Olympia, Wa>hington 98504 . (106) 4596000 January 16, 1985 Brian Shelton, P.E. ' Jefferson County Public Works Department 1820 Jefferson Street Port Townsend, WA 98368 ' Dear Mr. Shelton: r On behalf of the Department of Ecology, please accept my sincere gratitude for serving recently on the ad hoc committee for evaluating applications for funding assistance from the Flood Control Project Assistance Account. Your know- ledge and experience contributed immeasurably to an objective review of the applications and I am confident that the projects being forwarded for funding are those that will most effectively reduce the severe flooding problems being experienced throughout the state. I hope that you will continue your interest in and Involvement with our Flood Control Program as we begin to concentrate on the comprehensive flood control management plan requirements of the low. 71 Sincerely, Glen H. Fiedler Deputy Director GHF:kb cc: Vern Wagar Jim Williams ?? q, f?tC tPStRS OrF t INSyJtA "7G,? i ?h%D t ib tZ?.tt {' 1 ?h ?4 W ' ' (.IEt G n Y 1 ? I k '? ?{ Y ?ay .? !. 'i V '1 ? I $t r! Yy y 4 , l? 1r " Gmian,n ?t ' U u Lgij r S1 Mt ()I 1% YHNGluN (JEFFERSON COUtJTr / DEPARTMENT OF ECOLOGY BOARD OFA'(C061)d)SS)6ERS ?uN? Vv ?I.rr, ?lr yr /'l-1I • fll!nrl rrf l1'f hifiti lr.n !'H504 • (!!K) •!5!(-L(r January 14, 1985 ?• / C ,1 n t ?J Chairman ?T\ Board of Commissionereon County tiny ?Q_ 1820 Jefferson Street Port Townsend, WA 98368 Dear Chairman: In response to recently enacted legislation, 24 counties have submitted 172 flood control maintenance project applications to the Washington Department of Ecology (WDOE) for financial assistance from the Flood Control Assistance Account (Chapter 86.26 RCW). Since these applications requested more money than will be available in the account, a project review committee has reduced the number of projects to about 130 having the highest priority. These will be recommended for funding and will be submitted to the Office of Financial Management as part of the WDOE biennial budget. A seven-person project review committee was selected to make recommendations on project applications, and included one elected county council person, two county public works directors, the director of the County Road Administration Board and three staff from this department. The committee first determined which county projects would not be eligible, based on the standards and criteria from the statute (Chapter 86.26 RCW) and regulations (Chapter 173-144 WAC). It then determined which classes of eligible projects would have the highest priority for state funding assis- tance. Interpretation of these requirements resulted in the following decisions: a) The projects must include maintenance work on flood control facilities. Construction of new facilities will not be eligible. Y S f,: °r 1 `. t•, r. 4n'' January 14, 1985 Page Two.,, b) Projects involving culvert replacement or work related to street/highway maintenance would receive lower priority than regular flood control maintenance work. a. c) Gravel removal to increase channel capacity is eligible work. d) Raising levees to increase channel capacity is ineligible new construction, but levees may be repaired or restored. e) Work on settling basins is eligible if the basin is used to prevent soil, gravel and debris from settling and .? plugging downstream facilities. Work on basins which are used solely for storing flood water is ineligible. f) No funding of emergency work projects will be recommended q: - at this time. g) All projects will require 50 percent local funding contribution for construction work. ' Based on the foregoing, the 172 project applications were placed in one of the following three categories: Y 1) Eligible projects, n: 2) Low priority eligible projects, generally identified as culvert work related to roadway/street/highway maintenance, 3) Non-eligible projects. The projects have been reviewed by the committee for eligibility under Chapter 86.26 RCW, the Flood Control Assistance Account. The committee has made no effort to review the projects against other state, federal or local `- t laws and regulations. Project sponsors are responsible for securing all r necessary permits required for implementation of the project. The eligible projects are to be included in our budget and are recommended for funding, subject to legislative approval, effective July 1, 1985. The low priority eligible projects will also be identified in our budget and may be funded if higher projects are withdrawn, reduced in scope or cannot obtain necessary permits and authorizations. The priorities which the county engineers applied to their county projects were honored by WDOE when project selections were made. Eligible projects from your county include the following which will be n r o recommended for approval with our budget: 2 t AS' WO ?:1 ? r}d J,1y01?' CW? v , rr i? '1, ?' V L? January 14, 1985 Page Three Project Name Maximum Grant Amount Big Quilcene R. Gravel and Debris Removal $100,000 Pt. Townsend Beach Restoration - 37,500' So. Bogochiel R. Bank Protection 20,000 Rock Creek Rip-Rap 10,000 TOTAL $167,500 If you have any questions regarding this program, please call Mr. Rod Mack of my staff at 206-459-6320. x ? Sincerellyr,) Glen H. Fiedler Deputy Director GHF:bh ?S r Z t+7s+c YrM >a .r ?Ngnrp?uN a .rx.cv? u ,,mr ira.? ny? ? mw, 7rf1cS, ^BRWIq?WYCpY r ?CS?? r?yq+? i ? ti , V?d ???dt At ?.k Mk3 4 4 H y ` st 5 T ' ? .. - - ,, om - { FL) CONTROL ASSISTANCE ACCOUNT P aM • _ MAILING LIST Y: 20 • :r Chairman Bo d f Y t . ar o akima County . = Commissioners- North 2nd 6 East B.Street. qy,? `? Yakima, WA 98901 t 6 :, Y ,? - Proiect Name Maximum Grant Amount ?# F . Eschbach Park Levee Restoration Yakima River Gr l B $10,000 0 T, r ave ar Removal 15,00 - Yakima River Levee Brush Removal 10,000 k - .. TOTAL $35,000 , i ? t ??' ui t k FL CONTROL ASSISTANCE ACCOUNT PFJGkiAM MAILING LIST 18 Chairman - Board of Walla Walla County Commissioners 315 West Main Street Walla Walla, WA 99362 Maximum Project Name Grant Amount y Mill Creek Channel Improvements $75,000 TOTAL $75,000 19 County Executive Whatcom County Council 311 Grand Avenue Bellingham, WA 98225 ? - P N Maximum . . roject ame Grant Amount Ferndale Road Diking Project $125,000 Gravel Removal vic. Lynden 27,500 x Gravel Removal vic. Everson 30,000 River Road Diking Project 15,000 McCauley Creek Channel Cleaning 10,000 Saar Creek Channel Cleaning 25,000 Swift Creek Channel Cleaning 10,000 • Fishtrap Creek Channel Cleaning 17,000 _ Misc. Gravel Remvl., Lawrence/Deming vic. 25,000 3 Nooksack R. Bank Prot. Deming vic. 12,500 Nooksack R. Bank Prot. Smith Rd. vic. 2,500 S. Fk. Nooksack R. Bank Protection 20,000 Glacier. Ck. Channel Cleaning 5,000 J Middle Squalicum Ck. Slope Stabilization 50,000 - Lower Squalicum Ck. Slope Stablization 50,000 Upper Squalicum Ck. Slope Stablization 50,000 TOTAL $474,500 List updated: January 14, 1985 Page 7 77- V z D• ?b .... T1? T' n t _ T :iR: '.C Fi. CONTROL ASSISTANCE ACCOUNT Pa r d - : MAILING LIST 5 z" y? ' 15 Chairman Board of Spokane County Commissioners % West 1116 Broadway'.,,:-. Spokane, WA 99260 Maximum Project Name - Grant Amount Y PM - S Rock Ck. Channel Improvement $ 2,500 Spangle Ck. Dredging and Imprvmt. 6,000 p Liberty Lake Outlet Channel Maint. 29,000 t• TOTAL $37,500 ? i 16 ,. Chairman ~* Board of Thurston County Commissioners 2000 Lakeridge Drive S.W. ? Olympia, WA 98502 Maximum - Project Name Grant Amount Salmon Creek Dredging and Improvement $2,500 TOTAL $2,500 17 r' Chairman Board of Wahkiakum County Commissioners 315 West Main Street Cathlamet, WA 98612 Maximum Project Name Grant Amount n! F , ?f Restore Dike and Shore Protection $40,000 of t.i? .? Grove Slough - Headwaters Dredge 5,000 x L ! Gilbertson Slough Pump Station Dredging 5,000 9 Grove Slough Channel Dredging 20,000 ,i TOTAL $70,000, r } s a p y? ? 5 7 .S l + ? l r JS r r ? °l. ??,, ? t , 4 q , iy 9 t • u,4 List updated: January 14, 1985 Pape 6 ,x 4 1 ---- - . - 6 z r. JP2 ` d F AS CONTROL ASSISTANCE ACCOUNT P - ' MAILING LIST 13 -' Chairman Board of Skagit County Commissioners 205 Kincaid Street M 3 ount Vernon, WA 9827 I Maximum v, Project Name Grant Amount x? ji Skagit R. Dike Impvt. and Reinf. $ 25,000 Skagit R. Intake and Pump Sta. Removal 67,500 ; Skagit R. Pump Sta. Removal 32,500 g , Samish R. Dike Repair 3,750 TOTAL $128,750 14 County Executive ? , Snohomish County Council . 3000 Rockefeller Avenue Everett, WA 98201• Maximum - ^ Project Name Grant Amount Tidegate and Outfall Rehabilitation $ 13,900 ,. Rehab. Of Cooper Track PC Facilities 5,000 Oso Dike Repair 10,000 M" Sultan Trng. Dike Repair 46,000 Restore Ebey Slough Dike, Pump and Floodgate 42,800 Ebey Slough Dike Repair 3,000 Ebey Slough Ditch Reloc. and Dike Repair 54,000 Wiser Ck. Drng. System Repair 5,800 "t N. Ebey Slough Ditch Reloc. and Dike Repair 27,500 -- Ebey Island Pump Plant Replacement 50,000 TOTAL $258,000 i je c w -t yr r, 1.1st updnted: Ynnuary 14, 1985 Pape 5 12 County Executive Pierce County Council County-City Building 930 Tacoma Avenue S. Tacoma, WA 98402 Maximum Project Name Grant Amount Puyallup R. Channel Maint. •- vic. Orting $250,000 Carbon R. Channel Maint. - vic. Prairie Ck. 75,000 Puyallup R. Channel Maint. - Carbon R. vic. 50,000 Puyallup R. Chan./Maint. - Tacoma to Puyallup 100,000 Puyallup R. Debris'Remvl. - Orting South 25,000 TOTAL $500,000 List updated: January 14, 1985 Page 4 J 7. 4 3 .?. 7 Chairman Board of Kittitas County Commissioners 5th and Main Ellensburg, WA 98926 Project Name Suver Levee Maint. - Yakima River 8 Chairman Board of Klickitat County Commissioners 205 South Columbus Goldendale, WA 98620 Project Name TOTAL Columbus St. Bridge Channel Restor. Little Klickitat R. Vegetation Control Little Klickitat R. Rip-Rap -Protection . TOTAL Maximum Grant Amount $ 75,000 $ 75,000 Maximum Grant Amount $ 7,500 15,000 27,500 $50,000 . L ;. r Chairman Board of Lewis County Commissioners 7v!, 344 West Main Street Chehalis, WA 98532 Maximum Protect Name Grant Amount Nisqually R. Channel Cleanout and Bank Prot. $ 50,000 { Butter Creek Channel Cleanout 18,000 " Coffee Creek Cleanout t l Cl C 7,500 8 000 r ' eanou hanne Cowlitz R. k P t , 25 000 r" 1 s 4 ro . Giffey Channel Alignment b Ban , TOTAL $108,500 1, t Yr5 kx t'5{ e < S",? 141 " '? ? J S t 3 4 ?• nndnfnd ??nc 1?, '9°5 Pncn ., ti r _ , S ?? Rs ? '77?N? -°?c rwwA rt 7 ? _ Y J. '` x l r 4 % d d t r d o a..S • rt v r...`. .. ,... ?.. .,. . .1 a .. ...lhi. .,... .., ?. .. .. .. ,, ._.. 4 .MU p • . - Chairman . Board of Island County Commissioners. 7th and Main Street t i Coupeville, WA 98239 Maximum - Project Name Grant Amount Repl. Tide Box Structure--Deer Lagoon $ 20,000 Road Erosion Protection and Stablization 105,500 A TOTAL $125,700 5 e Chairman - Board of Jefferson County - Commissioners 1820 Jefferson Street r Port Townsend, WA 98368 Y Maximum Project Name Grant Amount Big Quilcene R. Gravel and Debris Removal $100,000 Pt. Townsend Beach Restoration 37,500 So. Bogochiel R. Bank Protection 20,000 * Rock Creek Rip-Rap 10 000 , TOTAL $167,500 6 d County Executive King County Council 516 Third Avenue Seattle, WA 98104 Maximum Project Name Grant Amount Lower Cedar R. Channel Dredging $ 25,000 Lower Cedar R. E. Bank Emerg. Repairs 25,000 Meadowbrook River Bank Project 4,050 Green River Bank Rip-Rap 50 000.• 47 Misc. Projects (Priorities 2-39 except above) , 395,950 TOTAL $500,000 . GS list updated: Jnnunry 14, 1985 Page 2 3i ?4 ill +1 ;Y a A h -... '. -. ? ... .', '. .. - .. Fla t FLA CONTROL ASSISTANCE ACCOUNT Pi(AM - MAILING LIST Ile 1 Chairman Board of Clallam County Commissioners 223 East 4th - - Port Angeles, WA 98362 d' T E r. Project Name Dungeness R. Grvl' Remvl, Woodcock Rd. vic. Culvert Gravel Cleanout-3 creek sites Lower Dungeness R. Gravel Remvl. Burlingame Bridge Protection, Dungeness R. Clallam R. Bank and Piling Protection Hoko River Bank Protection Bogochiel River Bank Protection TOTAL 2 Chairman Board of Clark County Commissioners P.O. Box 5000 Vancouver, WA 98668 Project Name Lower Burnt Bridge Creek Channel Improvements TOTAL 3 Chairman Board of Cowlitz County Commissioners County Administration Building 207 4th Avenue North Kelso, WA 98626 Proiect Name McCorkle Creek Restoration County Park Shoreline Protection--Columbia R. TOTAL Ti- irI.Ptee! 1nrunrv 14, 1995 i? Maximum Grant Amount $200,000 30,300 75 , 000 9,000 4,000 7,500 19,000- $344,800 R Maximum Grant Amount . ' R ! i $190,000 $190,000 „? , Maximum Grant Amount $10,000 10,000 $20,000 Pere 1 Y "` s, January 14, 1985 Page Three ' .? Project Name ; Maximum :. Grant Amount Dungeness R. Grvl Remvl, Woodcock Rd. vic. $200 000 Culvert Gravel Cleanout-3 creek sites , 30 300 Lower Dungeness R. Gravel Remvl. , 75,000 Burlingame Bridge Protection,'Dungeness R. 9,000 Clallam R. Bank and Piling Protection 4,000 Hoko River Bank Protection. ' 7,500 ` Bogochiel River. Bank Protection 19,000 TOTAL $344,800 If you have any questions regarding this program, please call Mr. Rod Mack of my staff at 206-459-6320. Sincerely, Glen H. Fiedler ;i Deputy Director GHF:bh R ; .a - +Y n , r F S x R '. January 14, 1985 Page two 1)), Projects involving culvert replacement or work related to street/highway maintenance would receive lower priority than regular flood control maintenance work. c) - Graveh removal. to increase channel capacity is eligible work.' , d) Raising levees to increase channel capacity is'ineligible new construction, but levees may be repaired or restored. e) Work on settling basins is eligible if the basin-is used to prevent soil, gravel and debris from settling and plugging downstream facilities. Work on basins which are used solely for storing flood water is ineligible. f) No funding of emergency work projects will be recommended at this time. g) All projects will require 50 percent local funding contribution for construction work. Based on the foregoing, the 172 project applications were placed in one of the following three categories: 1) Eligible projects, 2) Low priority-eligible projects, generally identified as culvert work related to roadway/street/highway maintenance, 3) Non-eligible projects. The projects have been reviewed by the committee for eligibility under Chapter 86.26 RCW, the Flood Control Assistance Account. The committee has made no effort to review the projects against-other state, federal or local laws and regulations. Project sponsors are responsible for securing all necessary permits required for implementation of the project. The eligible projects are to be included in our budget and are recommended for funding, subject to legislative approval, effective July 1, 1985. The low priority eligible projects will also be identified in our budget and may be funded if higher projects are withdrawn, reduced in scope or cannot obtain necessary permits and authorizations. The priorities which the county engineers applied to their county projects were honored by WDOE when project selections were made. Eligible projects from your county include the following which will be recommended for approval with our budget: . riJ ,.. g F ?r3m 'M J, 14 .?,..... 4 Y 1 ia- ti Y V l? u ?t f4 9 4 ? ? ? + S' + Y ? ? , Si 7 , 1 r JON SPELL&iAN Governor DONALD W. A7OO5 Director E _ STATE OF WASHINGTON s DEPARTMENT OF ECOLOGY Alail Stop. PV-77 • Olympia, Washington 9450.1 . (206)459-6000 - e January 14, 1985 Chairman Board of Clallam County Commissioners '• "f 223 East 4th Port Angeles, WA 98362 ' ,7^ Dear Chairman: In response to recently enacted legislation, 24 counties have submitted 172 = u - flood control maintenance project applications to the Washington Department of Ecolo gy (S DOE) for financial, assistance from the Flood Control Assistance Account (Chapter 86.26 RCW). - • Since these applications requested more money than will be available in the r account, .a project review committee has reduced the number of projects to about 130 having the highest priorit Th ill 1 m y. ese w be recommended for funding and will be submitted to the office of Financial Management as part of the WDOE biennial-budget. Y g ?±s A seven-person project review committee was selected to make recommendations on project applications, and included one elected county council person, two county public works directors, the director of the County Road Administration Board and three staff from this department. The committee first determined which county projects would not be eligible, based on the standards and criteria from the statute (Chapter 86.26 RCW) and regulations (Chapter 173-144'WAC). It then determined which classes of eligible projects would have the highest priority for state funding assis- tance. Interpretation of these requirements resulted in the following decisions: Nt. a) The projects must include maintenance work on flood control facilities. Construction of new facilities will not be eligible. ,4, i P f -1, v ? ? n? yt/r ,rtd L t ? 'Ir r ?' , ryP ?t f _c?r vi tj 13r I 1 y. ni ,= 7 .rr I r ? I ?y r I S N 1 t f. \ / t 4 y4 r r yl k f lop ?F '.t qd.. _ V g:?, >. '1: l •} UOl O O C I ? 1- a n ? l u « ? o E E N a$ 6 tY JT' S O O ° c « L yr, °' a ? ° i o z o n ITT, N w n c' ? .+ a` y.{ S? NNy 6 q E m Y L ° U ` J d y?- y 7 ? ? O Z u L u N L L ? y K C 6 C E 'ok ?; s ? 3 ? ? 4? ' 1 ' U •? d LL N F V 9 ? 6 S J O N Y 1 W Y > • ? 1 , ???iii f 1 .f ) ,t q s 1 ,:m 4 u u u ? ? J ; t 15 f 0 0 0 Y T N t i 'Xit f t h " f J 1 ? t > N iAl h + ?l 13 'M'6 '4 -.' L . ? ' F' ? ' 1'L?}?Ni \ 5 ?? ' ? ` ?t ' ' Yr -„ lP# r M { rr t. i• dnANla y 1f ,M.: _ li? W f i yrt !k'o•1 " t l a J i '!tli??t ' I ` ' r l ' ? *1 11'1 y' ' f J { rf???3N? ? 1 ? Q K £ 0 6 RFC , 4 u a ' y J O pC U CA ' 0 I o° N y O Y U Y O Y V S° O ° S S N S ° ° O O O O C O ° S ° O O S ° O °O 00 O O° O . O O O V C W L O N O O O N 1 L M r ? E E a K W 2 O O O C i E > O^ U d V 9 C ? _u ? Y E ? •E- n O N Y yOj L ? d O ? N udi o L ? b u u C ? 6 d N y ? d E t V L + O 6 . L J W d d U d ? a C d C U d d J O O D. O C d ? O Y b L O U U Y > ? .- C .C .^ d C L O E? O L C, E y U y. J O ' Y 9 L O N 00 ? ^ u O ? > g> GEOi y O U u ? ? U d . C C V d Y V d N u i N U d ? ? d C d ? V U m ? A O, Y • a fi Y > L O ? j N > U h n Y O 6 d0 d: p N J .- N N K O V V V . - S LL A U V 5 S, A VI N li Z 2 = o a n o N O d ? ? O h T T T e a T LL ? ? T ? T T u • C d K C N G U C O H „ o M LL ? U € p V U ?& p G V ? €? ° ? -? U O 5? V fi ?? V ? U ? o g g s 0 S 0 0 S 0 = ? ?? ? s o € o ? ? ? T ?I ? N T ? N M O N r M d N ID ^ O) N O a` z e ? M 4 A B s g t U ? ? t °?' ?y )yet 4? '? i 1 v r t f , a ?r t ! F I ) 3 ' ? t ? . . ) 1 s l G g ) ) t oft ??r}?(t?tt ? )t r: i t ? o- t Y. .. G O IO/1 p C O w O • Y ?n U U O O O O O o N 8 00 N O O S O O O O O ? $ O ° ?, ? d ? ?o p ° Ire 0 r ? m m o 0 ? N o o v ?' s v o c y N I°n N Y o. E E m i n n v o N e . m w w . u i . Y Is d C r ( ,, ? W s C > n T ? n' ° y r ?y 7 U b O I n Y > ? d Y Y C µ . y ? L a Y ? c b 9 V ? ? C OI U U > > U ? O U • • N Y N E b q •O L V Z =O U n y j b ? j O ? ? I Y V E C E I IT I ? C + t• L uYdi r > b E E ? n ^ w L LL y ? m 6 ? u 9 b m UD • ? d O Y E Y ? Y ? 4.- L,. W 6 N IN/i < D m E 2 E E 9 U E U c r c Y, C U {LJ ? c Y d O C Y b d w A G t0 u y O ? w b Y 6 O U rn Y o ` 9 N V T L W O H v 2 L E V C 6 t p O 9 N O T J 2 V U U h m 0 = ? ? ^ C .r- 1 ? ? ^ ^ T C ? ? Y Y ? .q ? ? n d O Y Y Oi d O C d O H c d N ^ L ? d - y U ? N T n W T p I p, O "! 6 U 6 > ip > E G d 6 E E N N N N M H K O N O: W n W r W S Y w • Y ? ,% LL 9 E > > > C O: O: • U U U ; > ? O: . tJ jl N Y ad+ u u 4 „ 6 -1 n p Y O O T T d e e t q y U H N u T p e ? E U a N E O O b p a E N n Y In O D D C Y j U O x Y > U Y O O V C Y o O O .UY ? N b Y O O O Y C O G+ • b O C C Y = b E E Y Y Y Y I= I ' .? y O: 6 6 O. 6 O U U p V N N N D O is O O D Y?YF T ?• 1 N ? M d N '• N < Yi r N M Y N i0 h m OI O T 1 f!. ? Y M { O U t ." .1 € ? 4 C M c. ? l ' f I M I f ?MCR ! 2?d1},t?f I? $?t.i? .Y?i AI+? .a ????i? Ik.1A 'i-.? ?. r ? ? r. k? f L6 ' ?%! t• ?? `4'kx t ? t ? ??>?? gx tl - } r h. n I f? 1 / " S in? + If r 1? t`' t I 1 1 '? A i ? f t _? A d? u ( I- KQ'•w ' ? ? ' I ? S, f to 1°! j ? I? I (( - ? I ? I t t 4 ,? f t 0 0 0 0 o N a N O O o 0 0 0 0 0 o a O V1 O C O G O m a v u v G Y y O _V O T r C Y T y M n • K K VI Y W pp V p li V O O O N O O O p O O O O U O O O O „ ? ? ? V U LL 4 ? M W N Y C Y M Y T O N O O i a E E . y Y O N ? U U U V Y V U U U j ,j - j .J J S N N Y ` b M N N N M f Q w I ^ ry d ? N M d N ? 6 Z Y Y Y 1C E S ??; ?'f?? ( , T+A?F"5L'}'4'ti"k '1 [I Y7i Y1) '.?k1WN1 ?.tl 1 '? 0.YtR 1 ???'YpA A :T' NNnxl'?i 1. Nd4Sk'?'i. ar?IM dvT?1 p r It 1?4 C 11 I. 1 ?? I I r ;1 M '+ ? ? 2yy?1?? ??? M1c ? ors ? `, t! ? ? oP a 7 .The above standards were used to establish project eligibility. It Is hoped this provides an understanding regarding given projects. If you have any questions, please call Rod Mack, Shorelands Division Supervisor, at (206) 459-6320. GHF:kb Sincerely, j..rs P. Glen H. Fiedler Deputy Director 34 _ r ? r. • 1I ?r } k,l 11 tr r. Jko. f JOHN SPELLM-4N' ?•L+;" t DONALD.W. MOOS Governor Meaor " STATE OF WASHINGTON y DEPARTMENT OF ECOLOGY + Marl Stop PV•77 . Olympia, Washington 98504 . (06) 459.000 ? i January 14, 1985, Lc.u rt3? F. • Chairman Board of Whitman County Commissioners" 1 iSBa >+ 404 North Main Street J t W Colfax, WA 99111 !rW °. S?tV CC?aiAd"t UrIVEcfdS C lzr i Dear Commissioner: ? -, Thank you for your recent submittal of an application for financial assistance i - ` a through the Department of Ecology's flood control maintenance project account. We received significantly more projects than we were able to fund. I regret to E inform you that the project application from your county was not selected for funding from the Flood•Control Assistance Account. ' All projects were reviewed and evaluated by an ad hoc committee which was s ae r established to make recommendations to the department. The committee included r one county council-person, two county public works directors, the director of the County Rood Administration Board and three of my WDOE staff. The committee determined requirements for project eligibility based on the standards and criteria from the enabling legislation (Chapter 86.26 RCW) and the program emergency regulations. Interpretations of these requirements resulted in the following decisions: a) The projects must include maintenance work on flood control facilities. Construction of new facilities will not be eligible. ; b) Projects Involving culvert replacement or work related to street/hIghway maintenance would receive lower priority than regular flood control maintenance work. c) Gravel removal to Increase channel capacity is eligible work. d) Raising levees to Increase channel capacity is ineligible new construc- tion, but levees may be repaired or restored. e) Work on settling basins Is eligible If the basin Is used to prevent soil, gravel and debris from settling and plugging downstream facilities. Work on basins which are used solely for storing flood water Is Ineligible. f) All projects will require 50 percent local funding contribution for con- struction work. g) No funding of emergency work projects will be recommended at this time. L Th'S 1??..??r wci g also Sens. ,b `F-h? ?oll?w?n9 Cou,?.f?PJ f?? fs4p Gra..?5 hlor6cvt lit r -- JOHN SPELLMAN ? Governor ° - STATE OF WASHINGTON ' DEPARTMENT OF ECOLOGY Mail Stop PV-77 • Olympia, Washington 98504 • (?q) 459{0 January 22, 1985 MEMORANDUM TO: WDOE FCAAP Project Review Committee FROM: Rod Mack, Shorelands Division Supervisor SUBJECT: January 4, 1985 Committee Meeting The committee met at WDOE headquarters at 9:00 A.M. In attendance were myself, committee members Ernie Geissl-r, Brian Shelton, Jerry Weed, Ed Hammersmith, Don Beery and Jerry Louthain. Phyllis v Erickson was unable to attend. Karen Beatty and Tim D'Acci of my staff also attended and recorded the proceedings. The committee agreed initially to determine which projects were ineligible, then rated the remaining eligible projects to deter- s mine, on a county-by-county basis, approximately which projects should receive funding. It was agreed that projects involving culvert replacements or other work related to county road main- tenance would receive a lower priority than directly flood-related projects. There was much related discussion concerning the need r to distinguish between ineligible new construction, and maintenance and restoration activities which are li ibl e g e. Another distinc- tion was made regarding the eligibility of work on facilities for storing floodwaters. Whereas maintenance on facilities which are used solely for the storage of floodwaters is not eligible for funding, FCAAP funds may be used for work on settling basins which are designed to settle out gravel, soil and debris to prevent down- stream channel capacity from being reduced. The committee agreed that gravel removal to increase channel capacity was an eligible activity, whereas the raising of levees to increase channel capacity is ineligible new construction. It was noted that existing levees . may be repaired or restored. b. RM:m tfY + 11r? t K " ?. w f t M1 _ r ? i ? t r r ry { ,? 1bHN SPEWdAN .. Governor STATE OF WASHINCfON DEPARTMENT OF ECOLOGY Mail Stop PV-17 • Olympia, Washington 98504 a (206) 459-6000 M E M O R A N D U M November 26, 1984 /i3/1f5r .. DONALD W.. MOOS Directdr TO: Rod Mack FROM: Ed Hammersmith' SUBJECT: Tentative Time Schedule For Finalizing FCAAP Permanent Regulations The following schedule was reviewed and endorsed by the WSACE Ad Hoc Flood Control Committee at their 'Wednesday, November 21 meeting. I'll pursue arrange- meets for the program information meetings, Code Reviser filings, and the hearings and adoption. (ERs - Emergency Regulations; PRs - Permanent Regulations) Thu. 10/18/84 ERs adopted w/Code Reviser Wed. 10/24/84 Info. package w/RCW,'ER-WAC and application form mailed to approx. 570 potential applicants. Copy to Vern 'Wagar and WSACE PC Committee. Thu. 10/25/84 Plans for finalizing the PRs (these changed as shown below) Continued Review of ERs (finalization of PRs) by WSACE Committee (Bi-weekly meetings, i.e., 11/7, 11/21, etc.) till 4/11/85 +Tue. 118185 Program Information Meeting (E. Wash.) i Thu 1110185 Program Information Meeting (W. Wash.) Thu. 1117185 ER Refiled with Code Reviser - no change Fri. 1/18/85 Expiration of first ER Wed. 4/17/85 PR filed with Code Reviser. Expiration of 2nd ER, ER re-filed (Effective until 7117185) s',;;I4 Wed. 51105. Register distribution date - Count 20 days hence. Tue. 5/21/85 HEARING - EFSEC Rm., 7-10 PM (1st Agency Action Date) Thu.' 5123185 'HEARING - WDOE CRO, Yakima, 7-10 PM ke F r Tue. 5128185 ADOPTION PROCEEDINGS - WDOE HQ. Fri. 6/28/85 Effective Date of PRs. EH:kb a 4;5 cc: Jerry'Louthain, WDOE Operations ? Vern Wagar, Lewis Co..PW Director sn :. ?._._ ? _ __. __ _ ?__._ „lam ?. .. ...._ l .9_!'y _?..{_ „j. _.n ?.d[?2i•?_ 2YY1Y_,v3ve?iun? 71 a S L -2- The plan should probably begin with an inventory (by drainage basin or coastal reach) of the problems and needs and identifying the solutions for the problems This could be done conjuntively with addressing the above measures. The plan should identify the action which has been taken to address the measures, such as the flood regulation ordinance, the ordinance or regulation which identifies drainage requirements for development, or a description of the flood warning system. Many elements of the plan have been addressed by studies either completed or underway. These study reports could be included in the plan along with the verification of the implementation. V,Tp rt y ?. 1 ?lr A`7r s '7uu?? >?k ?°""4n -- a klfla?r'1p'?' WN{'p'4?G6xf'E'3+l'-?1rfJifhhllK f i?+l d ?i6 3??w`? a S ?, <n i k h 4 4 ?i r r,. l ? T - ry i 9 i' ? ?: ? u? t Rte;'... ° 1 , v ' f . -VV ry m ?? CIS ? H SHD 1531 Program m ; t DRAFT H2 . w. ' m COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN (CFCMP) The CFCMP for Washington's Counties should be based on meeting primary objectives which include means and measures to reduce flood damages and protect lives and property. Consideration should be given to the following: 1) Structural or Corrective Measures which will primarily reduce damages to existing building and development, or the correction of existing flood problems, such as: z dams and reservoirs ' levees and flood walls channel improvements and diversions M= drainage system improvements retention and detention watershed treatment flood proofing building removal building elevation stream maintenance 2) Non Structural or Preventive Measures which are directed toward the prevention of future damages to currently undeveloped lands, such as: flood plain development regulations land acquisition and easements v, stormwater management/drainage erosion sediment control stream maintenance =- property taxing and assessment policies public information restricting extension of public services ' flood insurance l(? 3) Emergency Preparedness Measures which are directed toward relieving ,y. P j the impact of the flood with the following services performed during and after the flood: flood insurance r Ir t sa r ,# disaster assistance programs ation d h iti fl d ? oo azar m g a?a gat4 flood assessing and public information systems , n yy k4?4u evacuation/rescue public health/safety maintenance flood fighting and sand bagging 54 oy, Y f Y ? M?? r OTS-2083:2 Y7 t. with the state budget accounting and reporting system i (BARS) or t r _ F prov ded by the current FEHA rental rate structure. ra es k f 7 ) t= 1: ti 4 iY ? 1>1 i ?'i4 L •. ?.? vunwjrC'?i ( S !?', FN L ?' f (?,frR U ?I !!LL4p4p*((' 1 }l 4 , ,f?t s i a 4 i r ?Cf . No r T `r ri ?f. NEW SECTION WAC 173-145-110 MULTI-YEAR PROJECTS. Approval for eligibility by WDOE will only be required once for a project which continues more t than one biennium, but funding after the first biennium is subject to ? further FCAAP appropriation by the legislature. NEE-SECTION WAC 173-145-120 WORK STANDARDS FOR ALL FCAAP PROJECTS. All work which is funded from the flood control assistance account shall con- corm to the standards and specifications of the U.S. Army Corps of r".ngineers, the U.S. Department of Agriculture Soil Conservation Serv- ice or the county engineer. FEW SsCTIO, WAC 173-145-130 PROJECT CONSTRUCTICN MONITORING. Following are the responsibilities and criteria for project construction monitoring and final approval. (1) County engineer responsibilities. Associated with responsi- bility for project plan approval and supervision of the project work, the county engineer shall provide inspection to assure that all rroject work is conducted and completed according to the construction plans and specifications. (2) WDOE responsihilitie.s. The department of ecology shall moni- „ for and inspect the project work as necessary to assure compliance with the terms of the appropriate written agreement. s (3) rival inspection and approval. Upon completion of the work, ? 3 cinal detailed inspection shall be made by the county engineer along with representatives from WDOE and the applicant. Fesults of the final inspection shall be displayed in a written report and, when , appropriate, on "as built" construction plans. These shall be submit- te3 to no: within thirty days after the final project inspection. i' NEW SECTTCN .. .,.,.?k,. WAC 173-145-140 WRITTEN Ar,REEMENTS. Written agreements will be prepared by WDOE as a means to reimburse eligible municipal corpora- tions for work done on approved eligible projects. The dollar amount specified in the written agreements shall not exceed the estimated cost(s) of the project(s) as displayed on the project application(s). Billing and payment shall comply with the WDOE standard requirements for grants and contracts. 3?C:'IO`i WAC 173-145-150 FQUIPMENT RENTAL. For noncontractual work, the e^uipmcnt rental rates for applicant owned or rented equipment used on tie project work shall not exceed the rates determinod in accordance ( 6 t ? e I r l ) 'f C Y (ii /? ? ? ? ? ? ,k ? t11 22rr ,1 yy?!! NFI: SECTION NAC 173-145-080 PRTORITY OF FCAA? PROJECTS. The priority given to projects by WDOR, the counties, and other eligible municipal cor- porations shall involve consideration of the following criteria: (1) The public benefits from the project shall be commensurate with the amount of FCAAP funds granted for the project. Nigher prior- ities will be given to those projects which display greater public benefits as they relate to the project cost. (2) The priority given to the projects by WDOE shall consider the priority which-has already been established by each county. NRn' SECTION Y? RAC 173-145-090 FLOOD CONTROL ASSISTANCE ACCOUNT CONTRIBUTIONS AND PROJECT MATCN REQUIREMENTS. The following criteria shall be used 7 regarding the FCAAP funding for all projects: (1) The amount of FCAAP contributions for any project shall not i exceed fifty percent of the total project construction cost. (2) The total FCAAP contribution for all nonemergency projects in any county shall not exceed $500,000 per biennium. (3) 33.4 million per biennium will be obligated on a priority basis for nonemergency projects. (4) Up to $500,000 per biennium will be funded on a priority basis by WDOE when determined that unused emergency funds are avail- able for nonemergency projects. (5) Up to 3100,000 per biennium may be used for WDOE administra- tive costs. NEF SECTT.ON RAC 173-145-100 EMERGENCY FUND ADMINISTRATION. The following criteria shall be the basis of allocating the emergency fund moneys: (1) Appropriations from the FCAAP fund for emergency' projects will require the declaration of an emergency by the appropriate local authority. (2) Application for emergency funds must be made on the same form used for nonemergency fund applications. (3) Payment of FCAAP funds for emergency projects will he based on project construction costs. Flood fighting costs may be included. (4) Payment from the emergency fund shall be allocated on a first-cpme first-serve basis and shall not be based on any priority system. (5) 7mergency project grants sha-11 be approved by the director of the :department of ecology. (6i) The maximuc amount of money allocated for emergency projects shall be 3500,000 per hiennium. (7) At the discretion of RDOF., emergency funds may he made avail- able for use on nonemergency projects when future emergencies are iaprobable. (8) The maximum amount initially available for any one county is ?1S0,000 per biennium. If the total 3500,000 is not used by other counties, and emergency work exceeds $150,000 in a county, the county can request additional emergency funds. (9) The flood control assistance account contribution shall not exceed ei)hty percent of the eligible project cost of an emergency project. 151 z 2003 2 F fT f: (2) c rtify through the star' d partment o'f euergEncp ?'ma`na`?ecnei t ? that _ the local eioerg.ncy manage _ organ :.za,fion: rs adm1 nisterinq ian• acceptable plan. x (3) Restricting tand!uses,wittiin the meander.belt`or f1A4dNay,';of riv ' ers to only flood compatible uses. t _8_SECTL!JN _. _ ?` WAC 7 1 3-145-060 FCAAP PROJECT APPLICATION PROCESS. The project application process for the eligible ,6unicipaI corporations' a lica-' pp lions shall include the following; in the general sequence given. (1) The applicant shall, prepare the project application to comply with the e i i ;r v s ons of chanter 86.26 RCW and this chapter. The appli- cation shall he made n f f o orm a urnished by WDOE. A complete applica- tion shall include the following: E (3) A written description and cost estimate of the project; (b) A vicinity map and sketch to identify water body names , stream river mile, section-township-range; (c) A general plan drawing of the project on an 118 1/2 x' 11" or 113 1/2 x 14" sheet; and an 1 (d) A description of the project benefits which describe how the project will mitigate flood damages and describe development which exists on adjacent and nearby lands which are protected by the facility. (2) The applicant shall review the preliminary project proposal with the county engineer and the Washington departments of fisheries or game. 3 1 (3) The applicant shall submit a prioritized list of -project a licati , 6: pp ons to the county engineer. (4) The county engineer shall submit a prioritized list of all project applications within the county to WDOT. (`.) The county engineer shall furnish evidence to WOOE th t h a e t comprehensive flood control management plan described in WAC 173-145- 040 i s completed or underway and the floodplain management activities e d scribed in WAC 173-145-050 are being implemented. g WAC 173-145-070 FCAAP PROJECT 1?PROVAL PROCESS. The project -Approval process for the eligible municipal corporations' applications x?.d1 0} shall include the following in the general sequence given. ( y? t (1) WDOS will review all projects for compliance with the re uirement )' } t q s pursuant to this chapter and chapter 86,26 RCW. Yr . (2) WDOE shall consult with the-departments of fisheries and game regarding the list of projects. (3) WDO E wilt incor orate th i i i d - p e pr or t ze list of eligible pro jects i t i n o ts biennial budget for funding. { A' (4) WDOR shall prepare and finalize the written agreements with the counties. (5) The counties shall prepare and finalize the written agree- oer,ts with the involved eligible municipal corporations within the ^rcn county. r (6) ^ha construction plans and specifications shall he prepared ° by the applicant for approval by the county engineer prior to submis- sion to WDOE f v or review of cacti project for compliance with all requirements. ti ' rol (7) The applicant shall ac;nice the necessary fodecal,.state and a 1 t , local permits along with any other permission requirad to complete the project _ ! r$t . 4 j s , rat, ?,?r 55 , •'?! ? „" ' .•' ' ' i ry • G ?, ? r '?'..jJ?f ,, .r I.J ? r ?`. ?. ?lY.'M1d?1". k. -?;T .. ., .1..1 1 .4 yd., i`"1,r „f? ?L Yl : ,. , a?pptt x"91 + M ' i a i?r j,4 OTS-2083:2 i 1F.W SECTION 4 ?. N\L 173-145-040 COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN. The county engineer of the 1 county within which the maintenance project is located must certify that th l k;? e p an has been completed and adopted by the appropriate local authority or is being prepared. The compre- he i r.s ve plan must be completed and adopted within three years of the d t s a e that it is certified as being prepared. The appropriate local authority may require the a licant t f pp o ully or partially fund the preparation of the CFC!9P. The plan must include: (1) Determination of the need for flood control work -? . (a) Description of the watershed } ° ' . (b) Identification of types of watershed -flood problems. (c) Location and identification of specific problem areas . (d) Description of flood damage history. (e) Description of potential flood damages. (f) Short-term and long-term goals and objectives for the lan- p ning area. (2) Alternative flood control work. (a) Description of potential measures of instream flood control work. (b) Description of alternatives to instream flood control work . (3) Identification and consideration of potential impacts of ir,ztream flood control work h 1 on t e following instream uses and resources . (a) Fish resources. (L) Wildlife resources (c) Scenic, aesthetic, and historic resources . (d) Navigation. (e) 'dater quality. ` ( .) Hydrology. r (q) Existing recreation. _ (h) Other. ,' i (4) Area of coverage for the comprehensive plan shall include as , a minimum, the area of the one-hundred year frequency flood plain withi n a reach of the watershed of sufficient length to ensure that a comprehensive evaluation can be made of the flood bl Ti pro ems for a spe- cific reach of the watershed. The plan may or may not include an entire watershed. Comprehensive plans shall also include flood hazard 4 c` areas not subject to riverine flooding such as areas subject to coastal flooding, flash flooding, or flooding from inadequate drain- ` F :he planning area definition shall also include the regulatory il d oo way as described in the appropriate flood insurance study report. (5) C l i ? N onc us on and proposed solution(s). The CFC'9P shall be fin- alize3 by the following action from th j e appropriate local authority: (a) Evaluation of problema and needs; Y+ ? ? (b) Evaluation of alternative solutions; ) ?? LL (c) 4=commended corrective action(s); and 1?.o (i) Corrective action priority. E?* !: 11-W -iICi7QV inC 173-145-050 FLOODPLAIN MAPlAGENENT ACTIVITIES. To he eligi- ble for FCAAP funding, the appropriate local authorities within uhoso jurisdiction the iaintenanco projects are located, must he engaging in floolplain management activities which will protect or prevent flood da-zages from occurring to future structures, works, and improvements vit%in their jurisdiction. The department of ecology shall find that they are: (1) participating in the national flood insurance program (NFIP) ar.3 meeting, all of the NFI? re.inirements. [ 3 ) 9AK rr I ?r .? a ?,' a? `^?'?L4NFkpndlk(o-4'('$?'Y' ? P`,?i i9 Fdii p?A'# ' er (7) "Emergency project'' is flood control work as authorized and a?provec• ';y WDOF which must he done immediately to protect lives and property. (R) "Flood compatible land uses" those uses of the land within the riveris meanler belt or floodway which ccmpiy with the minimum state, faderal, and local flood plain management regulation requirements. (g) "Flood control responsibility" is any statutory responsibil- ity which includes or is directly related to controlling flood waters, prevention of flood damages, cr the protection of life and property from flooi damages. (10) "Floodplain management activities" are activities as defined in WAC 173-145-050 to be performed by local governments through ordi- nances or other means to reduce the damaging effects of flooding. (11) "Maintenance project" is the work necessary to preserve or restore the natural condition or to restore man-male flood control facilities to their former condition using in-kind replacement materi- ais -or acceptable alternatives. This work is necessary due to damage or destruction from flooding by action of erosion, stream flow, sheet runoff, or other damages by the sea or other holies of water. (12) ",ieandar te1t or floodway" is that portion of the flool- plain, for streams which have meandered over recant times, that can be identified by observation or from aerial photos as the area between the right and left side of the extreme meanders. This shall include the present stream channel. Consideration shall be given to soil and vegetation patterns in determination of the meander belt or floodway. (13) I'Re3ulatory floodwayl' means the charnel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base (one hundred year frequency) flood without cumu- latively increasing the water surface elevatior sore than a designated height. SEW S3CTION WAC 173-145-030 ?LIGI?ILTTY CF.ITEPIA FOG FCA.1p FUNDS. The fol- lowing criteria *d ill he used to determine eli,iibility of an FCAA? project application. (1) The applicant must he an eligible municipal corporation. (2) public benefit shall be indicated. It shall be clearly dem- on.strate; that the projects shall display a general public and state interest as differentiated from a private interest and they shall bring aboat public benefits commensurate with FCAA? funds provided. (3) .1 comnrehonsive flood control management, plan as described in RAC 173-145-040 must, be adopted by the appropriate local authority with flood control jurisdiction over the area where the proposed project in locate:). (4) The annropriate local authority within whose jurisdiction the maintenance projects are located shall be engaging in those certain floodplain management activities as described in WAC 173-145-050. FCAaP(5fundsgshall?submitAitseannualebudgetcfor municipal corporation pcontrol purposes to the county engineer within thirty calendar d.ay; after its fir.aI adoption. The budget report for eligible municipal corporations and for the county shall be submitted to WDOE by the county engineer not later than February 15 of every year. [ 2 J 41 ?Q ItVi lilt r rk ?p OTS-2083;2 Chapter 173-145 WAC AD.'IINISTRATION OF THE FLOOD CONTROL ASSISTANCE ACCOUNT. PROGRAM WAC 173-145-010 Authority and purpose. 173-145-020 Definitions. 173-145-030 eligibility criteria for FCAAP funds. 173-145-040 Comprehensive flood control management plan, u1 1"+3-145-050 Floodplain management activities. a 173-145-050 FCAAP project application process. rs 173-145-070 FCAAP project approval process. 173-145-080 Priority of FCAAP projects. 173-145-090 Flood control assistance account contributions and project match requirements. 173-145-100 Emergency fund administration. 173-145-110 Multi-year projects. 173-145-120 Work standards for all FCAAP projects. 173-145-130 ?roject construction monitoring. 173-1u5-140 Written agreements. 173-145-150 "quipment rental. RAC 173-145 -010 AUTHORITY AND PURPOSE. Chapter 212, Laws of 1994, Geqular Ses sion, amended chapter 86.26 RCW, state participation in `_1oo3 contro l maintenance (the Act) ; RC8 86.26.010 and 86.16.170 provi3.3 that the Washington department of ecology (WDOE) shall admin- ister in,! enforce the flood control assistance account program (FCAAP) ?r established by the Act. This chapter describes the manner in which n WDOE u3.11 impleme nt the provisions of the Act. RAC 173-145-020 DEFINITIONS. For the purposes of this chapter and sahs•3guent regulations formulated for floodplair. management pro- 4:aTs in :ashington, the following definitions shall be used: (1) 'IAppiicantIl is an eligible municipal corporation, seeking matchirr.; funds for flood control maintenance work. (7) "Appropriate local authority" is a county, city, or town hav- ing planning and land use jurisdiction within the area covered by the CFC.",? (3) "Comprehensive flood contvo L management plan (CFCNP)" is a document which provides a means of planning for and evaluating the im^3cts of specific project activities within a river basin, subbasin, or othe.r area to ensure that work done on specific projects is compat- ible with the goals ant objectives for the area covered by the plan, as describes in WAC 173-145-040. (?;) -lCoun.ty engineer" is the appointed public works director, county engineer, or the 'person designated to act for the county en:;inoor. (9) "EligihL3 municipal corporation" includes but is not limited to cnun.ties, cities, towns, conservation districts, and any special districts which have flood control responsibilities. (E•) "Emergency fund" is that portion of the biennial appropeia- tipn :111oc.1ted to the flood control assistance account which is set -aide far emergency projects. 1 1 1 . ANDREA BIATTY RINIKEN Director „a nr+n ?t - ' s ao / ./J- ?, D .r •r' L f?)$J? - STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ,Mail Stop PV-77 e Olympia, Washington 98514-5711 . (206) 459-6000 May 10, 1985 Mr. Brian Shelton Jefferson Co. Public Works Director 1820 Jefferson Street Port Townsend, WA 98368 •? rt Dear Mr. Shel?t.eS: ??'`?" / - / Enclosed is a copy of the permanent regulations for the Flood Control ,•?rfg ?,. Assistance Account Program, Chapter 173-145 WAC, which was filed with the Code Reviser on May 1, 1985. You can see these regulations are nearly identical to the final results of our last review meeting. The time schedule for hearings and adoption is as follows: Tuesday 6-4-85 (7:00 p.m.) HEARING Energy Facility Site Evaluation Council Conference Room Rowesix Lacey, WA Tuesday 6-11-85 (7:00 p.m.) HEARING Cascade Natural Gas Co. Auditorium _ 614 N. Mission St. Wenatchee, WA Tuesday 6-18-85 (2:00 p.m.) ADOPTION PROCEEDINGS Department of Ecology Headquarters _ Rm. 273 ' Lacey, WA Thursday 7-18-85 Effective date of regulation Thanks again for the effort you devoted to these regulations and please call me at (206) 459-6793 if you have any questions. Sincerely, Edwar C. Hammersmith, P.E. Shorelands Division (.4Y Enclosure cc: Jerry Louthain Joe Williams u, (xis ri i y _ v A rs _ x d { t 11 1 Y! 1 ?yi ? 1 ? 1 r Yv 5 J 4 ? ,?}1 ? ???? , ? 1,' ? L 1 Lra ' - M r 1 •. J ?.k?' M? tl.?lY'icElt .na.N ?x".v ._.JC.?vrcL? ' .yfa ? vr?! , ._ . ..?..., YsTd'r ', 1 :`ul JEFF ER SON COUNTY PAGE B( r? 1/01/85 1985 EXPENDITURE gs 13350 COUNTY'RON1D8 ARTERIAL 136 000 010 COUNTY ROADS l e? 49 MISCELLANEOUS !00.00 Hf 546.00 40 TOTAL OTHER SERVICES 8 CHARGES 283,000.00 .0 ti 546.00 TOTAL COUNTY ROADS ARTERIAL 546,790 0 ` 542.00 COUNTY ROADS ACCESS GULAR TIME 2180800.00 r S ... ? 542.00 SO RE 65,640.00 S 542.00 20 PERSONNEL BENEFITS m • 542.00 30 31 SUPPLIES OPERATING SUPPLIES 1390250.00 542.00 30 TOTAL SUPPLIES 1391250.00 d 542.00 41 PROFESSIONAL SERVICES 4,000.00 3,900.00 & . 4 42 COMMUNICATIONS 500. 00 L 43 45 TRANSPORTATION OPERATING RENTS 6 LEASES 290,700.00 ; 542.00 40 TOTAL PROFESSIONAL SERVICES 299,100.00 790 00 722 i 542.00 TOTAL COUNTY ROADS ACCESS . , r IN r.R 543.00 00 10 543 COUNTY ROADS GEN ADM REGULAR TIME 183,500.00 . 00 20 543 PE O NdEL BENEFITS 55,650.00 0 ?J . 543.00 30 SUPPLIES 20,000'00 a + k" 31 OPERATING SUPPLIES SUPPLIES 20,000.00 S 9: 543.00 30 TOTAL 4 5'43.00 40 OTHER SERVICES 6 CHARGES 15,000.00 41 PROFESSIONAL SERVICES 9,800.00 42 comet NICATIONS 30500.00 43 45 TRANSPORTATION OPERATING RENTS & LEASES 630600.00 ' 47 PUBLIC UTILITIES SERVICE 1,300.00 w 48 REPAIRS AND MAINTENANCE 1,100.00 50300.00 49 00 40 543 M28CELLAMEOUS TOTAL OTHER SERVICES b CHARGES 95,600.00 a . f = 543.00 64 MACHINERY AND EQUIPMENT ' 2,000.00 3580750.00 is 543.00 ROADS GEN ADMIN TOTAL COLRTY 2 r 1 r 544.00 COUNTY ROADS STATIONS b SLOGS 544.00 40 OTHER SERVICES b CHARGES 54,000.00 45 OPERATING RENTS b LEASES 544.00 40 TOTAL OTHER SERVICES b CHARGES 540000.00 544.00 TOTAL COUNTY ROADS STATIONS 6 BLDOS 54,000.00 3138 650.00 @ ti k. 540 TOTAL COUNTY ROADS CONSTRUCTION # TOTAL 31680100.00 b4Po a TOTAL EXPENDITURES COUNTY ROADS ,100.00 3168 1 f-j - J E F F E R S O N C 0 U N T Y PAGE S1 1/01/85 1985 EXPENDITURE $ 13300 COUNTY ROAM 136.000 010 COLWTY ROADS a r 4 500.00 COUNTY ROADS t'• ' 519.00 COUNTY ROAD-REIMBURSEABLE . tv - 519.00 10 5 REGULAR TIME ' 10.800.00 g Lek ' J ?z 19.00 20 PERSONNEL BENEFITS 3.150.00 ? ' 819.00 30 SUPPLIES 31 OPERATING SUPPLIES S#000.00 519.00 30 TOTAL SUPPLIES 50000.00 519.00 40 OTHER SERVICES 6 CHARGES p 45 OPERATING RENTS b LEASES 10.800.00 519.00 40 TOTAL OTHER SERVICES d. CHARGES 10.800.00 519.00 TOTAL COUNTY ROAD-REIMHURSEABLE 29#450.00 Y 541.00 COUNTY ROADS CONSTRUCTION „a 541.00 10 REGULAR TIME 117#650.00 541.00 20 PERSONNEL BENEFITS 35#295.00 541.00 30 SUPPLIES 31 OPERATING SUPPLIES 28#500.00 ?a 541.00 30 TOTAL SUPPLIES 28#500.00 pq 541.00 40 OTHER SERVICES b CHARGES 41 44 PROFESSIONAL SERVICES ADVERTISING 3r000.00 ,u. 45 OPERATING RENTS L 300.00 ! ? r J' b EASES 410700.00 49 MISCELLANEOUS 75.00 D r ?, q l pi 541.00 40 TOTAL OTHER SERVICES & CHARGES 440875.00 sd , ? 541.00 61 LAND 15 0 000.00 ' 65 CONSTRUCTION PROJECTS 9150000.00 t 541.00 60 TOTAL LAND 930#000.00 A 541.00 TOTAL COUNTY ROADS CONSTRIICTICIN 11560320.00 ,Q9: p a 346.00 COUNTY ROADS ARTERIAL Hq d y 346.00 10 REGULAR TIME 2930300.00 546.00 20 PERSONNEL BENEFITS 87#990.00 t ? 546.00 30 31 SUPPLIEB OPERATING SUPPLIES 182#500.00 A ' 546.00 30 TOTAL SUPPLIES 182#500.00 546.00 40 OTHER SERVICES 6 CHARGES 41 PROFESSIONAL SERVICES 2#000.00 t 42 CO M UNICATIONS 60500.00 43 TRANSPORTATION 10000.00 y a 45 47 OPERATING RENTS 6 LEASES PUBLIC UTILITIES SERVICE 266#900.00 p s: , Ali z 60500.00 y y ? 4 f 0MM; r ? i t 1 J T ' yv.y r JEFFERSON COUNTY PAGE 79 5 1/01/85 r> 1985 REVENUE ev n 13300 COUNTY RCkfM 136 OW 010 COUNTY-ROADS 300.00 COUNTY ROADS 308.00 EST BEGINNING UNRESERVED FUND BALANCE 300 TOTAL COUNTY ROADS b 311.10 REAL & PERSONAL. PROPERTY TAX 578.500.00 312.10 PRIVATE HARVEST TAXES 38#000.00 ?.' € 318.20 LEASEHOLD EXCISE TAXES 4#000.00. 310 TOTAL REAL & PERSONAL PROPERTY TAX 620#500.00 a cb 322.40 10 OVERLOAD PERMITS 500.00 y 322.40 20 ROAD APPROACH PERMITS 750.00 322.40 30 UTILITIES PERMITS 300,00 320 TOTAL OVERLOAD PERMITS 1#550.00 ?. 332.10 60 FEDERAL FOREST YIELD. 963#000.00 333.03 61 FEDERAL GRANTS INDIRECT 115#000.00 334.02 31 DNR GRANT 400#000.04 a? 334.03 71 RURAL ARTERIAL FUNDS 250#000.00 335.00 82 MV OVERLOAD FINES 335.02 32 ST FOREST BOARD (RENTALS 6 LEASES) 600.00 336.00 89 MV FUEL TAX (COUNTY ROADS) 650#000.00 338.42 ROAD MAINTENANCE SERVICES x 29P450.00 ?! r s 330 TOTAL. FEDERAL FOREST YIELD. 2410#050.00 341.50 SALE OF MAPS & PRINTS 1#000.00 361.11 INVESTMENT INTEREST 25#000.00 =t. c 366.10 INTERFUND LOAN INTEREST 21#500.00 sra 360 TOTAL INVESTMENT INTEREST 46#500.00 _ ?. 381.20 LOAN REPAYMENT RECEIVED 59#Spp.pp 395.10 TIMBER SALES 30#000600 TOTAL 3168#100.00 ° TOTAL REVENUES COUNTY ROADS 3168#100#00 rs r tr• 1 s 1 t ? 'Mc??t ? 1 ; T n JyP ,? ' ?r tlti r ?? X L 1 s- ?F?1nt a t ? ` WNW TRW,') r " Nll? r n)?? `q All L + t t \t i p,_ry 1 4e 1 ti 16 4 v Jefferson County Department of Public Works I JEFFERSON COUNTY COURTHOUSE ' NATIONAL HISTORIC SITE PORT TOWNSEND. WASHINGTON June 28, 1985 Mr. D. Rodney Mack, Supervisor t Department of Ecology Shorelunds Division Mail Stop PV-II Olyrnpio, WA. 98504 COURTHOUSE PORT TOWNSEND, WASHINGTON 98368 TEL. (206)385-3505 BRIAN L SHELTON. DIRECTOR Re: Budget reports for F.C.A.P. eligible projects Dear Mr. Muck: a Enclosed is a copy of Jefferson County Public Works' 1985 i Budget, and a copy of the City of Port Townsend's 1985 Budget for Construction Projects. ' There is no "Line Itern" for flood control in either budget, however funds for flood control projects are included in the Maintenance and Constructiun portions of the county budget, and the Construction portion of the city budget. If you need any further information, do not hesitate to con- tact me. Sincerely, Bruce Laurie, Construction Engineer Enclosure, cc: City of Port Townsend Public Works FCAA file ?° 7 7 12" t<. °+ to a ?,° r ? I4 T r f T I I I h r ? y y I 1 f a.{I I .. ? Ilr [7l l ?JA, NEW SECTION WAC 173-145-120 WORK STANDARDS FOR ALL FCAAP PROJECTS. All work which is funded from the flood control assistance account shall con- 'to the standards and specifications of the U.S. Army Corps of Engineers, the U.S. Department of Agriculture Soil Conservation Serv- ice`or the county engineer. NEWS SECTi O`i WAC 173-145-130 PROJECT CONSTRUCTICN MONITORT_NG. Following are the responsibilities and criteria for project construction monitoring and final approval. (1) County engineer responsibilities. Associated with responsi- bility for project plan approval and supervision of the project work, the county engineer shall provide inspection to assure that all rroject work is conducted and completed according to the construction plans and specifications. (2) '"dJOE responsihilitie.s. The department of ecology shall moni- tor and inspect the project work as necessary to assure compliance with the terms of the appropriate written agreement. (3) Final inspection and approval. Upon completion of the work, a 'inal detailed inspection shall be made by the county engineer "along with representatives from WDOE and the applicant. Results of the _ina1 i nspection shall be, displayed in a written report and, when 77 Appropriate, on "as built" construction plans. These shall be submit- tel to WDOE within thirty days after the final project inspection. E, SECTICN XAC 173-145-140 WRITTEN ArREEMENTS. Written agreements will be prepared by WDOE as a means to reimburse eligible municipal corpora- tions for work done on approved eligible projects. The dollar amount specified in the written agreements shall not ,xceed the estimated cost(s) of the project(s) as displayed on the project application(s). Billing and payment shall comply with the WDOF, standard requirements for grants and contracts. S?C_IO11 SAC 173-145-150 FQUIPMENT RENTAL. For noncontractual work, the e-:uipmcnt rental rates for applicant owned or rented equipment used on t`e project work, shall not exceed the rates determined in accordance C 6 7 1 r ? ? ? ? ? na".? ? .,p «?yv"°'2ti Firer y?+?`? "k4w?'arew ,x.y+ v?yes?.m M}'N3 ? ?? rJ 'AY7li. ri' 4. i ? ? 1 it dt NG' ? `a ? . r + 1 V ?? ?t k - _ WAC 173-145-0d0 PR70RITY OF ICAA? PROJECTS. The priority given to projects by 9DOR, the counties, and other eligible municipal cor- porations shall involve consideration f th a? o e following criteria: (1) The public benefits from the project shall be com mensurate with the amount of FCAAP funds granted for the project. Nigher prior- ' ities will be aivea to those projects which display greater public benefit s as they relate to the project cost. (2) The priority given to the projects by lDOE shall consider the priority which has already been establi h d b s e y each county. x ti4n_SSCTIO?: ^ HAC 173-145-090 FLOOD CONTROL ASSISTANCE ACCOUNT CONTRIBUTIONS AND PROJECT MATCH SC r ,gUIREMENTS. The following criteria shall be used regardin the FCA h<. g AP funding for all projects. t (1) The amount of FCAAP contributions for any project shall not exceed fifty percent of the total project construction cost ' . (2) the total FCAAP contribution for all nonemergency projects in any county shall not exceed $500,000 per biennium. (3) 33.4 million per biennium will be obligated on a priority basis for ' nonemergency projects. (u) Up to $500,000 per biennium will be funded on a priority basis by WDOE when determined that unused emergency funds are avail- able for n onemergency projects. (G) O to £100 p ,000 per biennium may be used for WDOE administra- ro tive costs. WAC 173-145-100 EMERGENCY FUND ADMINISTRATION. The following criteria shall be the basis of allocating the emergency fund moneys: will (requireotheadeclarationtof an emergency projects authority. 9 y by Y the ppropriate local (2) Application for emergency funds must be made on the same form used for nonemergency fund applications. (3) ?ayment of FCAAP funds for emergency projects will be based on project construction costs. Flood fighting costs may be included. (4) ?ayment from the emergency fund saall be allocated on a first-come first-serve basis and shall not be based on any priority system. (5) 4mergency project grants shall be approved by the director of the department of ecology. (5) The maximuc amount of money allocated for emergency projects shall be 3500,000 per biennium. (7) At the discretion of WDOF., emergency funds may he made avail- able for use on nonemergency projects when future emergencies are improbable. o (6) The maximum amount inttially available for any one county is 1S0,OC0 par biennium. If the total $500,000 is not used by other counties, and emergency work exceeds 5150,000 in a county, the county can request additional emergency funds. (9) The flood control assistance account contribution shall not exceed eijhty percent of the eligible project cost of an emergency project. [51 ?A GCr-'083 2. # (2) Certify thi6u0.i t restate 3epartfrent` ?Pf$ euergencf 'maT nageme?nt i? that<.the local:emcfg r ,canagement organ.ization is administGrin?? _n: acceptable'plan._ (3) Restricting,land uses vithin the,'weandcr belt or f1094ay of } rivers to only tlood''coipatible uses. L'?8SECTION .. .. WAC 173-145-060 FCAAP PROJECT APPLICATION PROCESS. Thelproject' application process for the eligible municipal?corpora,'iions. applica tions shall include the following in.the;general'sequence given. (1) The applicant shall prepare the project application to comply with the provisions of chapter 86.26 RCW and this chapter. The!appli- zation shall be made on a form furnished by WDOE. A complete applica- tion shallinclude the following: (a) A written description and cost estimate of the project;.; (b) A vicinity map and sketch to identify water body names, stream river mile, section-township-range; (c) .A general plan drawing of the project on an 1-8 1/2 x 1111 or 113 1/2 x 1411 sheet; and (d) A description of the project benefits which describe how the Project will mitigate flood damages and describe development: which exists on adjacent and nearby lands which are protected by the facility. y (2) The applicant shall review the preliminary project proposal with the county engineer and the Washington departments of fisheries or game. 3) The a licant shall submit a ( pp prioritized list of project applications to the county engineer. n (4) the county engineer shall submit a prioritized list of all project applications within the county to WDOE. ka (`) The county engineer shall furnish evidence to WDOE that the comprehensive flood control management plan described in WAC 173-145 ,. 040 is completed or underway and the floodplain management activities at described in 6AC 173-145-050 are being implemented. 4_4_SF.c_TO!7 - as WAC 173-145-070 FCAAP PROJECT A?PROVAL PROCESS. The project ?1 A4 tA' approval process for the eligible municipal corporations applications tom',. J,* shall include the following in the general sequence given. ' g (1) 'M% will review all projects for compliance with the requirements pursuant to this chapter and chapter 86.26 P.CW. (2) WDOE shall consult with the-departments of fisheries and game w regarding the list of projects. (3) WDOE will incorporate the prioritized list of eligible pro jects into its biennial budget for funding. (4) WDOF shall prepare and finalize the written agreements with ,. the counties. (5) The counties shall prepare and finalize the written agree- "vn1l meets with the involved eligible municipal corporations within the. connt,y. 7 (6) The construction plans and specifications shall he prepared v, V by the applicant for approval by the county engineer prior to submis sion to WDOE for review of each project for compliance with all re_uirements. t„ (7) The applicant shall acluire the necessary federal, state, and i p local pernits along with any other permission requirad to complete the 6W project. .r--r f`?R+Sy?,.yy'Y "?,. .7?.+WY?? .,Cep Tk Hr N? xy f nt r1???kGNJ?a'?.dc`wt ..;? ;, MN M f;! a 2 0 3 f OTS-2083:2( r a -- SECTION - R WAC 173-145-040 COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN. Tho county engineer of the county within which the maintenance pcoject is .located must certify that the plan has been completed and adopted by the appropriate local authority or is being prepared. The compre- hnnsive. plan must be completed and adopted within three years of the w 1 date that it is certified as being prepared. The appropriate local authority may require the applicant to fully or partially fund the preparation of the CFC!IP. The plan must include: (1) Determination of the need for flood control work. (a) Description of the watershed. (b) Identification of types of watershed flood problems. (c) Location and identification of specific problem areas. (d) Descr.iption of flood damage history. (e) Description of potential flood damages. (f) Short-term and long-term goals and objectives for the plan- .n fag area. - (2) Alternative flood control work'. (a)•Descriotion of potential measures of instream flood control work. (b) Description of alternatives to instream flood control work. (3) Identification and consideration of potential impacts of ir.3tream flood control work on the following instream uses and resources. (a) Fish resources. (L) Wildlife resources. t (c) Scenic, aesthetic, and historic resources. (d) Navigation. (e) 'dater rtuality. (f) Hydrology. (q) Existing recreation. ? (h) Other. s:>>, ' (4) Area of coverage for the comprehensive plan shall include, as " a minimum, the area of the one-hundred year frequency floodplain within a reach of the watershed of sufficient length to ensure that a a comprehensive evaluation can be made of the flood problems for a spe- cific reach of the watershed. The plan may or may not include an , entire watershed. Comprehensive plans shall also include flood hazard areas not subject to riverine flooding such as areas subject to g. coastal flooding, flash flooding, or flooding from inadequate drain- `T aqa. The planning area definition shall also include the regulatory " iloodway as described in the appropriate flood insurance study report. (5) Conclusion and proposed solution(,). The CFC:9P shall be fin- alized by the following action from the appropriate local authority: e (a) Evaluation of problems and needs; (b) Evaluation of alternative solutions; a' (c) 3ecommended corrective action (a); and (d) Corrective action priority. .inC 173-145-050 FLOODPLAIN MANAGEMENT ACTIVITIES. To he eligi- ble for FCAAP iundin9, the appropriate local authorities within whose jurisdiction the naintenarce projects are located, must he engaging in floolplain miaagement activities which will protect or prevent flood damages from occurring to future structures, works, and improvements within their jurisdiction. The department of ecology shall find that they are: (1) participating in the national flood insurance program (NFIP) and meutinq all o: the NFI? re.m irements. [ 3 1 w yy ?. 41 } y?. 6 re 8`C``t I .8a{.ETt7?- _ ` r OTS-2093:2 ' ? tf (7) "Emergency project" is flood control :cork as authori_ed and dpnrovorl ? :J ;y DOF which must he done immediately to protect live; and property. (4) "Flood coxpatibl.p, land uses" those uses of the land within the river's meander belt or floodway which ccmpiy with the minimum state, faderal, and local flood plain management regulation u a requirements. a (g) "Flood control responsibility" is any statutory responsibil- ity which includes or is directly related to controlling flood waters , prevention of flood damages, or the protection of life and property from flooi damages. (10) "Floodplain management activities" are activities as defined } in WAC 173-145-050 to be performed by local governments through ordi- nances or other :weans to reduce the damaging effects of flooding. (11) "Maintenance project-- is tae work necessary to preserve or restore the natural condition or to restore man-made flood control facilities to their former condition using in-kind replacement materi- als or a-ceptahle alternatives. This work is necessary Sue to damage or destruction from flooding by action of erosion., stream flow, sheet runoff, or other damages by the sea or other holies of water ft . (12) "?l ea nder belt or floodwa " y' that portion of the flood- is plain for st i , reams wh ch have meandered over cec_nt times, that can be id i i ent f ed by observation or from aerial photos as the area between the right and left side of the extreme meanders. This shall include the present stream channel. Consideration shall be given to soil and vegetatio ; n patterns in determination of the meander belt or floodway. 13 " ( ) Re3ulatory floodway" means the charnel of a river or other watercourse d d h y' an t e a jacent land areas that must be reserved in order ; . f ' • to discharge the base (one hundred year frequency) flood without cumu- lativel incre i . y as ng the water surface elevation. more than a designated height. S7CTION 'd AC 173-145-030 ?LIGIPILIT3 CFITEFIA FOR FCAAP FUNDS. The fol- lowing criteria will he used to dptermir,e eligibility of an ?CAA? project application. (1) The applicant must he an eligible municipal corporation. (2) ?ublic Fenefit hall be indicated. It shall be clearly dem- onstrate; that the projects shall display a general public and state interest as differentiated from a private interest and they shall bring about nuhlic benefits commensurate with FCAA? funds provided. (3) .1 comprehensive flood control management, plan as described in WAC 173-1'15-o4o must, be adopted by the appropriate local authority with flood control jurisdiction over the area where the proposed project in located. (4) The appropriate local authority within whose jurisdiction the maintenance projects are located shall be engaging in those certain floodplain management activities as described ir. WAC 173-145-050. (5) 9ulget report. Any eligible municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county engineer within thirty calendar days after its final adoption. The budget report for eligible municipal corporations and for the county shall by submitted to WDOE by the county engineer not later than February 15 of every year. 12 OTS-2083:2 Chapter 173-145 WAC ADMINISTRATION OF THE FLOOD CONTROL ASSISTANCE ACCOUNT.' PROGRAM WAC v 173-145-010 Authority and purpose. 173-145-020 Definitions. 173-145-030 Eligibility criteria for FCAAP funds. 173-145-040 Comprehensive flood control management plan. " 1 +3-145-050 Floodplain management activities. 173-145-050 FCAAP project application process. 173-145-070 FCAA? project approval process. 173-145-090 Priority of FCAAP projects. 173-145-090 Flood control assistance account contributions and t4 project match requirements. 173-145-100 Emergency fund administration. 173-145-110 Multi-year projects. 173-145-120 Work standards for all FCAAP projects. 173-145-130 ?reject construction monitoring. 173-145-140 Britten agreements. 173-145-150 equipment rantal. --__CTIn", '.n WAC 173-145-010 AUTHORITY AND PURPOSE. Chapter 212, Laws of 19Pu, :ocular Session, amended chapter 86.26 RCW, state participation in fioo3 control maintenance (the Act): RCW 86.26.010 and 86.16 170 provid-2 that the Hashington department of ecology (BDOB) shall a(I g ister inn enforce the flooi control assistance account program (FCAAP) , established by the Act. This chapter describes the manner in which WDOE will implement the provisions of the Act. NFP $ ^7:IN WAC 173-145-020 DEFINITIONS. For the purposes of this chapter an.1 subsequent regulations formulated for floodulain management pro- grams in Washington, the following definitions shall be used: (1) "Applicant" is an eligible municipal corporation seeking matchir,g funds for flood control maintenance work. (?) "Appropriate local authority" is a county, city, or town hav- ing planning and land use jurisdiction within the area covered by the CFC.",?. (3) "Comprehensive flood contco L management plan (CFCMP)" is a document which provides a means of planning for and evaluating the impacts of specific project activities within a river basin, subbasin, or other area to ensure that work done on specific projects is compat- ihle with the goals ant objectives for the area covered by the plan, is described in WAI 173-145-040. (4) "County engineer" is the appointed public works director, county engineer, or the 'person designated to act for the county en-)ineer. (5) "Eligible municipal corporation" includes but is not limited to counties, cities, towns, conservation district, and any special dL:I,rict.- which have flood control responsibilities. (r•) emergency fund is that portion of the biennial appropcia- tion allocated to the flood control assistance account which is set aside for emergency projects. 1 1 1 Y fi?7 6+'a X .. 8th - s .. 86.18.910 Title 86 RCW: Flood Control 10 chapter, or the application of the provision to other per- sons or circumstances is not affected. (1967 ex.s. c 136 § 5.] Chapter 86.24 FLOOD CONTROL BY STATE IN COOPERATION WITH FEDERAL AGENCIES, ETC. Sections 86.24.010 Declaration of policy. 86.24,020 Cooperation authorized. 86.24.030 Contracts authorized-Extent of participation. 86.24.040 Contracts between flood control districts and other gov. ernmental units. 86.24.050 State participation where state interest affected. 86.24.010 Declaration of policy. It is the purpose of the state of Washington, in the exercise of its sovereign and police powers, and in the interests of public welfare, to establish a state policy for the control of floods to the extent practicable and by economically feasible methods. [1935 c 163 § 1; RRS § 9662-1.] 86.24.020 Cooperation authorized. The state director of conservation, in cooperation with the secretary of war, acting through the corps of engineers of the United States army, and any other agencies of the United Stales, and in cooperation with any official, agency or institution of the state and any flood control district cre- ated under the laws of the state, and any county, or any counties acting jointly pursuant to RCW 86.13.010 through 86.13.090, shall act for the state in the formu- lation of plans for the control of floods in the several flood areas of the state, and shall consider the extent to which the state should participate therein with the United States and/or any flood control district, or county, or counties so acting jointly. In case of federal participation, the plan of development and the surveys, plans and specifications for such flood control projects shall be in accordance with the federal requirements therefor. [1935 c 163 § 2; RRS § 9662-2.1 86.24.030 Contracts authorized-Extent of partic- ipation. The state director of conservation, when state funds shall be available therefor, shall have authority on behalf of the state to enter into contracts with the United States or any agency thereof and/or with any such flood control district, county, or counties so acting jointly, for flood control purposes for any such flood control district, county or counties so acting jointly, the amount of the state's participation in any such contract to be such sum as may be appropriated therefor, or, in event of unallocated state appropriations for flood con- trol purposes, in such necessary sum as to any such con- tract as he shall determine. 11935 c 163 § 4; RRS § 9662-4.] 86.24.040 Contracts between flood control districts ¦nd otber governmental units. In any case where the boundaries of any flood control district shall embrace all or any part of any county, city, town, diking, or drainage ryi it 84 RCW-y 441 district, subject to flood conditions, the governing au- thorities thereof may contract with the directors of such flood control district, with the written approval of the state director, for the maintenance, repair, renewal and extension of any existing flood control works of such county, city, town, diking, or drainage district, situated within the flood control district, and for the construction and maintenance of specific flood control projects, for such term of years and for the payment to such flood control district therefor of such annual sums as in said contract specified. (1979 ex.s. c 30 § 19; 1935 c 163 § 6; RRS § 9662-6.] 86.24.050 State participation where state interest af- fected. State participation in flood control projects shall be in such as are affected with a slate interest and to such extent as the legislature may determine. [1935 c 163 § 3; RRS § 9662-3.] Chapter 86.26 STATE PARTICIPATION IN FLOOD CONTROL MAINTENANCE Sections 86.26.005 86.26.010 86.26.020 86.26.030 86.26.040 86.26.050 86.26. 060 86. 26.070 86.26.080 86.26.090 86.26.100 86.26.110 Declaration of purpose. `. Division of flood control created-Supervisor. State participation in flood control construction, mainte- nance and betterments. Local flood control engineer . Duties of local engineer-Approval of plans, etc., by iw rA' supervisor. Projects in which state will participate-Appropria. lion of stale funds. Allocation of appropriated funds. s Flood control maintenance fund of municipal corpora- t Ion-Composition-Use. - - Annual budget reports or municipal corporations- Allocation of state funds. Scope of maintenance in which state will participate. Agreement as to participation-Limit on amount. Vouchers for expenditures-Approval. M - 86.26.005 Declaration of purpose. It is the purpose of the state in the exercise of its sovereign and police powers and in the interest of public welfare, to establish a state and local participating flood control maintenance policy. [1951 c 240 § 2.1 86.26,010 Division of flood control created-Su- pervisor. There arc created under the director of conser- vation, the division of flood control and the office of supervisor of flood control. The supervisor of flood con- trol shall have charge for the state, of the administration and enforcement of all laws relating to flood control. [ 1951 c 240 § 3.1 86 26.020 State participation In flood control con- struction, maintenance and betterments. State participa. tion in flood control construction, maintenance and betterments shall be with corporate municipalities sub- ject to flood conditions, namely, with counties, counties acting jointly, cities, towns, flood control districts, diking or diking improvement districts, drainage and drainage improvement districts, diking and drainage improvement 11917 r44 i fig ?t'hf l? .v «'? ' . Y' ?s-•??Rr 1"'i 4 ? ar /?9,p A?{ t ;. { 4 t ' 'r q t r k ? I c? v t +h t ?,? t t -,? _ 1t ] r - ? oft t ?'I _ k t `Il 4 ', a l t r l- i ! •r tt?_.`. tit 4 k ?;x. '54j L ? ? .I ,' ? ? t y N ?1 { I r IIK ?li'I L ? r. `n 1 47, F ?i< N ew 4t•'. ?e I )f ? districts, irrigation districts, and soil conservation dis- tricts. [1961 c 84 § 2; 1951 c 240 § 4.] 86.26.030 Local flood control engineer. The regular or special engineer for any such municipality shall be ex officio the local flood control engineer for any flood control work prosecuted by his municipality with aid from state flood control funds. The county engineer shall be the ex officio local flood control engineer for any soil conservation district in his county and for any other municipality therein by special agreement between the proper municipal authorities and the county commis- sioners. [ 1951 c 240 § 5.1 86.26.040 Duties of local engineer-Approval of plans, etc., by supervisor. Each local flood control engi- neer shall approve all plans for flood control mainte- nance projects within his jurisdiction; he shall supervise their construction and have control of and make the authorized expenditures therefor. The approval of such plans, construction and expenditures by the supervisor of flood control shall be a condition precedent to slate par- ticipation in the cost of any project. [1951 c 240 § 6.1 86.26.050 Projects in which state will partici- pate-Appropriation of state funds. State participation shall be in such flood control maintenance projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto. Such participa- tion shall be made from state appropriations for flood control maintenance purposes. [1951 c 240 § 7.1 86.26.060 Allocation of appropriated funds. Appro- priation for flood control maintenance shall be so em- ployed that as far as possible, funds will be on hand to meet unusual, unforeseeable and emergent flood condi- tions, Allocations by the supervisor, for emergency pur- poses, shall in each instance be in amounts which together with funds provided by local authority, under reasonable exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state. 11951c240§8.1 86.26.070 Flood control maintenance fund of munici- pal corporation-Composition-Use. Any municipal corporation subject to flood conditions, may establish in its treasury a flood control maintenance fund. Such fund may be maintained by transfer thereto of moneys dc- rived from regular or special lawful levies for flood con- trol purposes, moneys which may be lawfully transferred to it from any other municipal fund; and gifts and con- tributions received for flood control purposes. All costs and expenses for flood control maintenance purposes shall be paid out of said flood control maintenance fund, which fund shall not be used for any other purpose. 11951 c 240 § 9.1 86.26.080 Annual budget reports or municipal cor- porations-Allocation of slue funds. Any municipal (1917 e6.) corporation intending to seek state participating funds shall, within thirty days after final adoption of its annual budget for flood control purposes, report the amount - thereof, to the supervisor of flood control. On the basis of all such budget reports received, he may thereupon ' prepare his tentative and preliminary plan for the or- derly and most beneficial allocation of state flood con- ' trol funds for the ensuing calendar year. Any otherwise .a eligible municipal corporation failing and. neglecting to report the amount of its budget may, at the discretion of " the supervisor, become ineligible for state participation during the ensuing year. Soil conservation districts shall _ be exempted from the provisions of this section. [1951 c _ 240 § 10.1 86.26.090 Scope of maintenance in which state will participate. The state shall participate with eligible local - - authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood waters with a minimum of damage from bank erosion or overflow of adjacent lands and property; and in restoring, maintain- ing and repairing natural conditions, works and s truc- tures for the maintenance of such conditions. The state shall likewise participate in the restoration and maintc- nance of natural conditions, works or structures for the protection of lands and other properly from inundation .. or other damage by the sea or other bodies of water, dddPPP'-"r'. . `% State flood control maintenance funds shall not be - available for maintenance of works or structures main- t s- tained solely for the detention or storage of flood waters. p 5 '.` 'lN""" t..,•s., [1951 c 240 § 11.1 86.26.100 Agreement as to participation-Limit t i?,?'• on amount. State participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the director of conservation and the corporate authorities of the local j sponsoring party, which agreement, among other things, 1r shall slate the estimated cost and the percentage thereof } to be borne by the state. In no instance, except on enter- gency projects, shall the state's share exceed one-half the cost of the project. Suite participation in any soil ' `._r conservation district shall not, in the aggregate, exceed d ten thousand dollars in any fiscal year, and shall be only in projects approved and recommended by the district's board of supervisors. (1951 c 240 § 12,1 .?.:".l 86.26.110 Vouchers for expenditures-Approval, t"G tCs No warrant shall be drawn to the credit of the flood control maintenance account of any participating local 4??Na agency except on vouchers for reimbursement of ex- '07 pendilures therefor made and properly supported and t ? .7 approved by the local flood control engineer and by the 4Kj[ w supervisor of flood control. (1973 c 106 § 38; 1951 c 240 i § 13.1 Altar 96 RCW-e 451 . • , ., F[noq ro?Jr.tac <-ls,-isrdNCa fl'«w.?,r''? ?? ? • ? ? XXXK mELTMB'}6C _ Governor N'd ,,` M?CCi7C18X2 NIX? e r Di ector STATE OF WASHINGTON DEPARTMENT OF ECOLOGY '"Jil 5t90 PV-ll • Olympia, W"hingmn 9850 . (206) 159-6000 May 22, 1985 Mr. Brian Shelton, Director ttd""-?-f --tr6-C?-'-- Jefferson County Department of Public Works P.O. Box 571 Port Townsend, WA 98368 Dear Mr helton . Eligibility for the Flood Control Assistance Program grant money requires the county engineer to submit the budget reports for the county and other county appli- cants to the Washington Department of Ecology not later than March I of each year. These reports should be based on the criteria contained in RCW 86.26.080 and WAC 173-144-020(9). In order to maintain eligibility in the Flood Control Assistance Account Program, I encourage you to submit these reports as soon as possible. If you have any questions, please call me or Ed Hammersmith at (206) 459-6793. SCrJN 5gj Sincerely, D. Rodney Mack Supervisor Shorelands Division DRM:bh 4 D t ? + tY t? ? 1 ? ? (?, 'l ?? r F Y ? ? + , I ? f. + d+ 7?r + ' I?' 1 I? IiL.2 l t JB 9e23D f Proffer cpn=Q Hexlmu Repl. Tide Box Road Erosion Pr e e G Grant A. - otection and Stablization $ 20,0 ' c TOTAL 105,5 - ,< c u $125,7 - 2 a , M1 ?t' Chairman Board of Jefferson County F? al, i Commissioners 1 1820 Jefferson Street <t 4 Port Townsend, WA 98368 t ? 11 Project_ Maximun - n? IBig Quilcene R. Gravel and Debris R Grant Ac' I emoval iPt, Townsend Beach Restoration $100,00 So• Bogochiel R. Bank Protection JRock Creek Ri -R 37,50 2 p ap 0,00 10,00, TOTAL $167,50f 6 County Executive - King County Council 516 Third Avenue a Seattle, WA 98104 Proie`me Maximum nr ? Lower Cedar R. Channel Dredging Grant Amou Lower Cedar R. E. Bank Emerg, Repairs Meadowbrook Riv $ 25,000 er Bank Project Green River Bank Rip-Rap 25,000 4,050 - ( 47 Misc. Projects (Priorities 2-39 except above) 50,000 395,950 i 1 TOTAL $500,000 r' * ,,z b , ( z to r ? .-. t ? ? L 1 4 %f y .:y L isC updated: in' nuarv 14, 1985 ;-h y ? ? ' ? ? l fr t N9.? ??7 ? ?ra. ' ? ;`? ? *k^i 4 r ':: 'iv,+? ivNm?s ? ? ? , i ? >,y'° ..^F. '!P N K rv•,v"MU , ?+?tiF' ..t ? ?: ? ??+. :t? , ? li ?ed 3 " ?_ ?` . l 1 . du I t September 4, 1985 Page 2 If you have any questions regarding the agreements or any of the other enclosures, please call me at 459-6791 or Ed Hammersmith at 459-6793 in Olympia. Sincerely, Jerry Louthain Supervisor Floodplain Management JL:sc Enclosures I?h ?i r ?' , L •" "1 L'YRI ryr • Yi 1 [? r ti ?' r L yr ' i? 1 i ? yt ?ti + 4 y r `1 19? 1 7T, 7 11. f?cE : ? -oS t t 3 ANDREA BEATTY RINIKER Diwctor 31 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY &I" Stop PV-11 • Olympid, Waillington 98507-8711 • (06) 459-6000 September 4, 1985 Mr. Gary Rowe -?'? - Acting Jefferson County Public Works Director 1820 Jefferson Street Port Townsend, WA 98368 Dear Mr. Rowe: r? The primary purpose of this letter is to provide you with copies of the agreement(s) for the Flood Control Assistance Account Program (FCAAP) - flood control maintenance project(s) in your county. Your county will s? - enter into a separate agreement with our department for each FCAAP project which is located in your county. It will then be necessary for you to enter into a subagreement with any other municipal corporation which has a project in your county. » n Your attention is directed to the July 1, 1985 effective date and the - June 30, 1987 termination date of the agreements, which means that the agreements allow payment to be made for work done under any agreement at any time between these two dates. Some projects may, however, have more restrictive dates due to specific permit or approval requirements. Please complete Appendix A, sign for the grantee on page 8, and return u the two original agreements for each project to us. The department will . then return one finalized original. for your files. r Also enclosed are the following: • A copy of the legislation which establishes the Flood Control Assistance Account, Chapter 86.26 RCW. • A copy of the permanent rules for administering the FCAAP, Chapter 173-145 WAC. i> • A copy of the "Financial Guidelines for Grants Management." • Reproducible copies of Form A19-X, the Invoice Voucher, and s the Voucher Support Form, which are used for grant payment requests. y It is hoped this package will provide the information you need to finalize the grant agreements. >"?` l with mailing and location address) .. PROJECT OOPTACT PERSON Name Address Phone # 3. PROJECT TITLE, DESCRIPTION AND LOCATICN (Attach vicinity nap and sketch to identif} water body name, stream river mile and general plan map; Section, township, range, etc.) , Title Phone # 5. ESTIMATED PROJECT COST (Dollars) Project duration mo/yr. local Share State Grant Unincorporated Area = Other Total Cost Incorporated Area = Name of City or Town ? FLOOD FREQUENCY PROTECTION PROVIDED BY PROJECT` FACILITY Prior Yrs; Present Years; Future Years Not Applicable = 7. BRIEF DESCRIPTICN OF PROJECT BENEFITS - Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. (Attach detailed description if necessary) i 3. (FOR USE BY CITIES AND TOWNS ONLY) RNAT IS THE STATUS OF APPLICANT'S C(MPRlDIENSIVE FLOOD CONTROL MANAGFSENT PLAN. completed = Preparation Underway O Anticipated Completion Date 9. SIGNATURE OF AUTIRORIZED APPLICANT REPRESENTATIVE Typed Name and Title Phone # Date 0. STATUS OF CCLYPIERENSWE FLOOD CONTROL MANAGDgM.PIAN (FOR THIS PROTECT) Completed = Preparation Underway =Anticipated Completion Date Certification by County Engineer Date (to the best of my knowledge the above in ion is Correct R4 VISFD 10-24-84 County Priority Rating of r L t t? ? `_ AS r S APPLICATION FOR PROJECT ASSOANCE EMERGENCY P Yes O No = =....'O CONTROL ASSISTANCE ACCOUNT PROGRAM ` ... ' (CH. 86.26 ROW) r.- . 2. COUNTY ENGINEER s NAME AND ADDRESS OF APPLICANT (County or Municipal corporation Name: Address: a r ? r APPLICATION MR PROJECT AS ANCE FLOOD CONTROL ASSISTANCE ACCOUNT PROG(USM NAME AND ADDRESS OF APPLICANT (County or Municipal corporation with mailing and location address) .. PROJECT CONTACT PERSON Name Address Title Phone # ESTIMATED PROJECT COST (Dollars) Local Share State (rent Other Total Cost FLOOD FREQUENCY PR0rWrICN PROVIDED BY vc-r4mNCY PR 'T Yes O No O 2. Camy ENGINEER ' Name: Address: L. Phone # -- PRCUECT TITLE, DESCRIPTION AND LOCATION (Attach vicinity map and sketch to identif} water body name, stream river mile and general plan map; Section, township, range, etc.) Project duration Unincorporated Area O Incorporated Area O Name of City or Town I' AL:ILLTY Prior Yrs; Present Years; Future Years Not Applicable O 7. BRIEF DESCRIPTION OF PR03DOI' BENEF'17S - Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. (Attach detailed description if necessary) 3. (FOR USE BY CITIES AND TOWNS ONLY) WHAT IS TAE STATUS OF APPLICANT'S CWRmESISIVE FLOOD CONTROL MANAG Mjr PLAN? Conpleted O Preparation UnderwayO Anticipated Ccupletion Date SIGNATURE OF AUTHORIZED APPLICANT REPRESENTATIVE Typed Name and Title Date Phone # 0. STATUS OF CUMPREHF24SIVE FLOOD CONTROL MANAG[KM .PLAN (MR THIS PROJECT) Completed O Preparation Underway OAnticipated Completion Dote Certification by County Engineer Date (to the best of my knowledge the a-T a in orma-Iion is rrec 1,SaSED 1D-24-84 County Priority Rating of s? x . 5aa S t 2.y (FOR USE BY CITIES AND TOMS ONLY) AmAT IS THE STATUS OF APPLICANrIs CGITmimSIVE FLOOD CONTROL MAMA( Mm? k ' Corrpleted O Preparation Underway = Anticipated Carpletion Date °. SIGNATURE OF AUTHORIZED APPLICANT REPRESFNIATNE Typed Name and Title R Date 0. STATUS OF COtPRF]R•SISTVE FLOOD OWML MAN M-VNT.PLAN (FOR THIS PROIECr) 1 Completed O Preparation Underway =Anticipated Completion Date k d' "',0 a` It Certification by Oounty Engineer Date --- r1 (to the beat of my knowledge thoabove !n-For-"E3on i corr f', MWISED 10-24-84 County Priority Rating of W.' 7 + t a a ? ? r. ""• w ?K i, r T_? k7 7 r+ i ? Ad r? .?l ?x r?. y Y?S . at ' 1 r r J. ? r ? r' r M r Gr' f !. M Chapter 86.26 RCW STATE PAR'T'ICIPATION IN FLOOD CONTROL MAINTENANCE Sections 86.26 005 Declaration of purpose. 8626007 Flood control assistance account-Use-Earnings 86.26.010 Administration and enforcement. 86.26.040 Duties of local engineer--Approval of plans, etc., by department of ecology-Grants to prepare compre- hensive flood control management plan. 86.26.050 Projects in which state will participatc-Allocation of funds. 86.26.060 Allocation of funds. 9616.070 Flood control maintenance fund of municipal corpora- tion--Compo<ition--U.c. 86.26080 Annual budget reports of municipal corporation,- Allocation of funds. 86.26.090 Scope of maintenance in which state will participatc 86.26.100 Agreement as to participation--Limit on amount. 86.26.105 Comprehensive flood cant ral management plan-Re- quiremenis-Time for completion. RCW 86.26.005 Declaration of purpose. It is the purpose of the state in the exercise of its sovereign and police powers and in the interest of public welfare, to establish a slate and local participating flood control maintenance policy. [1951 c 240 § 2.] RCW 86.26.007 Flood control assistance ac- count-Use-Earnings. The flood control assistance account is hereby established in the state treasury. At the beginning of each biennium after June 30, 1985, the state treasurer shall transfer from the general fund to the flood control assistance account an amount of money which, when combined with money remaining in the ac- count from the previous biennium, will equal four mil- lion dollars. Moneys in the flood control assistance account may be spent only after appropriation for pur- poses specified under this chapter. All earnings of in- vestments of balances in the flood control assistance account shall be credited to the general fund. 11986 c 46 § I; 1985 c 57 § 88; 1984 c 212 § 1.1 F.frecthr due-1995 c 57; See note following RCW 15.52320, RCW 86.26.010 Administration and enforcement. The department of ecology shall have charge for the slate of the administration and enforcement of all laws relating to flood control. ] 1984 c 212 § 2; 1951 c 240 § .1.j RCW 86.26.040 Duties of local engineer-Ap- proval of plans, etc., by department or ecolugd- Cranls to prepare comprehenshe flood control manage- ment plan. Whenever state grants under this chapter are used in it flood control maintenance project. the engineer of the county within which the project is located shall approve all plans for the specific project and shall su- pervise the work. The approval of such plans, construc- tion and expenditures by the department of ecology, in consultation with the department of fisheries and the department of game, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specific project. Additionally, state grants may be made to counties for preparation of a comprehensive flood control manage- ment plan required to be prepared under RCW 8626- .050. )1986 c 46 § 2; 1984 c 212 § 3: 1951 c 240 § 6.1 RCW 86.26.050 Projects in which state will partici- pate--Allocation of funds. (I) State participation shall be in such preparation of comprehensive flood control management plans and flood control maintenance pro- jccts as arc affected with a general public and state in- terest, as differentiated from a private interest, and as arc likely to bring about public benefits commensurate with the amount of state funds allocated thereto. (2) No participation for flood control maintenance projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood plain management acti,•itics of the county, city, or town having planning jurisdit.,ion over the arca where the flood control maintenance project will be, on the one hundred year flood plain surrounding such arca. The department of ecology shall adopt rules concern- ing the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood danhage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible use" Whenever the department has approved county, city, and town flood plain management activities, as a condi- tion of receiving an allocation of funds under this chap- ter, each revision to the flood plain management activities must be approved by the department of ecol- ogy, in consultation with the department of fisheries and the department of game. No participation with a county or other municipal corporation fur flood control maintenance projects may occur unless the county engineer of the county within which the flood control maintenance project is located certifies that it comprehensive flood control management plan has been completed and adopted by the uppropriale local awhorily, or is being prepared fur all portions of the river basin or other area, within which the project is heated in that county, that are subject to flooding with a frequency of tine hundred years or loss. (3) Participation for flood control mainlcnanre lit, jest% and preparation III' cuniprehcti kc flood canlroi I(h. 96.26 R( %%-p 11 rr5 , l ['?t i ? a a f 6W_tl rwrdpy6ra "s, tt, Nk 2 r k NO ed ".W, A,' i KP +?+ LI mm q?nyrY 141 x ( t r 1 t W i' a(f less : j t y a v r ,t r , f A r y I! . y I 1 1 ? br ? ? T / i t yM a a k; ?o r ? 1? , 86.26.1150 State Participation, Maintenance . management plans shall be made fromnts made by and structures for the i4r141ntenancc of such conditions. the department of ecology from the flood control assist- The state shall likewise participate in the restoration and ante account. Comprehensive flood control management maintenance of natural conditions, works or structures plans, and any revisions to the plans, must be approved for the protection of lands and other property from in- by the department of ecology, in consultation with the undation or other damage by the sea or other bodies of department of fisheries and the department of game. water. Funds from the hood control assistance account [1986 c 46 § 3; 1985 c 454 § 1: 1984 c 212 § 4; 1951 c shall not be available for maintenance of works or strue- 240 § 7.1 tares maintained solely for the detention or storage of flood waters. [1984 c 212 § 7; 1951 c 240 § 11.1 RCW 86.26.060 Allocation of funds. Grants for flood control maintenance shall be so employed that as far as'possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes. shall in each instance be in amounts which together with funds provided by local authority, if any, under reason- able exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state. [1984 c 212 §'S; 1951 c 240 § 8.1 RCW 86.26.070 Flood control maintenance fund of municipal corporation-Composition-Use. Any municipal corporation subject to flood conditions, may establish in its treasury a flood control maintenance fund. Such fund may be maintained by transfer thereto of moneys derived from regular or special lawful levies for flood control purposes, moneys which may be law- fully transferred to it from any other municipal fund; and gifts and contributions received for flood control purposes. All costs and expenses for flood control main- tenance purposes shall be paid out of said flood control maintenance fund, which fund shall not be used for any other purpose. 11951 a 240 § 9.1 RCW 86.26.080 Annual budget reports of municipal corporations-Allocation of funds. Any municipal corporation intending to seek state participating funds shall, within thirty days after final adoption of its annual budget for flood control purposes, report the amount thereof, to the engineer of the county within whose boundaries the municipal corporation lies. The county engineer shall submit such reports, together with reports from the county itself, to the department of ecology. On the basis or all such budget reports received, the depart- ment may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of funds from the flood control assistance account for the ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section. 11984 c 212 § 6: 1951 c 240 § 10.1 RCW 86.26.090 Scope of maintenance in which state "ill participate. The slate shall participate with el- igible kwal authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood wa- ters with a minimum of damage from bank erosion or overflow of adjacent lands and property; and in restor- ing, maintaining and repairing natural conditions, works I(1,. )16.26 R( V% -p 21 RCW 86.26.100 Agreement as to participation- Limit on amount. Slate participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the di- rector of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost and the per- centage thereof to be borne by the state. In no instance, except on emergency projects, shall the slate's share ex- ceed one-hair the cost of the project, to include project planning and design. However, grants to prepare a com- prehensivc flood control management plan required un- der RCW 86.26.050 shall not exceed seventy-five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and rcgula- tion by the department of ecology. [1986 c 46 § 4: 1984 c212§8:1951 c240§ 12.1 RCW 86.26.105 Comprehensive flood control man- agement plan-Requirements-Time for completion. A comprehensive flood control management plan shall determine the need for flood control work, consideraf- ternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway. A comprehensive flood control management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050. If after this three-year period has elapsed such it comprehensive flood control plan has not been completed and adopted, grants for flood control maintenance pro- jects shall not be made to the county or municipal cor- porations in the county until a comprehensive flood control plan is completed and adopted by the appropri- ate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pur- suant to RCW 86.26.060. 11986 c 46 § 5: 1984 c 212 9.1 I wxr, I -0 T - t???M1 yrswrs ? ?? NEW SECTION WAC 173-145-155 APPR V O AL OF CHANGES TO WRITTEN AGREEMENTS. All flood control maintenance and comprehensive flood control management planning (CFCMP) projects subject to the provisions of this regulation shall be conducted in accordance with the plans, specifications, and conditions approved by ecology. Any contemplated changes during construction or planning process which are significant deviations from di i "i con t ons of the approved agreement, shall first be submitted to ecology for approval. Any changes to the total cost of the project ' following execution of the written agreement must be submitted to ecolo f l gy or approva prior to construction or plan completion. ,n i t 19 1 r 77 t s51 f j ? - ? AMENDATORY SECTION (Amending Order DE 85-10, Piled 6/21/85) - 1 r WAC 173-145-120 WORK STANDARDS FOR ALL FCAAP PROJECTS. All work which is funded from the flood t . ,. ?. ? con rol assistance account shall conform to the standards and specifications of ((the--Brer--Army--Eerpn-rof } p Eng peers,--thrFJ:fr.- i3eportmantr-oabill en}Epre ea Mrr?ezvaMorr-r?a.•.w.4 the county engineer who.. shall l co cTAor a n i i t ? N ' ` ) M . fed o federal standards and ... if+cats ons pertaining t pod control -'S Projects. ?. A AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 173-145-130 PROJECT CONSTRUCTION MONITORING. The fallowing are the responsibilities and criteria f t ., or project construction monitoring and final approval((-)): _ (1) County engineer responsibilities. Associated with responsibility for project plan a roval d y ! g . pp an supervision of the project work, the county engineer shall provide inspection to assure that all ' ! project work is conducted and completed according to the construction plans and specifications. - - - (2) ((WBOB)) Ecology's responsibilities. Anv authorize representative of -he department of ecology shall have the right t d _ o elite- at all reasognpble times in_ or u_on any property public or pTSVate for th - -= . e purpose o monitor p work as necessar t wi h n o t ! - » ms ap pro y o assure compliance t the terms f the written agreement. ppropriate . , ' (3) Final inspection and approval. Upon completion or the work, a final detailed inspection shall be mad b t. s e y the county engineer along with representatives from ((WBOB)) gcolocry and the applicant. Results of th fi ' `t e nal inspection shall be displayed in a written report and, when appropriate on "as built" .. ?.. ... _.,... , construction plans. These shall be submitted to ((W808)) ecologv within thirty days after the final project inspection. ,ran . .. AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) d? WAG 173-145-140 WRITTEN AGREEMENTS. Written agreements will be prepared by ((WBeB)) ecology as a means to reimburse eligible municipal corporations for work done on approved eligible development oP CFCMP?s. ((g?he-;al ivz--emennE- projects g r t9?gU agreement-she}}-net-exceed-the-set}meted-asst{e}-ef-the-prefect{e}-ae diap3eyed-en-t}eo--profeob.-appl•}.ealSaa(-e}.)) ktritten agreoments billing and payment shall comply with ((the--iiDOE)) ecology's standard requirements for grants and contracts. Notification i reaul red when written agreements will not he ac .,«.ew ... °... cuted _ _ _-- - 4Pp.4rtunity to award orioritizad. ^unf, 9Y t4 _ bnd?d proiects.? IN (Amending Order DE 85-10, filed 6/21/85) ( (WAB-i93-3i5-i5e--i3QU•HMfBBR?-RHNPAIar--per-teonoent?eotvai-ypyyo-? ,.hiro eqn 4pnent-rented-retwo--for-app}}cent-caned-or-refried.-eqy }pment-need-on the-pre}set-she}}-not-exceed-tho-retexdetezt,Tined-.itrreeoo<yenpc,?.,}?. {.{rg stale-badge!-eeaennting-end-reporting-system-{BAR6i-ox?f:ateo-prov}?lgd..by the-enrrent-{PBMA}-rente3:-rate-eehedn}er)) (a3 rp Rl ; sf *f^r k i d a,, f?r JL y??l , t' py ! ? t r l ? { ? itN 1 f. AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 173-145-100 EMERGENCY oFUND ADMINISTRATION. Funds shall be vailable for flood control roiects in response to unusual unforseeable d 1e 1:0-d flood •onditions and shall be allocated in ounc adequate for the preservation of life and Property, The following criterin :hall be the basis of allocating the emergency funds ((money (i) Appropriations from the FCAAP fund for emergency projects will require the declaration of an emergency by the appropriate local authority. (2) Application for emergency funds must be made on the same form used for nonemergency fund applications. (3) Payment of FCAAP funds for emergency projects will be based on project construction costs. Flood fighting costs may be included. (4) Payment for ((from--the)) emergency work ((fond)) shall be allocated on a first-come first-serve basis and shall not be based on any priority system. (5) ( (9mergeney-prej set-ejznr,ts-stee}? -br-approve&-by-the-director ef-the-deparlmenl-ef-see}egyr --"-' (•9}--The-maxi'mum• amou:M--of•-me,xy-n } } eon t ed-4er-tntergency pro?eahs she}}-be-65967809-per-b}enn3nmr)) (({4})) .L51 At the discretion of ((H9BB)) ecology emergency funds may be made available for use on nonemergency projects ((wher-•fyt0ure (({9eere-}mprebeb}e)). emargene ((})) 1¢1 The maximum amount of emeroencv +nds initially available for any one county is $150,000 per biennium. If the total (($5997996-'ko--tfot--nnad-fiY-elher-•coenbievr-cml)) ayaileblo emergency ((war)()) funds ((exeeeds-$3567690)) are not used by other counties, and the amount of emergency funds needed in a county exceeds $150,000, the county can request additional emergency funds. (({9})) _(7) The flood control assistance account contribution shall not exceed eighty _ percent of the eligible project cost of an emergency project. ,(_gt Fmorasncv Lundill only be mado avatlab?a to pros octs which Eor matching f?nde by the deoartmgnt of ecology grlor to construction work boing nerformed. BMy.NDATQBY 9?OT1ON (Amending Order DE 85-10, filed 6/21/85) WAC 171-145-110 ((HUWF1-Y8AR)) MULTIYEAR PROJECTS. Approval for eligibility by ((W96B)) ecology will only be required once frr-a project t which continues more than one biennium ((7-bat--Pund4ng' b}ann}nm-}e-eabjeet-te-Earlher-P9AAP-apprepr}e!}en-by-the-3eg}e3elnra)). Written agreements mugs ba flnnlizod at tho and of the biennium and A n_uw nargQpipllA.•R.I(A951L9d?,.J1IIYSninishod work. Any nroloctO which _' ' _coleted in one bionnium _...__ ....,-..... OM .L4[,^Rnv but are not mn H1 L9 (73 r ya{y l 7, t' IN 1, t .wmlin? •M3^ a t . w a. ? y ?' I ? N 4 r? A 12 e .. M Prepare (fby)theiappli ant for construction plans and specifications shall be submission to ((WBBR approval by the county engineer prior to )) -9010111 for review and approval of ea for compliance with all requirements. ch project state,((and))local The applicant shall acquire the necessary federal, permits or authorizations along with any other permission required to complete the project. AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) ALLOCAT AC 173-145-080 T((PRESRIVY -O¢ FeAAp-+ReaBOTS,') ) CRITERIA FOR o o priority ec iven to projects by ((WBBE l cv, the counties, and other eligibgle municipal corporations shall involve consideration of the following criteria: `---(1) The r «1 _ __ , elationship of ---a__« public benefits to t-i (2) ((Phe-pr}er}tY-givep-to-t}ie---- ?•by-•i4DOE The priority which has already been established by each pyrposes,_ - ' e oso s o ose. f61 Avai?ability of a?ali Pied aersonnel or construction nur a rgniomrces for et Ot:her planninc ePforte undertaken or n*oposed within he plenni n_ a igrisdiction and their i_ra,,, ----- lna naoement. ---?alat-^ •°••-" to Plood contr.,i comprehensive flood control mans amen v p ° l w an. (9f private F±!!atinp and proposed participation of industry. nroP29@1 el croon RUM c ii s the cane conm ai ?,. .ra 1c ?a nd Ftoward the developman and i ytation of F com_.P?ensive Hood cent of mnnacemen I p ° e?? AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 170-145-090 FLOOD CONTROL ASSISTANCE ACCOUNT ((BBNPR?BWR?ONS ANB--pROdg(i?g_MAq'Ey?) ) FSJNDINC MAT control aesiata a,.a ..,._. _ _ _--AND?-.-.??1M REQUIREMENTS. The flood ben}e edm}n}elrn!}ve--esstra,)) ( 6 ] +Lq5 ?P ?} a '_ ...?rJSP l "° AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) kill . 41 WAC 177-145-060 FCAAP PROJECT APPLICATION PROCESS. The project r application process for the eligible municipal corporations' C; applications shall include the following in the general sequence given. (1) The applicant shall prepare the project application to comply - .as with the provisions of chapter 86.26 RCW and this chapter. The ,,,' i gl.,- aBa application shall be made on a form furnished by ((WBeB)) ecology. A ; ??YY complete application shall include the following: (a) A written description ((end-east-estimate)) of the project; (b) A detailed cost estim to !den ifvinc maior Project elements Ley A ((vtetntty)) map ((end-sketch)) to identify water body names, %R'8 F stream river mile, section-township-range; (({e})) M ((A-gent _1)) Construction plans ((drawing-- -the pre}get-en-en-ae-}fB-x-}ta_eY-sB-tfg-x-}4°-sheet)); and (({d})) (e) A description of the project benefits which describe - t Ge how the project will mitigate flood damages and describe development which exists on adjacent and nearby lands which are protected by the., facility. (2) The applicant shall review the preliminary project proposal ;t with the county engineer, the Washington departments of fisheries or 45r game and the department of natural resources and any affected Indian tribes. ; (7) The applicant shall submit a prioritized list of project. 4- applications to the county engineer. (4) The county engineer shall submit a prioritized list of all r project applications within the county to ((WBeB)) ecology. M (5) The county engineer shall furnish evidence to ((WBeB) ) ecology that the comprehensive flood control management plan described iC _ 177-145-040 is completed a_Jd adopted by the aoorooriate local authority ;q r or ((underway)) ie being prepared and the flood plain management $„ activities described in WAC 173-145-050 are being implemented. t a AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) a v WAC 173-145-070 FCAAP PROJECT APPROVAL PROCESS. The project approval process for the eligible municipal corporations' applications f shall include the following in the general sequence given. N (1) ((WBBB)) Ecology will review all projects for compliance with the requirements pursuant to this chapter and chapter 86.26 RCW. (2) ((WBBB)) Ecology shall consult with the state depar-ionts of fisheries ((7)) 9Dd game ((T-end-netnra3--resourcem--end-erry)) in the - dg-v lgoment of a nroiect nrio itv lie The s a e deoar* P i it r E resources, affected Indian tribes ((regerdtng-the•-bbet-ef--pro}octs))? ??,,,? And other affected na 7 may review and_.comment on the proposed nroiect plane pr!nr to approval. f? J --. fP) Thirty days o11121ig notice span given h __ , l griority list will be the subject of a publi incr Notice of this 1t hACWring shall appear in tho state p r pursuant to chanter 34.08 t r (41 The prole priority lint will 12g r? management section Qt_ths depa tmen of ologvavailable at least the days, prior to the A, 11C n AUIMg (5) Tho public comments will bn rev!gwnd and the director Shall ?- ADBr4YSt-4h1 nroiect priority 1!s as o oposed o as revised in ?.; i` ki Accordance with public common (({8} --WBeB-+Hii--taeerperate-tteo--prkeritfae?t-dint-roE-o-ligiirle '".' .1 k.., ? r pre}gets-tnte-fta-btenntn3-budget-4er-Pnndtngr --E+}-WBOE)) (6 gav gree 1 Ecgl shall - prepare and finalize the written agreemonte with the counting. (({5})) LU The counties shall prepare and finalize the 1 r 45 t' written agreements with the involved eligible municipal corporations r ,)a, within the county. ?{+ e art ? dW T7 r}t {J r, S M .._. v lay er • ? ,? M r t ? In-°W'nt 4 W ?, tr 5 L f ?' Y 4fi e;n '11' NE r YW t r ASS O' r a r r. i R y k r H i 0 (2) Alternative flood control work. (a) Description of potential measures of instream flood control work. (b) Description of alternatives to instream flood control work. (3) Identification and consideration of potential impacts of instream flood control work on the following instream uses and resources. (a) Fish resources. (b) Wildlife resources. (c) Scenic, aesthetic, and historic resources. (d) Navigation. (e) Water quality. !_] Hydrology. (g) Existing recreation. (h) Other. (4) Area of coverage for the comprehensive plan shall include, as a minimum, the area of the one-hundred year frequency flood plain within a reach of the watershed of sufficient length to ensure that a comprehensive evaluation can be made of the flood problems for a specific reach of the watershed. The plan may or may not include an entire watershed. Comprehensive plans shall also include flood hazard areas not subject to riverine flooding such as areas subject to coastal flooding, flash flooding, or flooding from inadequate drainage. Either the meander belt or ((regalatery)) floodway shall be identified on aerial photographs or maps which will be included with the plan. (5) Conclusion and proposed solution(s). The CFCMP shall be finalized by the following action from the appropriate local authority: (a) Evaluation of problems and needs; (b) Evaluation of alternative solutions; (c) Recommended corrective action(s) with proposed impact resolution measures for resource losses; and (d) corrective action priority. (61 A certificati... the a a depar+ + of ommuni v deyeloRnent that the local emarcencvetmanagement organization is administering an acceptable comprehensive margen v --a++..ns olan, AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 173-145-050 FLOOD PLAIN MANAGEMENT ACTIVITIES. ((Te--bc e}f9}b}e--for--fnad4ng_t? _??e,_},eea3--aetrherftries-wrFChin whee-}nr}adietien-the)) L?_a? itiriad+ctions within whi h flood tr 1 maintenance projects are located, must be engaging in flood plain management activities which will protect or prevent flood damages from occurring to future structures, works, and improvements within their jeurisdlat'on^A ((?Phe-aopnrtmerfti`ef eco-logy-she}}_.f.lrxl._thet-they-are) ) (1) ((Pert}efpatfng)) Participate in the National Flood Insurance Program (NFIP) and ((meeting)) moot all of the NFIP requirements. (2) ((eertily-ehrearyh-the-etnte- thet-mho--;see}-_meneryement-vxgaerimio+r-io-edmn4?nketer eecepteb}e-eeaprehene}ve-emerryeney-epernt}ens-p}anr)) (({8}-Reetriet4nry)) ggatrick land uses within the meander bolt or floodway of rivers to only flood compatible uses. ( 4 1 P?`a L M ;i (4) Flood plain management activities. The appropriate local p authority within whose jurisdiction projects are located shall be h " engaging in ((these)) aonroved ((eertafn)) flood plain management y activities which Protect or Prevent flood damaa s Prom occurring to 173- i n WAC existing and future structures or works and as described 145-050. (5) Budget report. Any eligible municipal corporation seeking FCAAP funds shall submit its annual report for flood control purposes to the county engineer within thirty calendar days after its final - adoption. Tha engineer shall then forward the budget report for county eligible municipal corporations and for the county ((sha}}-be-yuba fitted te-iiDOH-by--h3xe-eean4Y_.?ytg.}y?er-_ ?__?.? _{}inn.-FebrrarY-ii-e f-?.wery year)) to ecoloav The information will Provide the basis for d l er y p e ration of a o eliminary Plan for the most beneficial and or tion of FCAAP funds Soil conservation districts shall be exempt ll ?- oca a from the Provisions of this aectSon The budget report shall contain the following as a . Protect name of applicant name oP affected wet r body o a amount 11d .-T, roposed local funding t source. _ AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 173-145-040 COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN CFC P . The county engineer of the county within which the maintenance project is located must certify that the ((plnn)) CFCMP has been - completed and adopted by the appropriate local authority or is being prepared. Comorehen five flood control management Plans and env revisions to the Plans. must be aonroved by ecoloav. in consultation with the department of fisheries and game. The ((eemprehensfve--pl-an)) CFMP must be three years of the date that it is ithi d w n completed and adopte certified as being prepared. If after the three-year ogriod has nd adopted grants Pox t d l ,yA e e a elapsed such a plan hoe * been comp frond nPptrpl maintenance aroiects shall not be made to the county until authority may require the applicant to fully or partially fund the preparation of the CFCMP. The plan must include: (1) Determination of the need for flood control work. (a) Description of the watershed. (b) Identification of types of watershed flood problems. (e) Location and identification of specific problem arose. (d) Doscription of flood damage history. (e) Description of potential flood damages. (f) Short-term and long-term goals and objectives for the planning area. Doscription of rec?llntions which apply within the wetera e dine but no• iimitedo 1 nl shoreline management meeter progrnm9 pD?,?onlna eubdiv Ssion. end flood heznrd ordinnncss. (h1 Determination of i^°t^oam flood contro? k bping conl+ia nn w1t1> rgpl icnbla policloa end rag +?l ntiene. [31 4 c -d1 Aarr n (9) ((=P}eed--no.trel--zeeporniiridity"__.iy._?rf}?-.4w„sy,w,?ry reap ...Obi}4ty--wtrkyr-dne3vd'es--er--ts-vrc..-r.{iy.-related- -te-conMw3.i ing f}eed-walera; -prevention-ef-£load-demngea7-or-thrprotcet>iorrof-di-fr Kend property-from-f}eed-demngeer ----(dtJ))) "Flood plain management activities," ((pre-aotiroitiea-Kea defined)) Activities described in WAC 173-145-050 ((to-be)) performed by local governments through o: ?linances or other means to reduce the damaging effects of flooding. (({l&})) (101 "Floodway," ((means--thr-reg.lntery-•fioodvey--as 4e£4,.nd-1.70-146-0-20-f+4-))) The channel of a river or otl e watercourse and the sidiacent d argils that must be reserved in order tp discharge the base lone hundred year f'eauen v) flood without cumulatively increasing tree water surface elevation more than a designated height. (({}e})) (11) "Maintenance project," ((is)) The work necessary to preserve or restore the natural condition or to restore man-made flood control facilities to their former condition using in-kind replacement materials or acceptable alternatives. This work is necessary due to anticipated or actual damage or destruction from flooding by action or erosion, stream flow, sheet runoff, or other damages by the sea or other bodies of water. (({}3})) (12) "Meander belt," ((ia)) That portion of the flood plain, ( (far-'stremas-•Ctret--have-meandered-oven-±?ce:.l -k}mna,) ) that can be identified by the evidence of present and previous meanders. This shall include the present stream channel. Where there is no identified flood wAV - that ar why h has simira toooar"Ilic cha a f lsti s to present and hint stream channel= shall be Considered as a meander belt. AMENDATORY SECTION (Amending Order DE 85-30, filed 6/21/85) WAC 173-145-030 ELIGIBILITY CRITERIA FOR FCAAP FUNDS. Criteria to be used in determining eligibility (ref--en)) jay FCAAP ((prejeet application)) Ands are as follower (1) Eligible municipal corporation. The applicant mast be an eligible municipal corporation as dofinad in WAC 173-145-020(5). (2) Public benefit. ((lt-•ahai-l--bo)) The applicant mW& clearly de.onstrate((d)) that ((the)) their %MJprehpnely flood on l aenaaemont Plana and flood r main projects shall 11 ((display)) Further the general public and state interest as differentiated from a private interest and they shell bring about public benefits commensurate with FCAAP funds provided. of WAC)173-145 040 imustl be compliod management meby the appropriate local authority with flood control jurisdiction over the area where the proposed project is located. ( 2 ) ? ) - ' y ?f M t 15 ? ?! { 1 ! 1 r 1 y 1?i1' ? 7 d J I.. i~` l Y an `I' I l ri ?_.._?._-___..._ ____-__-_- _--_-?_?..?-_-?__?i ?' -za_.-...al__1__?. ?..?1.!.. _ ?_?:.._!_.....e I..a.. ..?-(. `.: e?. :S. WU'4.•,1. _!, ?d• AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 173-145-010 AUTHORITY AND PURPOSE. ((ehapter- by-the-act-)) allocated thereto. This chapter describes the manner in which ((WBeH)) ecoloav will implement the provisions of the act. AMENDATORY SECTION (Amending Order DE 85-10, filed 6/21/85) WAC 173-145-020 DEFINITIONS. For the purpose of this chapter ((and--enbaegnent--regnbat}ena--fermxi-aced--for- Flood,--ptcrkr-JmatlagefnHrt Pregrama-4n-Wftsh4ngtenT)) the following definitions shall be used: (1) "Applicant,," ((4e)) he eligible municipal corporation seeking matching funds for flood control maintenance work. (2) "Appropriate local authority,." ((4s)) A county, city, or town having planning and land use jurisdiction within ((the)) a given area which is covered by the comprehensive flood control management plan ((epeMP)). (3) "Comprehensive flood control management plan (CFCMP)," ((is)) 8 document which ( (prev4dee-a-•meerrr-of•-p}enn}ng-4er-anei•-evaluo-biK+g-tF.e }mPeeta-of-e--Heed-centres-prograrm-+e}th}n-a--rover-bas}n•r-an6bneia; -or ether-eree-te-enanre-that-work-done-en-apee4f4e-prejeet-eet4viH.a-4s eempat4h}e-uit}r-the-geese--and,-ebjeet4vea-Sor-the-eras--covrre&-by-t?}w p3en)) determines the need for flood control work considers alternatives to in-stream flood control work identifisa and considers notentiel impacts of in-stream flood control work on the state's in- stream resources, and identf Pise the river's meander belt or Pl oodwav, as described in WAC 173-145-040. (4) "County engineer,," ((4e)) The appointed public works director, county engineer, or the person designated to act for the county engineer. (5) bountiEligible municipal corporation," ((?ne3ndea--twtr-ia--not }4m4ted-te)) es, titles, towns, conservation districts, ((and)) flood control zone dietric?n. oT any special districts subject to flood conditions. ((wh4eh-have-lSeed-eentre?-reepene4b4}ftfee:)) (6) '-Emergency fund,-' ((4e)) That portion of the biennial appropriation allocated to the flood control assistance account which is sot aaide for emergency projects. (7) "Emergency project,,', ((de)) plood control work as dared by the epprosriato local authority and authorized and approved by ((WBeS)) ecoloav which must be done immediately to protect lives ((and)) pr property. (8) "Flood compatible land uses," Those uses of the land within the rlver'a meander bolt or floodway which comply with the minimum stale, federal, and local flood plain management regulations requirements. ( 1 ) .?T„ x. 4?aie1 r rl f ? ` -1 ?^yq t4 Sri . - l !? 1 y W F? N-, F . 5 5? t r r y v M ; a fs7X --Section 090 Flood control assistance account funding and matching requirements. The amendment changes the section's § title and deletes breakdown of FCAAP funds for non-emergency projects, emergency projects and Ecology administrative casts. The amendment adds language related to the availability of FCAAP funds for preparation of comprehensive e flood control management plans. The amendment adds language qualifying an intercount a enc formed d Ch r x s t y g y un er apter 86.13 RCW Fl d C t l b i ( oo on ro y Count es Jointly) to qualify for up to $100 000 in FCAAP funds per biennium , . --Section 100 Emergency fund administration. The amendment adds language clarifying that funds shall be available for unusual, unforseeable and emergent flood conditions and shall be allocated in amounts adequate for the preservation ' of life and property. The amendment deletes the requirement that the director of the department of ecology must approve the emergency project grants and deletes the maximum amount of money to be allocated for emergency projects. New lan i dd d t l i guage s a e o c ar fy that approval for funding emergency projects must be obtai ed f th d n rom e epartment of ecology prior to construction. --Section 110 Multiyear projects. The amendment deletes language regarding future appropriation by the legislature "'- . The amendment adds language clarifying the process for ,'- agreements which will continue for more than one biennium. '4 " --Section 120 Work standards for all FCAAP projects. The amendment deletes reference to the U.S. Army Corps of w s Engineers and U.S. Department of Agriculture Soil ". ` r Conservation Service and clarifies that the county engineer • shall consider all local, state, and federal standards and j specifications pertaining to flood control projects. M --Section 130 Project construction monitoring. The amend- ment clarifies that any authorized representative of the department of ecology shall have the right to enter at all reasonable times in or upon any public or private propert < for the purpose of monitoring and inspecting project work. --Section 140 Written agreements. The amendment adds language requiring notification when written agreements will t not be accepted or executed to allow ecology the opportunity to award prioritized unfunded projects. a-- p --Section 150 Equipment rental. Amendment deletes section. a 1 ??,,yr ?r --Section 155 Approval of changes to written agreements. r Amendment adds this as a new section. Any significant p + ti deviations from the conditions of an approved agreement or ' any changes to the total cost of the project must first be kh ' submitted to ecology for approval. ZO, }r?Ii??Y3 - k i L, n? k i ? d - _ o "??,t& d a AMENDMENT SUMMARY R hU . --Section 010 Authority and purpose - The amendment clarifies and elaborates on the authority and purpose of the rule. --Section 020 Definitions - The amendment adds the definitions "public benefit," and "special district," to the original rule. The amendment modifies the definitions of "appropriate local authority," "comprehensive flood control management plan," "eligible municipal corporation," "emergency project," "floodway," "maintenance project," and "meander belt." In addition, the definitions "flood control responsibility" and "regulatory floodway" are deleted. --Section 030 Eligibility Criteria for FCAAP funds - The amendment clarifies what is considered "public benefit" and "flood plain management activities" and adds budget report requirements. --Section 040 Comprehensive flood control management plan (CFCMP) - The amendment clarifies that comprehensive flood control management plans, and any revisions must be approved by ecology, in consultation with the departments of fisheries and game. The amendment clarifies the purpose and timing of the plans. In addition, the amendment requires the description of regulations which apply within the watershed and a determination that proposed instream work be consistent with the applicable policies and regulations. --Section 050 Flood plain management activities - The amendment clarifies that ecology must approve the flood plain management activities of the county, city, or town having jurisdiction over the area where a proposed project would be located. --Section 060 FCAAP project application process - The amendment adds the requirement that a detailed cost estimate identifying major project elements be submitted and that the county engineer shall furnish evidence that plans are adopted by the appropriate local authority. --Section 070 FCAAP project approval process - The amendment clarifies that affected parties may review and comment on the proposed project plans prior to approval. The amendment adds public notice and hearing provisions. --Section 080 Criteria for allocation of funds. The amendment changes the section's title and adds criteria for evaluating the priority given to proposals. _ .x enavdfesa ?? mE_ ?5 .rte :11??5 rt.r, 2 ANDREA REAM RPAUR c STATE OF WASMNGTON DEPARTMENT OF ECOLOGY Mail SLOP PV-11 • Otyrrrpia, Washington 98504,8711 • (205) 4596OW November 20, 1986 ON AMENDMENTS TO REGULATIONS FOR THE ADMINISTRATION OF INVITATION FOR PUBLIC THE FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM The Department of Ecology is seeking public comment on proposed amendments to regulations which implement Chapter 86.26 RCW State Participation in Flood Control Maintenance. The proposed amendments affect Chapter 173-145 WAC Administration of the Flood Control Assistance Account Program. Four public hearings have been scheduled to receive comments on the proposed amendments. * December 9th, 2:00 P.M. - Spokane, Department of Ecology Regional Office, Conference Room N. 4601 Monroe, Suite 100 * December 10th, 2:00 P.M. - Yakima, Department of Ecology Regional Office, Conference Root 1 3601 W. Washington * December 11th, 2:00 P.M. _ Redmond, Department of Ecology Regional Office, Conference Room A & B 4350 150th N.E. * December 12th, 2:00 P.M. _ Lacey, Department of Ecology Headquarter's Office, Room 273 Abbot Raphael Hall St. Martin's College Campus A summary and copy of the proposed amendments and a copy of Chapter 86.26 RCW are enclosed for your review. If you have any questions, please call Jerry Louthain at the Flood Plain Management Section, telephone (206) 459-6791. e a ? ANDREA BEATTY RINIKER ?4•tl., T^'? Director STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Mail Stop PV-1! • Olympia, Washington 98504-8711 • (206) 459.6000 , November 26, 1986 FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM The Flood Control Assistance Account Program (FCAAP) is established a under the authority of RCW 86.26 RCW State Participation in Flood Control Maintenance. The program assists local authorities in flood control maintenance projects with associated public benefits which maintain and restore the normal and reasonably stable river and r stream channel alignment and capacity for carrying flood waters with a minimum of damage from bank erosion or overflow onto adjacent lands and property. The Flood Control Assistance Account Program also seeks to restore, maintain, and repair natural conditions, works and structures for the maintenance of such conditions. Protection from inundation or other damage by the sea or other r,r bodies of water is also included. :- A local match of 50 percent is required for regular projects and emergency projects require a 20 percent local match. Certain planning and regulatory activities are required in order to be eligible for matching funds for maintenance project,. Local authorities must be practicing flood plain management activities that are approved by the Department of Ecology. The local authority must also adopt comprehensive flood control management plans and submit them to the Department of Ecology for approval. FCAAP funds are available for the development of comprehensive flood control management plans (CFCMP), with a 25 percent local match. Emphasis will be placed on funding comprehensive flood control management plans in the 1987-1989 biennium. Program regulations are being revised and are expected to become effective February 5, 1987. Guidelines for the 1987-1989 biennium will be available from the Department of Ecology after December 12, 1986. Applications are submitted through the appropriate county engineer. Applications are being accepted and are due by February 28, 1987. If you would like additional information on the regulations or guidelines, contact Jerry Louthain, Flood Plain Management Supervisor, Department of Ecology, Mail Stop PV-11, Olympia, WA 98504, (206) 459-6791, SCAN 585-6791. .e;Za. . November 26, 1986 page two Program Guidelines and application forms will be available at the workshops and copies will be mailed to eligible municipal corporations after December 12, 1986. Please contact Jerry Louthain at (206) 459-6791 or SCAN 585-6791 or Carl Glatze at (206) 459-6776 or SCAN 585-6776 if you have any questions regarding the program. ' Sincerely, a D. Rodney Mack Program Manager Shorelands and Coastal Zone Management Program Enclosures ..: 1 f6 ? ? + Y (t S } I L t { , f Zvf ? ? ? ??: 1 t ?r r r t. ? X i r ?? 11 1 I? ? + }? ! y r h ! - '? ?' • FL. J' 03.90 Alk 3 ? ANDREA BEATTY RINIKER Ya ??? !%a ^"' `? 1 F t Director .' 4f STATE OF WASHINGTON !job DEPARTMENT OF ECOLOGY Mad Stop PV-11 • Olympia, Washington 98504-8711 a LG06) 45 November 26, 1986 a 1v "' C7P rr€C? { Dear Potential Grant Applicant: Enclosed are the following materials for the Flood Control Assistance Account Program: State Participation in Flood Control Maintenance Act .> Fact Sheet Chapter 173-145 Washington Administrative Code, Administration of the Flood Control Assistance Account Program Chapter 86.26 RCW State Participation in Flood Control Maintenance The enclosed copy of Chapter 173-145 WAC is a proposed revised version. The following public hearings have been 'x scheduled to receive comments on the proposed amendments and you are invited to attend. Workshops to discuss the grant program will be held immediately following each public hearing. Applications are due February 28, 1987 and must be submitted to the Department of Ecology through the appropriate county engineer. * December 9th, 2:00 P.M. * December 10th, 2:00 P.M. * December 11th, 2:00 P.M. * December 12th, 2:00 F.M. Spokane, Department of Ecology Regional Office, Conference Room N. 4601 Monroe, Suite 100 Yakima, Department of Ecology Regional Office, Conference Room 1 3601 W. Washington Redmond, Department of Ecology Regional Office, Conference Room A & B 4350 150th N.E. Lacey, Department of Ecology Headquarter's Office, Room 273 Abbot Raphael Hall St. Martin's College campus S k S1 9 - t 7 z - R s r ( I +r e lhr k ?- r ?s rrA r, •' _ _.' sue.""",''?-` . M1 ,r ANDREA BEATTY RINIKER Director f STATE OF WASHINGTON DEPARTMENT Of ECOLOGY Atail Stop PV-11 . Olympia, Washington 985(14-8711 . (206)459{6000 October 18, 1985 Mr. Gary Rowe Jefferson County Public Works Director 1820 Jefferson Street Port Townsend, WA 98368 Dear Mr. Rowe: We are seeking your assistance toward establishing a listing of additional flood control maintenance projects for the Flood Control Assistance Account Program (FCAAP). - Even though all the money in this account is currently allotted it is +. , very possible that surplus money will become available during this biennium Thi ` A . s could be from money reserved for emergency projects or from nonemergency projects whi h h c ave a final cost less than the estimated maximum cost h s own on the grant agreements. - Please submit applications to us for new projects which you eligible for funding under this el ro ra b N b a - - p g m y ovem er 22, 1985 We will not consider project applications received after November 22. Before we can grant money for any projects, they must have approval from the State L ,. •,_ ,,, „".;& egislature. Project application forms are enclosed for your use. You may wish to furnish them and copies of this letter to other municipal corporations or special districts in your county which you feel may have potential projects, since they will not be receiving this letter. cerely, ?y 51, Jerry Louthain, Supervisor Floodplain Management Section Shorelands Division JL:sc Enclosure - - cc: Jim Dannenmiller _ Department of Ecology SCI ? S+a!7 i ! s t °?m'1,- ?i '? ,nS 5 ??? + ?'fE£`YI x?,'AR`"(t 2?`i "dgiE ??f• t FAQ ?i???? r r 'i ) , t 7 l y ?f 1 `l 1 f " ? S ? k Y )7Atff'E 5 . . r .( LLaaffyy c r ?1 3 ti u Y January 22, 1986 Page 2 You are also reminded that Chapter 173-145-030(5) WAC requires the r submission of flood control budget reports for FCAAP applicants by February 15, 1986. If you have any questions regarding the agreements of our request, please call me at 459-6791 or Grant Fredricks at 459-6776 in Olympia. -Siltcerely, Jerry Louthain Supervisor Floodplain Management JL:sc RECEIVED JAN 2 4 1986 JEFFERSON COUNTY ENGINEERS OFFICE ,F1 ? 'JP (? A?I ? ; s } yy84 ? n j .,r r '? . r ' { ? A., ( r ?? y . ,? h U f t .7 4 t'1' _ 4 f4, a ?? l r G ` s ? ? ?r l v , y?r d " 4 n i w A. L 1 I f tip. ? 1 ! 2wy ;? ic'7+ Yr- .4 1 7? !! C ? P; ,iAe( i5.. Q f 4-: r 0 ANDREA aEATTY RINREN f 2 . Director , P STATE OF WASHINGTON ? , tl DEPARTMENT OF ECOLOGY - Mail Stop PV-11 • Olympia, Washington 98564-8711 (zeb) 459-6000 January 22, 1986 Mr. Gary Rowe 4 Jefferson County Public Works s Director 1820 Jefferson Street ^ Port Townsend, WA 98368 " r Dear Mr. Rowe: 1 ? 'i Approved Flood Control Assistance _ STjgt' Account Program (FCAAP) Project Grants -+ This letter is a follow-up of my letter of September 4, 1985 which % forwarded two unsigned copies of each of the approved FCAAP project f grant agreements in your county. Appendix A of each agreement was to be completed, and both originals signed and returned to Department of Ecology for further processing. As of this date we have not received executed agreements for the following projects: °+ r } F 4g F 4 fi? c -: x Total County Project Name Estimated P i ?m r ority Applicant and Description Project Cost ^?? t cyGt 1 City of Pt. Townsend Beach Restoration 75 000 5 r ?tru st?f n , Pt. Townsend 2 Jefferson County Rock Creek Rip-Rap 20,000 f t, ! j We have administratively reserved 50 percent state matching funds for these projects which, with other counties, projects, nearly fully commits the $4 million appropriated for this biennium. We have also received applications for an additional $2.2 million worth of flood control maintenance projects in the event you or other projects come in under budget or are cancelled. To permit the timely reallocation of excess or unneeded funds, we request that by March 1, 1986 you: (a) advise us if any of the above projects have been deleted from the county program; or (b) complete and return the grant agreements provided in September. A program review is scheduled in early March to revalidate any project whose grant agreement is still unexecuted at that time. -CV- , 4 I x, ' ? r n 4? ?; 1. l? t r c ? W. 1 ` ?4 1 a ! ti _ I?? r„ ? ! 1 l1h BROWN AND CALDWELL CONSUI 3N 1a' April 7, 1987 Mr. Gary Rowe Public Works Jefferson County 1820 Jefferson Street Port Townsend, Washington 98368 0 RECEIVED APR 8 1987 JEF,PEpS0,%, COUNTY ENGINEEI:S OFIxICE 14-801 FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM The State of Washington Department of Ecology (DOE) is currently accepting applications b y county for the Flood Control Assistance Account Program. The program assists local authoriti i es n flood control maintenance projects such as those which maintain and restore river and stream channel capacities; restore, maintain, and repair natural conditions d an structures; or protect from damage by the sea or other bodies of w t i a er. A total of $4 million in state funds per biennium is set aside for this pro ram Th d g . e eadline for submittal of grant applications was March 31, 1987, but the state is still acce tin i p g appl cations for grants not intended to start on July 1, 1987. A condition of all grant agreements during the 1987-1989 biennium i s a certification relating to the development of a comprehensive flood control management l p an within three years from the date of signature of the grant agreement by DOE. Brown and C ld ll a we is very familiar with flood control man A agement and has already been contracted by one western Washington county to develop their 7 comprehensive flood control management plan. We are working with DOE to develo a l p p an useful to the county and set a precedent for future flood control plans. The Flood Control Assistance Account Program (FLAAP) is established under the authorit of RCW 8 7j $' T y 6.26, State Participation in Flood Control Maintenance. If you are interested in obtainin informati . ca`a g on regarding this program, you can contact Jerry Louthain at 459-6791 in the Flood Plain Management Section of the Department of Ec l 1 4^"3 o ogy. h " I will call you in a week to see if we can assist you in this program and discuss your flood control needs in the future or please fe l f e ree to call me at 281-4000. BROWN AND CALDWELL GPk? 4. 4?4? Ph l i M? y s A. Brunner, P.E. PAB: s jw cc: Mr. Jerry Louthain, Washington Department of Ecology t< 10(1 WF. SI NANIF?S(N, 51HLf1 5(AI iI F.. WA ON1i5 • ITWITNiNtMq ? 1 ry l F F??' 7 tL - 'r l 1 s' I t `J ' Y { y \ 1 . ?Jf?. f i J ?f ' , V ` ''' Irllr r _ ? , ? ? ?T1 ` ?1 { 92? ? r ?? I?3C7AafM? ti 41 } W , y,?, ?4" ? ?i fa , a : ?t t? i t t J -A ee'._ Zri - Flood Control Assistance 173-145-070 c- . x . ' (h) Other, include.. affected water body, project summary, location, amount (F- (4) Area of coverage for the comprehensive plan shall of local match, and proposed local funding source; ,F € s. e, as a minimum, the area of the one-hundred- (b) A detailed cost estimate identifying major project Y year frequency flood plain within a reach of the water- elements; " ' - shed of sufficient length to ensure that a comprehensive (c) A map to identify water body names, stream river ` evaluation can be made of the flood problems for a spe- mile, section-township-rangy, cifc reach of the watershed. The plan may or may not (d) Construction plans; and include an entire watershed. Comprehensive plans shall (e) A description of the project benefits which de- • - also include flood hazard areas not subject to riverine scribe how the project will mitigate flood damages and 3c,. - flooding such as areas subject to coastal flooding, flash describe development which exists on adjacent and flooding, or flooding from inadequate drainage. Either nearby lands which are protected by the facility . the meander belt or roadway shall be identified on aer- (2) The applicant shall review the preliminary project , r p r ial photographs or maps which will be included with the proposal with the county engineer, the Washington de- plan. partments of fisheries or game and the department of t ''r (5) Conclusion and proposed solution(s). The CFCMP natural resources and any affected Indian tribes. - or - shall be finalized by the following action from the ap• (3) The applicant shall submit a prioritized list of r ' propriasc local authority: project applications to the county engineer. F (aa) Evaluation of problems and needs; (4) The county engineer shall submit a prioritized list () Evaluation of alternative solutions; of all project applications within the county to ecology.i dd Recommended corrective sourcs) with proposed (5) The county engineer shall furnish evidence to impact resolution measures for resourcee losses; and (d) Corrective action ecology [hat the comprehensive flood control manage- ?' +r' priority. meat plan described in WAC 173-145-040 is being pre - (6) A certification from the state department of com- pared or is completed and adopted by the appropriate munity development that the local emergency manage- local authority or and the flood plain management ac- F meat organization is administering an acceptable tivitim described in WAC 173-145-050 are being im- , comprehensive emergency operations plan. [Statutory plemented. [Statutory Authority: Chapter 86.26 RCW.w*" Awhority: Chapter 86.26 RCW. 87-04-022 (Order 86- 87-04-022 _ 36), § 173-145-040, filed 1/28/87; 85-14-002 (Order (Order 86-36), § 173-145-060, filed 85(Order (Order DE 85-10), § 1 - 0, file - DE 85-10), § 173-145-040, filed 1/28/87; 6/21/85.] 060, filed 6/21/85.] .. d 's (( WAC 173-145-050 Flood plain management activi- WAC 173-145-070 FCAAP project approval pro. a f t P Iles. Local jurisdictions within which flood control eels. The project approval process for the eligible mu- ,v maintenance projects are located, must be engaging in flood plain management activities. Pursuant to chapter nicipal corporations' applications shall include the following in the general sequence given. C , - 86.26 RCW the director of the department of ecology (1) Ecology will review all projects for compliance must approve the flood plain management activities of with the requirements pursuant to this chapter and ?r the county, city, or town having jurisdiction over the chapter 86.26 RCW. " i s area where the project will be located. To be eligible for (2) Ecology shall consult with the state departments -t FCAAP funding the local jurisdiction shall be required of fisheries and game in the development of a project }-, lo: ". priority list. The state department of natural resources, r (1) Participate in the National Flood Insurance Pro. affected Indian tribes, and other affected parties may v gram (NFIP) and meet all of the NFIP requirements. review and comment on the proposed project plans prior (2) Restrict land uses within the meander belt or to approval. „q?„es?."- of floodway of rivers to only flood compatible uses. Where (3) Thirty days public notice shall be given that the -V applicable, adopted shoreline management master pro- project priority list will be the subject of a public hear- r grams will be considered a minimum land use measure. Ing. Notice of this hearing shall appear in the state reg- [Statutory Authority: Chapter 86.26 RCW. 67-04-022 inter pursuant to chapter 74.06 RCW. (Order 86-36), § 173-145-050, filed 1/28/87, 85-14- (4) The project priority list will be available at the r 002 (Order DE 85-10), § 173-145-050, filed 6/21/85.1 flood plain management section of the department he WAC ecology, at least fifteen days prior to the public hearing, y 173-project application 0 FCAAP project se eligible (5) The public comments will be reviewed and ecology w Ile process. _ t municipal The corrporatirations' process for [he eligible shall approve the project priority list as proposed or as i applications ce gshall include the ? revised in accordance with public comments. ' _ i following in the general sequence given. (6) Ecology shall prepare and finalize the written r j, l tl r (1) The applicant shall prepare the project application agreements with the counties. r r : ' to comply with the provisions of chapter 86.26 RCW O 7 t 4 and this chapter. The application shall be made on o The counties shall prepare and finalize the written _ f PP agreements with the involved eligible municipal corpora. 1st ''`'4 t 1 form furnished by ecology. A complete application shall lions within the county r { ?? } i 4 include the following: ' r p (8) The construction plans and specifications shall be { IW (a) A written description of the project containing the prepared by the applicant for approval by the county t r 1 X,? following as a minimum: Name of applicant, name of engineer prior to submission to ecology for review and :4 1 > >i al it .,, t i a s) ;1 .ri U/:K/Y71 1CM. 173-113 wAC-o 31 ?iv ? r r r r 1 I t+. i t ; rf ?? ' r t 1+ S Irs f ? IJ r F? + 15,11 te? 4 It y r ,ll? a ..yf 11 };i?r. Tr• 7 '' +ar 4f 1 stir r }I }' '? l f 1 Qj?rt li i J v rYp""????a CCC ? I ?? t " , d -' 173-145-020 Flood Control Assistance (13) "Meander belt." That portion of the flood plain, WAC 173-145-040 Comprehensive flood control e that can be identified by the evidence of present and management Plan (CFCMP). The county engineer of the\ '` /. previous meanders. This shall include the present stream county within which the maintenance project is located 1--- . channel. Where there is no identified floodway, that area must certify that the CFCMP has been completed and which is Boodprone and has similar topographic charac. adopted by the appropriate local authority or is being ^'' •? x lerislics to present and historic stream channels shall be prepared. Comprehensive flood control 7 considered as a meander bell. management { plans, and any revisions to the plans, must be approved (14) "Public benefit." Benefit to the health, safely, or by ecology, in consultation with the department of fish. general welfare of the citizens of the state or community cries and game. The (CFCMP) must be completed and at large which results from a ?ood control project or adopted within three years of the date that it is certified '_? '^'• plan, or some benefit by which their rights or liabilities as being prepared. If, after the three-year period has are affected such as an effect on public property or fa- elapsed, such a plan has not been completed and _ cilitics owned or maintained by an eligible municipal adopted, grants for flood control maintenance projects k r corporation. shall not be made to the county for projects by the up- (15) Special district." A district as defined in chap- propriatc local authority until the CFCMP is completed d ter 85.38 RCW which is either a diking district; a and adopted by the appropriate local authority. During c drainage district; a diking, drainage, and/or sewerage the three-year period, projects within a drainage area, improvement district; an intercounty diking and drain. designated as the CFCMP study area, may be funded as X v _ age district; a consolidated diking district, drainage dis. part of a phased project plan, provided preliminary p: ' - trio, diking improvement district, and/or drainage studies for The CFCMP have been conducted to identify •,. ?;.q A? ,, improvement district; or a flood control district. (Statu. the onc-hundred-year frequency flood plain problem ar- tury Authority: Chapter 86.26 RCW. 87-04-022 (Order ms, and factors contributing to flooding; and provided a. u 86-36), § 173-145-020, filed 1/28/87; 85-14-002 (Or- that the proposed ) projects have been prioritized to -6 ?It•der DE 85-10), § 173-145-020, filed 6/21/85.] achieve the greatest efficiency in flood control for the WAC 173-145-030 Eligibility criteria for FCAAP overall CFCMP study area. These limitations on grants Al ?'- s funds. Criteria to be used in determining eli % bilit FCAAP funds arc as follows: for shall not preclude allocations for emergency purposes Y made pursuant to RCW 86.26.060. The appropriate lo. _ M t Y: cal authority may require the applicant to fully or par. (1) Eligible municipal corporation. The applicant' tially fund the preparation of the CFCMP. The Ian must be an eligible municipal corporation as defined in must include: P WAC 173-145-020(6). (1) Determination of the need for flood control work. 4 (2) Public benefit. The applicant must demonstrate (a) Description of the watershed. } .f si that their comprehensive flood control management (b) Identification of types of watershed flood 0 ' J . ! plans and flood control maintenance projects shall fur- problems. lher the general public and state interest as differenti- M,g?y 8 1 ated from a private interest and That they shall bring areas Location and identification or specific problem :a h about public benefits commensurate with FCAAP funds (d) Description of flood damage history. provided. (3) Comprehensive flood control management plan. (e) Description of potential flood damages. The requirements of WAC 173-145-040 must be cam- ( P Short-term and long-term goals and objectives for plied with by the appropriate local authority with flood the lannin area. +) (g) Description of regulations which apply within the control jurisdiction over the area where the proposed watershed, including but not limited to local shoreline 's project is located. management master programs, and zoning, subdivision, 'rv s'rry. el (4) Flood plain management activities. The appropri- and flood hazard ordinances. ate local authority within whose jurisdiction projects arc ° located shall be engaging toapproved flood plain man- ing (h) consistent Dstent with with applicable instream flood control work policies and regulations. be. . ?.. agemenl activities as described in WAC 173-145-050. (2) Alternative flood control work. (5) Budget report. Any eligible municipal corporation (a) Description of potential measures of instream seeking FCAAP funds shall submit its annual budget for Bond control flood control work, purposes to the county engineer within (b) Description of alternatives to instrcam flood con- = +5,' thirty calendar days after its final adoption. The county trot work. f engineer shall then forward the budget report for eligible (3) Identification and consideration of potential im. i +r municipal corporations and for the county to ecology. pacts or instrcam flood control work on the following in. + The information will provide the basis for of preparation stream use, and resources, a preliminary plan for the most beneficial and orderly (a) Fish resources. '?r 1 > -? allocation of FCAAP fundv. Soil conservation districts + shall be exempt from the (b) cni, Wildlife resources, r _ pnof this section. (c) Scenic, aesthetic, and historic resources, a'!< + + ter -'A (Statutory Authority: Chapter 86.26 RCW. 87-04-022 -46 (d) Navigation. (Order 86). § 173-145-030, filed 1/28/87; 85-54- (e) Witter quality. •r„! 7 z 002 (Order DE 85-10), § 173-145-030, filed 6/21/85.1 (q Hydrology. (g) Existing recreation. r I[1. 173-I45 WAC- 31 `. 7 r f 1 f .L" u`X f E Lf?kS? 1 I + ray ro ? 'L I ? ; ? 1 ) a..r r ? fa'9 c4 YP + h t 0.a .kr vt .?a;,,,x.f. ,?t) a ( r 9 x.t I7,raS &t i au ?? 5 dlli r b ? ? ?` l d ? t ? rr #"71 "?I t: ?t j t t Y ?zP ?r , ? r ? ?l. I 4 r l g1% ) t t x to i'M 4 - EVALUATE CAPACITY OF EXISTING DRAINAGE SYSTEM 4.1 Analyze stormwater conveyance systems considering selected design rainfall events. 5 - FORMULATE ALTERNATIVE SOLUTIONS 5.1 Formulate regional or basin-wide criteria addressing basin' " needs and problems. 5.2 Develop conceptual alternatives, considering existing and future development patterns, general siting, and sizing options. 5.3 Review conceptual alternatives with the Advisory Committee. 5.4 Develop regional alternatives. 5.5 Prepare technical memorandum summarizing feasible alterna- tives selected for further evaluation. 5.6 Evaluate alternatives in terms of goals and objectives de- veloped in Task 1. 5.7 Evaluate feasible alternatives in terns of environmental impacts (fisheries and wildlife; scenic, aesthetic, and historic concerns; water quality; future land use; recre- ation and navigation). 6 - PREPARE RECOMMENDED PLAN 6.1 Prepare recommended solutions for each drainage basin. 6.2 Prepare recommended policies for successful plan implementa- tion. 6.3 Prepare recommendations for specific project funding. 6.4 Prepare an implementation schedule. 6.5 Develop presentation material and make public meeting presentations. 6.6 Prepare a draft plan report for advisory board evaluation and incorporate advisory board recommendations to the board of county commissioners. 6.7 Prepare final plan report incorporating board of county com- missioners approved recommendations as the conclusion. Project Completion Date: June 30, 1989 A-2 MUNICIPAL CORPORATION (Applicant): Klickitat County a. GRANTEE: Klickitat County Project Title: Klickitat County Comprehensive Flood Control Management Plan Project Description: The Klickitat County Planning Department will develop a comprehensive flood control management plan for ' F. Klickitat County, with assistance provided by the Klickitat County 1 Public Works Department and the public works departments of the cities of Bingen, Goldendale, and White Salmon. The following outline summarizes the major project elements: 1 - PREPARE STUDY GOALS, OBJECTIVES, AND TECHNICAL REPORTS u 1.1 Define drainage basins and jurisdictional boundaries. 1.2 Identify and summarize historical flooding problems. c 1.3 Develop and prioritize goals and objectives. 1.4 Identify and describe existing flood control related regulations. 1.5 Collect existing data and information. 6. _ 1.6 Establish base mapping requirements. 1.7 Establish report graphics mapping format. 1.8 Prepare a glossary of common drainage terms to be used in , . Plan. 2 - DEFINE MAPPING REQUIREMENTS 2.1 Prepare mapping specifications. 2.2 Develop preliminary or base maps. 3 - PROCURE PERSONAL COMPUTER FOR MAPPING AND DATA INVENTORY 3.1 Prepare computer specifications. 3.2 Obtain computer bids and procure equipment. 3.3 System setup. 3.4 Formal training sessions for county staff. A-1 -LZ mks * F. p Ut 4 - FORMULATE ALTERNATIVE SOLUTIONS 4.1 Formulate planning criteria addressing basin drainage problems, and considering storm dr i a nage policies, design criteria, level of flood protection desired, structural and non-structural riorit h " ' p y c ecklist, and maintenance procedures. 4.2 Develop conceptual alternatives, considering existing and planned land use patterns, general siting, maintenance procedures and , sizing options. 4 3 . Review conceptual alternatives with an advisory committee. 4.4 Develop alternatives for each basin and s bb i w? u as n. 4.5 Prepare technical memorandum summarizing feasible alterna- tives selected for further evaluati a on. 4.6 Evaluate alternatives in terms of goals and objectives developed in Task 1. k , t °Y 4.7 Evaluate feasible alternatives in terms of environmental im act i y- ? p s (f sheries and wildlife; scenic, aesthetic, and historic concerns; water qualit f t ' y; u ure land use; recreation and navigation). 5 - PREPARE RECOMMENDED PLAN -3" 5.1 Prepare recommended solutions for each drainage basin. 5.2 Prepare recommended policies for x_ successful plan implementation. 5.3 Prepare recommendations for specific project funding. 5.4 Prepare an implementation sch d l »+ e u e. 5.5 Develop presentation material and make public meeting presentations. 5.6 Prepare a draft plan report for advisory board evaluation and incorporate advisory board recommendations to the s city council. 5.7 Prepare final plan report incorporating city council approved recommendations, formal policies, ordinances, and development standards as the conclusion. ,w Project Completion Date: June 30, 1989 A-2 ce I 0 E APPENDIX A Flood Control Assistance Account Program Grant Agreement PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant): City of Kennewick GRANTEE: City of Kennewick Project Title: City of Kennewick Comprehensive Flood Control Management Plan Project Description: The City of Kennewick will develop a compre- hensive flood control management plan for its urban growth area, including unincorporated areas. The following outline summarizes the major project elements: 1 - PREPARE STUDY GOALS, OBJECTIVES, AND TECHNICAL REPORTS 1.1 Identify regional drainage basins, subbasins, existing floodplain, and jurisdictional boundaries. 1.2 Identify and summarize historical flooding problems. 1.3 Develop and prioritize goals and objectives. 1.4 Identify and describe existing flood control related regulations. 1.5 Collect existing data on storm drainage systems. 1.6 Establish base mapping requirements. 1.7 Establish report graphics mapping format. 1.8 Prepare a glossary of common drainage terms to be used in plan. 2 - DEFINE MAPPING REQUIREMENTS 2.1 Prepare mapping specifications. 2.2 Develop preliminary or base maps. 3 - EVALUATE CAPACITY OF EXISTING DRAINAGE SYSTEM 3.1 Conduct hydrological evaluation of stormwater drainage systems considering selected design rainfall events. 3.2 Evaluate drywell data. A-1 tea, azi'm+?ii _ C +5r u _ ' 7 - FORMULATE ALTERNATIVE SOLUTIONS 7.1 Formulate regional or basin-wide criteria addressing basin W needs and problems. 7.2 Develop conceptual alternati y ves, considering existing and future development patterns, general siting and sizing i ' pt ons. 7.3 Review conceptual alternatives with the Technical Committee. 7.4 Develop regional alternativ es. 7.5 Develop cost estimating model. --'s . ' 7.6 Develop preliminary alternative cost estimates. 7.7 Prepare technical me d ; moran um summarizing feasible alterna- Lives selected fo f $ r urther evaluation. " 7.8 Evaluate alternatives in terms of goals and objectives de- veloped in Task 1. 7.9 Prepare a cost/dama e/be fit E g ne analysis for each alternative. 7.10 Evaluate feasible alternatives in terms of environme t l " 3 n a impacts (fisheries and wildlife; scenic, aesthetic, and historic concerns; water qualit f ; s w ' y; uture land use; recre- ation and navigation). PREPARE RECOMMENDED PLAN ? 8.1 Prepare recommended solutions for each drainage basin. 8.2 Prepare recommended policie f 3 s or successful plan implementa- tion. , 8.3 Prepare recommendations for specific project funding. 8.4 Prepare an implementatio n schedule. 8.5 Develo p presentation material and make 6 public meetin r , g presentations. 8.6 Prepare a draft master plan report for the project area. 8.7 Prepare final master la ? p n report and review and approval. Project Completion Date: June 30, 1989 t. A-3 g, Y 71 . vs - - - f a ? ? - Atfl. f` 2 - PROCURE AERIAL MAPPING 2.1 Prepare mapping specifications. 2.2 Mapping contract and coordination with subcontractor. 2.3 Produce rectified aerial photographs. T ?') 3 - PROCURE, INSTALL AND MONITOR RAINFALL AND STREAM FLOW GAGES 3.1 Prepare design concept memorandum. 3.2 Prepare a design for rainfall and streamflow gage monitoring system. 3.3 Procure monitoring equipment. 3.4 Install monitoring system. 3.5 Calibrate stream gages. y 3.6 3 7 Develop monitoring system operation guidelines. O . perate and maintain monitoring system. 3.8 Train county staff in system operation, maintenance, and data collection and 3.9 management. Compile and analyze up to three storms for computer model calibration. 4 - PROCURE PERSONAL COMPUTERS FOR HYDROLOGIC/HYDRAULIC COMPUTER MODELING AND CONDUCT MODEL TRAINING q 4.1 Prepare computer specifications 4.2 4.3 . Obtain computer bids and procure equipment. System setup. . , r 4.4 4.5 Formal training sessions for county staff. Informal training and assistance t y o county staff in preparing input data and coding forms . ., f, 5 - DEVELOP HYDROLOGIC AND HYDRAULIC COMPUTER MODELS g 5.1 Prepare hydrologic computer models. 5.2 Evaluate preliminary hydrologic computer models. 5.3 Calibrate hydrologic computer models to gage data. 5.4 Determine existing and future condition flood events. 5.5 Prepare hydraulic computer models. 5.6 Analyze water surface profiles. 5.7 Prepare facilities sizing model. 5.8 Prepare documentation of computer models. 6 - EVALUATE CAPACITY OF EXISTING DRAINAGE SYSTEM 6.1 Analyze stormwater conveyance systems considering selected design rainfall events. A-2 A ?a y - I w ?' h_ ?'' it ?,. j _ d< i n ek M- ,m• r a •s ?' ri ? °\4 ku- A ?A; ? a F F r, ;t f i .°a . E r: APPENDIX A Flood Control Assistance Account Program Grant Agreement PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant): Cowlitz County GRANTEE: Cowlitz County Project Title: Lower Cowlitz River Comprehensive Flood Control Management Plan Project Description: Cowlitz County will develop a comprehensive flood control management plan for the Lower Cowlitz River and ciesVwithKfloodacontrol responsibilities. ThebLower hCowlitz River Stormwater Drainage Plan will be considered a component of Cowlitz County's comprehensive flood control management plan. Any future grant agreements will require similar planning efforts for drain- age basins where Flood Control Assistance Account Program funds for maintenance projects are proposed. The following outline summarizes the major project elements: 1 - PREPARE STUDY GOALS, OBJECTIVES AND TECHNICAL REPORTS 1.1 Define preliminary drainage basin and jurisdictional boundaries. 1.2 Identify and summarize historical flooding problems. 1.3 Develop and prioritize goals and objectives. 1.4 Identify and describe existing flood control related regulations. 1.5 Collection existing data and information. 1.6 Establish base mapping and survey requirements. 1.7 Establish report graphics mapping format. 1.8 Evaluate and select design rainfall events. 1.9 Prepare hydrologic criteria for computer modeling. 1.10 Establish an ultimate development boundary for simulating future development drainage conditions. 1.11 Establish criteria to be used in the development of alternative drainage structures. 1.12 Prepare a glossary of common drainage terms to be used in plan. 1.13 Prepare a report document compiling above technical memo sndums to serve as a guidance tool for development of plan elements. A-1 447 Lr? y r 1 4 h ? i 1 ? ? h r 1 i , .f ir_ * r J I F ' a??r ,? 1 •1 1 3.2 Describe alternatives to in-stream flood control measures, considering existing and planned land use patterns, general siting, maintenance procedures, and sizing options. 4 - EVALUATE POTENTIAL IMPACTS OF ALTERNATIVE IN-STREAM FLOOD CONTROL MEASURES 4.1 Evaluate feasible alternatives in terms of environmental impacts (fish and wildlife resources; scenic, aesthetic, and historic resources; water quality; future land use; recreation and navigation). 5 - EVALUATE AND PRIORITIZE PROPOSED STRUCTURAL AND NON-STRUCTURAL FLOOD CONTROL MEASURES 5.1 Evaluate problems and needs. 5.2 Evaluate alternative solutions. 5.3 Develop options with proposed impact resolution measures for resource losses. 5.4 Prioritize alternative solutions. 6 - PREPARE RECOMMENDED PLAN 6.1 Prepare recommended solutions for each drainage basin and subbasin, considering the goals and objectives developed in Task 2.3. 6.2 Prepare technical memorandum summarizing feasible alterna- tives selected for further evaluation. 6.3 Prepare recommended policies for successful plan implementation. 6.4 Prepare recommendations for specific project funding. 6.5 Prepare an implementation schedule. 6.6 Develop presentation material and make public meeting presentations. 6.7 Prepare a draft plan report for county commissioners evaluation. 6.8 Prepare final plan report incorporating county commissioner approved recommendations, formal policies, ordinances, and development standards as the conclusion. 7 - ADMINISTRATIVE COSTS 7.1 Administrative costs include: salaries and benefits, supplies, travel, printing/copying, telephone, contractual services preparation, and indirect expenses. Project Completion Date: June 30, 1989 A-2 a. i z ? x l ict{?' ' r ? ? ? ° ( ? ,d,?`t r r r !??* '? { 6mi ?Mt+y{pf ?,lv.€r' I"`d?r Y1 r a , d?f, a V4 " RS's( t B 7 r:7 4 ? t l ,I?'r i. 1 P ' Z r a".? ! 4 y?? r APPENDIX A Flood Control Assistance Account Program Grant Agreement r o +u PROJECT DESCRIPTION %a MUNICIPAL CORPORATION (Applicant): Skagit County GRANTEE: Skagit County Project Title: Skagit County Comprehensive Flood Control Management Plan Project Description: Skagit County will develop a comprehensive flood control management plan for Skagit county includin the i - , g n corporated areas of Mount Vernon and Anacortes. The following outline summarizes the major project elements: 1 - INITIATE DEVELOPMENT OF PLAN 1.1 Collect existing information on flood control and drainage systems. 1.2 Establish base mapping requirements. 1.3 Establish report graphics format. 1.4 Prepare a glossary of common draina e terms t b d i g o e use n plan. y 2 - EVALUATE PROBLEMS AND CURRENT LEGISLATIVE RESPONSES . 2.1 Identify regional drainage basins, subbasins, existing floodplain, and jurisdictional boundaries; including the meander belts or floodways of the Sk it d i s ag an Sam sh Rivers, areas of coastal flooding, flash flooding, and flooding due to inadequate storm water drainage. 2.2 Identify and summarize historical and potential floodin g problems. [p' ' 2.3 Develop and prioritize goals and objectives. ;^a z,+ 2.4 Identify and describe existing flood control-related t` regulations. 2.5 Evaluate consistency of in-stream flood control work with applicable policies and regulations. 3 - EVALUATE ALTERNATIVE IN-STREAM FLOOD CONTROL MEASURES 3.1 Describe potential in-stream flood control measures, considering storm drainage policies, design criteria, and level of flood protection desired. , A-1 t 1;?",}??3?Y5 ..' Mko "A g t l r r KA r a ? a ' 'At ti dd? ?, a f sra? ar' ? rr i mq .1' OV?AVQQ PUP h3} r1 au aq if NON v ?rw1 ? ?1 f w i+h$t5. tl rya u4Yt.t?• ?y{?? I r t A ? ?. ? r I 1- iw _ Dot ? n Alb ],tpu?lt4 z -`i s a3 ,n r," ? a "?. + r ? 5 tw E ?y cr^ 4 rar?w?? ?^ ? ? ? t c; ? s r r M1? ?w `? wt ?`?,r r 4?`. ?' r?A n 1 r r"f r s k a l? t 1 t 4+? ? 1`1' ? jh 1Zl t??G))' F,n x1 r ?tiy? ? ?{, ?_i_ ! ?k? r?? ?p r <f ht r w r !? 7M1 '^ f, .1' .":?1 f{Y?J f ECi' ASSIS'E ' ` OR PR(11 'TF['PLICATION I OGIW4 ` ' PR COUMI FLOOD CONTROL ASSISTN4M AC (CH. 86.26 RCFI) Gµ ?, . 11 1. NAME AND ADDRESS OF APPLICANT (County or Municipal corporation with mailing and location address) Jefferson County PubLLc Works Courthouse Port Townsend, WA 98368 ?. Y? e Vk1 ?? 4. PROJECT CONTACT PERSON Name Brian L SheL nn , e E - Address Courthouse F i Port Townsend, WA 98368 ?? LL PYt?ne ? Title # 385-2 Director . 4 ' ?A 5. ESTIMATED PROJJECT COST (Dollars) . ;. 50% State Cunt 50% Local Share i Other Total Cost $40.000 r? w^ ..+rti. . ?ltaa ? : r ^''?`_Q, ..,'{ •?, gLOCO FREQUENCY PFa7TECTION PROVIDED BY PROJECT FACILITY Y Prior Yrs; Present Years; Future Years Not Applicable 7. BRIEF DESCRIPTION OF PRCJ6xT BENEFITS - Describe the development which exists on ct will mitigate flood damages. lands protected by project facility and how this proje (Attach detailed description if necessary) See attached 8. (FOR USE BY CITIES AND TONNS ONLY) 7 y pIAt ? NT'S COMPREHENSIVE FLOOD CONTROL MANAGE11W r WIRT IS qW STATUS OF APPLICA d C-D Preparation Underway O Anticipated cznpletion Date _ t l e e Carp 9 SI(NATURE OF AUTHORIZED APPLICANT REPRESENTATIVE .cc . 385-3505 Typed Nam and Title Brian L. Shelton, P.E., DLr_ ector Phone q Scan 576-?- Date ' PLAN (FOR 711IS PROJECT) MANN T FLOOD CONTROL aL t 10. > , STATUS OF CCT4'E EIi NSIVF X Preparation Underway OAnticipated Completion Date t d l O e e Comp Date _.- ?? __ ( .r.«p _ - _. En sneer Certification te by County knowledge g -- na (to o the of my my knowledge tM Ywu Cou of 4 3 r yip y 4-j _ Rat g iority nt SED 10-24-84 ItFVI 1 o ??r ?..' ? ? ? I? rM±tr, ' • ; ? f^ t? wi? ??, n>,??.L?'??, _ r?i ?.1r ?i .?.'Y?:l'y??7,ti?'r m ? i i- d ? .' EMEIV.ENCY PRO.IH" 2. COUNTY FTZINEEH ,?'.i* ... Name: Brian L Shelton P.E. a'.r. Address: Courthouse Port Townsend, Phone # 385-3505 TVA 98368 Scan 576-7064 3. PROJECT TITLE, DESCRIPTION AND LCCATICN , (Attach vicinity map and sketch to identify n F' water body name, stream river mile and general plan map; section, township, range, etc.) SOUTH BOGACHIEL RIVER BANK PROTECTION Place rLp rap bank protectLon and restore and stabLLLze slope onthe south bank of the BogachLeL RLver (R.M. 19.0) Ln Sec. 1, T. 27 N. R 13V W.M. Project duration 3 mo%x Unincorporated Area ,O Incorporated Area O Name of City or Town mod. a. ? -, I SOUTH $OGnGH1El_ RI:VER EAN I' i I ill'c:::" I()N u• PROJF:'t"f DESCRIPTION ?he work to be accomplished o thi prc)!(,rt co: i _t or plnr1in I oprw:]m-itP,ly 500 linear -r t !' wink pvo(ecti. ,n long I,he =,o'lh c(.l ? -_ b,nk of the Bogochiel. Rive at R. N. anc restoring the ul rii.il ??• slope: to its natural condition T )rrmosed b•anK prcAection will L),. constructed onppror.am,rte.) 1,00 c ab:ic yard. , o4 oovey rap rap. PROJECT BENEFITS The I)ogac-hiel River is n w i ld i.••: r 1 at, n,eanar-n thrrugh r. t o4? 7) I .+. s ?' and is subject to shifts of i. m;ii cannei •s.an i g b nK err.; i.c.i ud washout's along its cou^ce. I) r:I..'eP nn= 17.rvo,1 rffi.•r.entli In tr Icst _ `?'"" •` t.wo )ears to cause the ero.;i_a, c:,i' the tar of +.hc bunk :I.n the FrC: iv-t r rreo resulting in a slide tl 0 a -d tt Li.]cth f,ogat 1 " ,aI to _It ci el. ,p ress cracKtny t:, a t t nc l( ) o e t Will I:r0 t a -.h: toe of the banK. allowanq fu: the rbalr...at,l.n o. ,he 11.4 s county road. the Sauth kcoq -a t- hje7. Pr ar :1. S o i:.J cctSP rrn.c. crv.cnc; Y atn'.t. 8.i oermonent, residents 11.71.1 more rF".It.,l.iarn] i prop,- riins. The road is the only ac,_E_.., sr• t.lir•,e;in praoert)c'? cad res i. den s. _ ? ? ?' - t at t r v t 4 r t JL ?` t ' k r' t i •r _ Y7 R+ S7 1? ,? irk fir. / -. J 1- 1 r Y ' 1 1 S 4 ? t t Y: Y IZ '? r ,,,1 c ? s , "? ' urn aF+ t r , ttr h ? t ' I i, r I n?_Hi d + n 1?7 ? t I? !h ?V' (^ F ? r H L. N 4? ? f ?3'g. t ?, r ! }•,d ?? t` t9 n4dH i; !I. r lh: t , a I CL14EHAL HIGHWAY MAP JEFFERSON COUNTY _ WASHINGTON LOCATION pROJE?T ?..<<,? c0-T, k -- ?- f , . \ a? r z N;. ? ;u+?49 r??;r N J . 1 ? ?r `4 f ?dn 0 (/1 iY Wh W V N Y O 0 0? V • z ? X ,.N co Cl) q 12 W L h o' a0 + r u tr LLJ cn ti ? t `' ?V" ° r \ l7 ` Q Z eO fi a Y ` IY Q W sz z ? ? a v I lu we W 7 j 7 7 r 0 ' X 1 ? fA Z .1 W Q' J F w? h 1 ?r" r 'a?,4h I'TT .-,t,{,? o? d ?I m Flood Control Assistance Account Program (FCAAP) ' Grant Agreement Between State of Washington Department of Ecology and Jefferson County THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT," and Jefferson County, hereinafter referred to as the "GRANTEE." GRANTEE'S legal address and telephone number: + s t ;? Jefferson County Department of Public Works Courthouse Port Townsend, WA 98368 Phone: (206) 385-3505 THE PURPOSE of this -.agreement is to provide funds to the GRANTEE from the - DEPARTMENT to perform the work described in Appendix A pursuant to .Flag, Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the DEPARTMENT'S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: tr :' A. DEPARTMENT'S PERFORMANCE s The DEPARTMENT has found that the GRANTEE satisfies the applicable -% provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This _ agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this agreement except by written amendment. JF^•; ,.r ) ? 4 B. PAYMENT OF GRANT FUNDS TO GRANTEE 1. Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual costs exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTMENT's share shall not exceed fifty (50) percent of the total eligible project cost of $20,000 in cash, including Washington State Sales Tax, where applicable. - a ? ?x qw t? ^'il 5° 't. P y h?.v ?` r?? `??`* ? ° ? ' ? )r?y [. ti t try J? ! -, ,ar r v:r: ?? C !Jt ?? L t f ?? ?? ? p Cd ??js , ? 'T},eyl la`vA • td 1M({'t'Xit i 1 ?l ?? "t1 t M;, AI ? 1? ? Il J t! l .t I I 1 ? ? ?? 1!-, 5 LL , 7 Via?T r? % ? 4 irzut ? u ,Sb Her , ti n yj ? k?.:f - - r 2. Requests for payment of eligible funds will be submitted by the - GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with •? information which documents the work performed, activities undertaken, and the progress of the project. The voucher request form and supportive documents must itemize all allowable costs e by major elements as described in Appendix A. A general guide- line for completion of the voucher request form and supportive documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to: Department of Ecology Mail Stop PV-11 Olympia, WA 98504 Attention: Jerry Louthain - 3. Payment requests will be submitted at least quarterly and not - more often than monthly on a reimbursable basis. 'r 4. All payments are conditioned upon submission to the DEPARTMENT of the above-mentioned itemized state voucher request form, certified by the GRANTEE. All payments will be for delivery of materials and/or services performed within the effective .._?, dates of this agreement unless a written modification is - obtained. 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in Appendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6. 6. Ten (10) percent of each reimbursement payment shall be r (i withheld by the DEPARTMENT as security for GRANTEE's perform- t S? ante. Monies withheld by the DEPARTMENT as security under the provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. -2- C. EFFECTIVE DATE AND TIME FOR PERFORMANCE The effective date of this grant agreement shall be July 1, 1985. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the GRANTEE. This agreement shall terminate on June 30, 1987. D. KICKBACKS The GRANTEE is prohibited from inducing by any means any person ' employed in the construction, completion, or repair of public work ' to give up any part of the compensation to which he/she is otherwise entitled by Department of Labor regulations. E. BIDDING a The GRANTEE shall not advertise for bids for construction until - receipt of written approval from the Contract Officer. Contracts for construction and purchase of equipment shall be awarded through - a process of competitive bidding, if required by State law. No _ contract shall be awarded until approved in writing by the DEPART- MENT The GRANTEE shall . retain copies of all bids and contracts r awarded for inspection and use by the DEPARTMENT. ? F. CONVERSIONS q The GRANTEE shall not at any time convert any equipment, property, or facility acquired or developed pursuant to this agreement to uses other than those for which State assistance was originally approved F without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that proportion of the proceeds of the sale, lease, or other conversion, or encumbrance " which monies granted pursuant to this agreement bore to the original 1 acquisition, purchase, or construction cost. G. N TERMINATION For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A notice shall be given at least five (5) days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and report.;; or other materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. -3- Notwithstanding the above, the GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT because of any breach of agreement by the GRANTEE. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the GRANTEE is determined. 2. Insufficient Funds: The obligation of the DEPARTMENT to make payments is contingent upon the availability of such funds through legislative appropriation and State allotment. li. RECOVERY OF PAYMENTS TO GRANTEE The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory completion of the project described in Appendix A. In the event that the GRANTEE fails to perform any obligation required of it by this agreement, and does not complete the project described in Appendix A, the GRANTEE shall repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. In addition, the GRANTEE shall pay interest on the amount of out- standing funds disbursed computed at 12 percent per annum. Interest shall accrue from the time the DEPARTMENT demands repayment of funds. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT's property and the GRANTEE's liability to repay monies shall be reduced by an amount reflecting the fair value of any such property. 1. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer must be submitted to the DEPARTMENT for approval in consulta- tion with the departments of Fisheries and Game. Prior to construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, provide assurance that all permits have been secured, and make copies available to the DEPARTMENT if requested. 2. Discrimination, Labor and Job Safety - The GRANTEE shall fully comply with al.l applicable federal, state, and local laws, and regulations related to discrimination, labor, and job safety. Further, the GRANTEE shall affirmatively support the State Minority and Women Owned Businesses policies. 3. Industrial Insurance - The GRANTEE certifies full compliance with all state industrial insurance laws where applicable. If the GRANTEE fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section B.1., herein. -4- r-? El 0 J. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment { of salaries, consultant's fees, and other overhead costs related to the project described herein, except as provided in Appendix B. 2111L 2. To the extent the Constitution and Laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENTfrom any claim of liability arising out of the project described in this agreement, or from operation of the facilities or equipment obtained. ` K. CONTRACT OFFICER 1. The extent and character of all work and services to be performed by the GRANTEE shall be subject to the review and approval of the DEPARTMENT through the Contract Officer to whom the GRANTEE shall report and be responsible. In the event that there shall be any dispute with regard to the extent and character of the _ ' work to be done, the determination of the Contract Officer as to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to appeal as provided for "'?' below. 2. For the purpose of this agreement, the Contract Officer shall y be Jerry Louthain unless otherwise changed in writing by the Assistant Director of the Office of Water and Land Resources. L. DISPUTES y!` Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Contract Officer, who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such statement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.21B RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed diligently with the performance of the agreement and in accordance with the decision rendered. 64, M. AUDITS AND INSPECTIONS ' 1. The GRANTEE shall maintain complete program and financial records relating to the construction or purchases of equipment financed in part by this agreement. Engineering documentation _ and field inspection reports of all construction work accomp- lished with this agreement shall be maintained by the GRANTEE. - Such records shall clearly indicate total receipts and expendi- tures by fund source and object classification. All records i shall be available to the DEPARTMENT for such use as the DEPARTMENT sees fit. 2. Engineering documentation of construction, and all financial records prepared by the GRANTEE shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative for a period of at least three years after the m final grant payment or any dispute hereunder; and in the event ? any such audits determine discrepancies in the financial. - , records adjustments and/or clarification shall be made accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized State, Federal, or local representative for inspection at any time during the course of this agreement _ and for at least three years thereafter, or following any dispute thereunder. 4. The GRANTEE shall keep all records in a manner which will provide an audit trail to the expenditure:: for which State ' support is provided, and all records shall be kept in a common file so as to facilitate audits and inspections. N. MISCELLANEOUS PROVISIONS 1. Copyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT's current edition of "Financial Guidelines for Grants Management," Ch. 4, shall control the utilization and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of State/Federal statute(s), regulation(s), or policy(s) to the contrary. -6- l? A . t Y ? ` _ 3. Conflict of Interest: No officer, member, agent, or employee k' of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of d this agreement, shall participate in any decision which affects - his/her personal interest or the interest of any corporation, * - partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or h pecuniary interest, direct or indirect, in this agreement or _ the proceeds thereof. _ 4. Assignments: No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE. F«r r ,,, ' 5. Waiver: Waiver of any GRANTEE default is not a waiver of any subsequent default Wai f . ver o a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this " _ agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. 6. Subgrantee Compliance: The GRANTEE is responsible for ensuring that all subgrantees, contractors, etc., comply with the terms of this agreement. 5 0. ALL WRITINGS CONTAINED HEREIN swv ?, This agreement, appendices, and the DEPARTMENT" s current edition of "Financial Guidelines for Grants Management" contain the entire understanding between the parties, and there are no other under- standings or representations set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the GRANTEE and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation to change of Contract Officer as set forth in Section K the DEPARTMENT may modify or amend this agreement without the signature of the GRANTEE. -7- STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANTEE DATE DATE ASSISTANT DEPUTY DIRECTOR GRANTEE TITLE - DEPARTMENT OF ECOLOGY ORGANIZATION Approved as to form this _ day of 19 ASSISTANT ATTORNEY GENERAL tl f - Grant No. Accounting Data -R- N',?' d h'!1'?Vi?,C?S`r'S'All('"'F^'"'R??E1CC"? ?rS'R'?"R.9 ? '? L A,IF,? ldG£.3 ucit 4PN,`7 ( h5?k'?N? ?? 1 ?lNd.?.?+d6 N3Y 9 v?k :yS, 34 R41 tl r Qil° tl '; 1 .? M y i Pptl ,? ? Y(.? ' 1 ? , ? 1t 11 t ?. ky Y+ y J }s` r ? I n ; 17 ?? g? ' {r ?? ? ` I -r[ t i t I, 1 r I r } i r: r 1?1 y '?' 7r ?? ? r 1 Y U + 4 4 i ? I :i r? 4 `? n-? APPENDIX A PROJECT DESCRIPTION ;. y Lr MUNICIPAL CORPORATION (Applicant) Jefferson County ? GRANTEE Name: Jefferson County r }q; Project Title: ` Project Description: This project consists of r -_ Project Completion Date: Estimated Costs for Eligible Work Items Work Item Unit quantity Unit Cost Cost r Total A-2 p + 'nr"""'? 7?'F4 0 1 c ?, o, ??}I±yr t in r ? r r ? +n v r r? '} C ?' R?T? .?r??l.,,aa'????"?J????'?' I• 4 + ? ? v K11 ? 1? '?+ F r ks? ? ?-i ad ??H ?tir?j 1?"h?``.,, VJw.S' i ? ?: o- tr l ?dJ ? w9(?gYR?1 n?Y! rr x ''hf?h'? 9t k. ? !P! _` i , e r r S 7K'??,? ?+ > S r 6 C -P q w + t? ?+ J 7 r f,x+ ti. ti. • APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost 1. Work Items 2. Inspection fee 3. Equipment rental 4. Miscellaneous TOTAL ESTIMATED ELIGIBLE PROJECT COST A-3 ,pr? pc' tiexic°4^sxer ? '?'i?{ E?iXmy?gq'?r.&a?74vc A T 7M IN3+,F M +?? "4 Vf 7y ? ?F ? ` r^vl?aw i?na.r.? ?tii M ? rrpe§?? 'a'P ,? r^? ?m?ova wes rvr}. 7aR3Crx'k ?` '{'? : i i ? l , f ? R yf I i( I 'Y ll r j i 1 L 1 {j } t 1 t In order to be allowable, costs must: `.° a. Be necessary and reasonable and not be a general expense, b. Not be prohibited by any laws or regulations, -' c. Conform to any cost limitations or exclusions, .?- d. Be consistent with state and federal (when applicable) policies, regulations and procedures, e. Be given consistent treatment through uniform accounting -' principles, f. Not be allocated to or included as a cost of any other state/federally financed program, past, or present, g. Be net of all allowable credits. 2. Certification To assure expenditures are proper, vouchers requesting payment must be certified by the CONTRACTOR/ GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/ GRANTEE or its authorized representative before payment will be allowed. 3. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ _ GRANTEE, mutt be credited to the DEPARTMENT, either as a cost reduction, or by cash refund, as appropriate. 4. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimbursements for unforeseen expenditures may be made only with the prior written approval of the DEPARTMENT. 5. Allowable Expenditures No request for payment will be honored for those expenditures incurred before the commencement date of the agreement, or after termination of such agreement, unless otherwise agreed upon in writing. B-1 q : r X4 q NIT ?i v .J Y I S ? } ?' i? :. ? ty r? ( 1 f ( I 7 ?? F ?) W r ' r A S,y h . tq tir E i 1 Y I ? t ' ( ? ? * + ? J y t ( to .. _ 6. Contract Provisions Controlling Where any discrepancies between the specific provisions of the agreement and the applicable cost principles arise, the agreement provisions shall;. apply. The DEPARTMENT will not provide reimbursement in excess of the - DEPARTMENT'S share of the total eligible project cost. 7. Phone Number The CONTRACTOR/ GRANTEE must include his business phone number along with the documents requesting payment to expedite processing should questions arise. 8. Instructions - Form A19-1 Specific instructions for filling out the A19-1 voucher and supportive documents are found in "Financial Guidelines for Grants Management „ Chapter 6, published by the Washington State Department of Ecology (WDOE). A copy of this text is available from the DEPARTMENT and is furnished with the Pre-Application package. - 9. Cost Object Breakdown .? The documents supporting each request for payment must have a brief concise breakdown of each cost object under the agreement, along with a brief explanation for the charges. .? 10. Allowable Costs Generally, whether costs are allowable depends upon cost principles applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising compensation for personal services construction inspection depreciation and use allowances employee fringe benefits employee morale, health and welfare maintenance and repair materials and supplies taxes transportation travel related directly to this grant Employee benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave, and the like, if they are: (1) provided pursuant to an approved leave system, and (2) the cost thereof is equitably allocated to all related activities, including grant programs. B-2 A v Employee benefits in the form of employers' contribution or expenses for social security, employees' life and health insurance plans, unemployment insurance coverage, workmen's compensation insurance, pension plans, severance pay, and the like, provided such benefits are granted under approved plans and are distributed equitably to grant programs and to other activities. Where any questions involving allowability of costs arise, the DEPARTMENT contracts officer should be consulted; otherwise, certain - costs may be disallowed. 8 11. Payroll and Distribution of Time r Amounts charged for personal service, regardless of whether treated as _ direct or indirect costs, will be based on payrolls documented and f approved in accordance with the generally accepted practice of the state a.. or local agency. Payrolls must be supported by time and attendance or equivalent records for individual employees. Salaries and wages of Y' employees chargeable to more than one cost objective must be supported i by appropriate time distribution records. The method used should produce - , an equitable distribution of time and effort. Such time records must be certified by the project director. Such certified records are the only allowable source document for charging and reporting personnel expendi- tures. 12. Costs Allowable With Prior Written Approval ' Certain costs require prior written approval of the DEPARTMENT. Costs requiring prior approval include indirect costs, some direct costs such St as equipment, insurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT officials should eliminate any questions and possible rejection of 776 incurred costs. 13. Unallowable Costs Certain costs are commonly disallowed. These unallowable costs include: bad debts contingencies contributions and donations enterLainment fines and penalties interest and other financial costs project planning work project design work underrecovery of costs under grant agreements See Section XI, D.3., "Financial Guidelines For Grants Management" Once again, whether a cost is unallowable depends upon the applicable cost principles to the agreement. Failure t.i clarify any question whether a cost is unallowable or allowable may result in its disallow- ance by the DEPARTMENT. D-3 c 1 a, ? ! 3 L LL` LJ '? 'r ay7 r fS v? c r i y ' Y _ 66Y L fh n Oll n i 7 + "W I ? 1 1 Sfk ? gg? a , A ?y l ? ? ?"t( k ? ? ? 4 ? 1 l r ?s , d iA l i s ? i{ Lt ? r 1 YN ? } SM w ` a _ 4L, r VEGETATION MANAGEMENT PROGRAM s? I METHODS OF VEGETATION CONTROL INVENTORY AND COSTS 1986-1987 1. MANUAL CONTROL UTILIZES HAND TOOLS WITH SUPPORT EQUIPMENT TO PROVIDE A REQUIRED LEVEL OF SERVICE, WITH VARIOUS SIZE CREWS. i TOTAL MANUAL BRUSHING ACRES 2,803. tF SCHEDULE FOR MANUAL GROUND CUTTING 42 ACRES. MANUAL GROUND CUTTING COST PER ACRE $1,250 TO $2,500. c- TOTAL TOP TRIMMING ROADSIDE MILES 1,892. y SCHEDULE FOR TOP TRIMMING 98 RSM. TOP TRIMMING COST PER ROADSIDE MILE $260.00 TO $400.00. ° .a 2. MECHANICAL VEGETATION CONTROL UTILIZES TRACTOR-WITH ATTACHMENTS SUCH AS MOTT, AND TIGER FOR GRASS MOWING. TRACTOR OR UNIMOG WITH ATTACHMENTS " SUCH AS BOMFORD AND TURNER FOR HEAVY BRUSH MOWING. IN PROVIDING A !4„' REQUIRED LEVEL OF SERVICE. 3. MECHANICAL GRASS AND BRUSHING INVENTORY TOTAL MECHANICAL GRASS ACRES 2,600 SCHEDULED FOR MECHANICAL GRASS MOW- ING 3,460 ACRES. MECHANICAL GRASS MOWING COST PER ACRE $46,00. MECHANICAL GRASS MOWING SHOULD BE MOWED 2 TO 4 'TIMES EACH YEAR. TOTAL MECHANICAL BRUSHING ACRES 2,803 SCHEDULED FOR MECHANICAL. BRUSHING ACRES 3,399. MECHANICAL BRUSH MOWING COST PER ACRE $110.00. 1 ?x¢ 7f? 1 v?' j"N", x ' ' . # SS 1 i a + j $ti. i ?}SJ _ ? 1 f 1 fy 1 3 J ? t , ? f r n5 l^ I 2r ' % d ? 1 ? ? k'vut? + ? ' ? r r i ? ? ' ? f d (u ? FF o ? i hu N, ?v I d ? 4 PAGE 'L 4. OTHER ROAD MAINTENANCE COSTS 1. SHOULDER DITCH SOIL RESIDUAL SPRAYING COST PER ACRE $45.00 TO a $55.00. ; 2. RIGHT-OF-WAY FOLIAGE SPRAYING COST PER ACRE $55.00 TO $70.00 3. SHOULDER BLADING COST PER S/M $89.00. SHOULDER BLADING SHOULD BE BLADED 2 TO 3 TIMES A YEAR. 4. DITCH MAINTENANCE GRADER COST PER D/M $794.00. 5. DITCH MAINTENANCE GRADALL COST PER D/M $3,190. 6. SHOULDER RESTORATION COST PER S/M $3,500 TO $4,000. 4/27/87 ? li ll "t t r, 1 l 17 Y? Ito / 17 l ` y? pg V Lv rx F-D OG,1o • av "T FO:.C C2EC K 1C „o . R/? P ANDREA BEATTY RINIKER4 I, S _ :? Director STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Mail Stop PV-11 • Olympia, Washington 98504-6711 • (?(Y) 459-)00 February 21, 1986 ?•? ?? Mr. Robert G. Nesbitt County Engineer Jefferson County Department of Public Works Courthouse Port Townsend, WA 98368 - Dear Mr. Nesbitt: a" Enclosed is your copy of the executed agreement for the following Flood Control Assistance Account Program (FCAAP) project in your f' county: A- • Rock Creek Riprap Extension Y Note that the grant contract officer has been changed to Grant Fredricks. - Another purpose of this letter is to review the following FCAAP require- ' ments. Prior to the disbursements of any grant funds, the following must be accomplished: 1. Plan approval - RCW 86.26.040 1' The county engineer must approve all plans for each project. The approved plans must be submitted to the Department of Ecology for approval in consultation with the Department of Fisheries and the Department of Game. Your previously sub- mitted plans and specifications for this project is hereby approved, subject to Department of Fisheries and Department of Game restrictions, for the following applicant: • Jefferson County 2. Floodplain management activities approval - RCW 86 26 050 The Department of Ecology must approve the floodplain manage- ment activities of the appropriate local authority having jurisdiction over the area where the project will be located. This requirement has been met for the projects in your county. RECEIVED FEB 2 7 1986 JEFFERSON COUNTY ENGINEERS OFFICE 1 Auk Mr. Robert G. Nesbitt ` February 21, 1986 Page 2 3. Flood control budget report - RCW 86.26.080 ;?. Any municipal corporation with an approved project must report ,•,,•/ 4;.. their adopted budget for flood control purposes to the county engineer. County engineers must submit these reports along with their county's flood control budget report to the Depart- ' •r '?° ment of Ecology. This requirement has not been met for 1986 r," /?1 for the following applicants: • Jefferson County Floodplain management activities - WAC 173-145-050 The Department of Ecology must find that local authorities are '•' engaging in floodplain management activities by: _ a. Participating in and meeting all of the requirements of the NFIP. b. Certification through the state Department of Emergency Management of the local authority's comprehensive t'' '• emergency operation plan. C. Restriction of land uses within the meander belt or floodway to only flood compatible uses. This requirement has been met for your county except that the County does not have an acceptable comprehensive emergency plan at this time. State Department of Emergency Management is working directly with the county on this, and so long as satisfactory progress is being made, this grant will not be affected. Permits or authorizations - WAC 173-145-070 The applicant must acquire all necessary federal, state, and local permits or authorizations prior to construction. Please provide information copies of these permits or authorizations and copies of sub-agreements with applicants, construction contracts, and construction schedules to facilitate the depart- ment's inspection scheduling. Mr. Robert G. Nesbitt February 21, 1986 Page 3 Prior to the final grant payment, the following applies: 1. Supervision, inspection of work - RCW 86.26.040, WAC 173-145-130 The county engineer shall supervise and provide inspection of the construction work. The Department of Ecology shall also monitor and inspect the project work. A final inspection shall be made by the county engineer, the applicant and the Department of Ecology, and a written report of the inspection submitted to the department within 30 days of the inspection. The following are additional requirements under this program: 1. Rules for floodplain management activities - RCW 86.26.050 (SHB 380) The department shall adopt rules concerning the floodplain management activities of the local authorities. 2. Revisions to approved floodplain management activities - RCW 86.26.050 (SHB 380) Each revision to the approved floodplain management activities must be approved by the Department of Ecology in consultation with the Department of Fisheries. 3. Coln rehensive flood control management plan - RCW 86.26.050 SHB 380) and RCW 86.26.105 These plans must be completed and adopted by the appropriate local authority within three years after the county engineer's certification that a plan is being prepared. Completed comprehensive flood control management plans and any revisions to the plans must be approved by the Department of Ecology in consultation with the Department of Fisheries. 4. Supplemental project list - RCW 86.26.007 Any projects proposed for construction during 1986 which are not on the list approved by the 1985 Legislature need to be submitted to the Department of Ecology for approval in the event that the funds reserved for emergencies are not needed or monies spent on previously approved projects are less than the initial estimates. Applications should be submitted as soon as possible after the need is identified. „• L ??? u7?? fin} r 1 e .. --( !i 1" G ?.? I 1 `t 1 1 1 I ? ; i !6 r 1 !' 1 4 'V? It . Al ? I I4? hry, {d???s r . 1l ./ Mr. Robert G. Nesbitt February 21, 1986 Page 4 We hope this FCAAP project grant program will materially assist in the maintenance of your flood control facilities. If you ever have questions or suggestions about these grants or this program, please call me at (206) 459-6791 or Grant Fredricks at (206) 459-6776. 5d5 Sincerely, Jerry Louthain, Supervisor Floodplain Management Section Shorelands Division JL:lh cc: Gordon Zillges, Department of Fisheries David Mudd, Department of Game Southwest Regional Office, Department of Ecology pL IY 4 _ RECEIVED FEB 2 7 1986 JEFFERSON COUNTY ENGINEERS OFFICE Flood Control Assistance Account Program (FCAAP)"-.-' Grant Agreement Between - State of Washington Department of Ecology and Jefferson County - THIS is a binding agreement entered into by and between the State of y' Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT," and Jefferson County, hereinafter referred to as the * 1 - } r "GRANTEE." ?P GRANTEE'S legal address and telephone number: Jefferson County Department of Public Works Courthouse Port Townsend, WA 98368 Phone: (206) 385-3505 THE PURPOSE of this agreement is to provide funds to the GRANTEE from the DEPARTMENT to perform the work described in Appendix A pursuant to Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the 7- k` DEPARTMENT'S obligations under said chapter. - n - IT IS THEREFORE MUTUALLY AGREED THAT: y A. DEPARTMENT'S PERFORMANCE All "t The DEPARTMENT has found that the GRANTEE satisfies the applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this agreement except by written amendment. B. PAYMENT OF GRANT FUNDS TO GRANTEE Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual coats exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTMENT's share shall not exceed fifty (50) percent of the total eligible project cost of $20,000 in cash, including Washington State Sales Tax, where applicable. 4 2 2. Request's for payment of eligible funds will be submitted by the ' GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with i information which documents the work performed, activities undertaken, and the progress of the project. The voucher request - form and supportive documents must itemize all allowable costs - by major elements as described in Appendix A. A general guide- line for completion of the voucher request form and supportive documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to: ,„.. Department of Ecology '• Mail Stop PV-11 , _ Olympia, WA 98504 Attention: Grant Fredricks 3. Payment requests will be submitted at least quarterly and not more often than monthly on a reimbursable basis. 4. All payments are conditioned upon submission to the DEPARTMENT of the above-mentioned itemized state voucher request form, certified by the GRANTEE. All payments will be for delivery of materials and/or services performed within the effective dates of this agreement unless a written modification is obtained. 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in Appendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6. 6. Ten (10) percent of each reimbursement payment shall be withheld by the DEPARTMENT as security for GRANTEE's perform- ance. Monies withheld by the DEPARTMENT as security under the provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. -2- ro? ,S S ?diG? E° ? 6 l ? Z f a? i y`C 1 ` [ j+ x i ?? 4?' t? V' 1 f Y 4> Y {'F J ?r L ' ??oa4 s ?? f2 .. This agreement shall terminate on June 30, 1987. 1 D. KICKBACKS \ " The GRANTEE is prohibited from inducing by any means any person - ' employed in the construction, completion, or repair of public work •? ` to give up any part of the compensation to which he/she is otherwise ?. entitled by Department of Labor regulations. . E. BIDDING Y `"•' - ¢ The GRANTEE shall not advertise for bids for construction until B receipt of written approval from the Contract Officer. Contracts for construction and purchase of equipment shall be awarded through a f _ process o competitive bidding, if required by State law. No contract shall be awarded until approved in writing by the DEPART- KENT. The GRANTEE shall retain copies of all bids and contracts ,S awarded for inspection and use by the DEPARTMENT. F. CONVERSIONS ' The GRANTEE shall not at any time convert any equipment, property, or fa ilit i + c y acqu red or developed pursuant to this agreement to uses other than those for which State assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may b di i d e con t one upon payment to the DEPARTMENT of that proportion of ,may the proceeds of the sale, lease, or other conversion, or encumbrance y. which monies granted pursuant to this agreement bore to the original acquisition, purchase, or construction cost. G. TERMINATION For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A notice shall be given at least five (5) days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. -3- Z s 1'rGGYYC?._?'': ® r '}{ rfi t'KY» F r'y 1 x ' r r Notwithstanding the above, the GRANTEE. shall not be relieved of liability to the DEPARTMENT for damages sustained by the u DEPARTMENT because of any breach of agreement by the GRANTEE. r The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT •... from the GRANTEE is determined. ?i 2. Insufficient Funds: The obligation of the DEPARTMENT to make payments is contingent upon the availability of such funds through legislative appropriation and State allotment. H. RECOVERY OF PAYMENTS TO GRANTEE The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory completion of the project ; + described in Appendix A. In the event that the GRANTEE fails to perform any obligation required of it by this agreement, and does not complete the project described in Appendix A, the GRANTEE shall repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. r. 't In addition, the GRANTEE shall pay interest on the amount of out- r standing funds disbursed computed at 12 percent per annum. Interest j' '• shall accrue from the time the DEPARTMENT demands repayment of funds. Any property acquired under this agreement, at the option of the - DEPARTMENT, may become the DEPARTMENT's property and the GRANTE's liability to repay monies shall be reduced by an amount reflecting the fair value of any such property. ?. 1 I. COMPLIANCE WITH APPLICABLE LAWS, AND REGULATIONS d' 1. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy ws Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer rPr " must be submitted to the DEPARTMENT for approval in consults- tion with the departments of Fisheries and Game. Prior to d } construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, i a 7 provide assurance that all permits have been secured, and make E copies available to the DEPARTMENT if requested. 'f 2. Discrimination, Labor, and Job Safet - The GRANTEE shall 4 fully comply with all applicable federal, state, and local f laws, and regulations related to discrimination, labor, and job safety. Further, the GRANTEE shall affirmatively support v the State Minority and Women Owned Businesses policies. 1 4 + 3. Industrial Insurance - The GRANTEE certifies full compliance ( r 5 [ with all state industrial insurance laws where applicable. If aw"s the GRANTEE fails to comply with such laws, the DEPARTMENT it shall have the right to immediately terminate this agreement tidd ?S?°?, • for cause as provided in Section H.1. , herein. '? Wl: w,icuv t'arNSIM. i y ? it4(1biYJaffl'?ad[ltilN'J -4- J. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other overhead costs related _ to the project described herein, except as provided in Appendix B. 2. To the extent the Constitution and Laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENT from any claim of liability arising out of the project described in this agreement, or from operation of the faciliti es or equipment obtained. K. CONTRACT OFFICER a! i 1. The extent and character of all work and services to be performed by the GRANTEE shall be subject to the review and approval of the DEPARTMENT through the Contract Officer to whom the GRANTEE shall report and be responsible. In the event that there shall be any dispute with regard to the extent and character of the work to be done, the determination of the Contract Officer as - to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to appeal as provided f . -;.??.. or below. 2. For the purpose of this agreement, the Contract Officer shall be Grant Fredricks unless otherwise changed in writing by the Program Manager, Shorelands and Coastal Zone Management. L. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Contract Officer, who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such statement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.21B RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed diligently with the performance of the agreement and in accordance with the decision rendered. -5- ' M1 I ?{' ?l ?, '. P d? M,; '°?m' ', "'r t nf?{I'az Aa'?r?,l'w:?.t?a`II' ' 'Jt"? ; ? fk yxa.}+?' 2rkJF,k MkP ?. ? ? ? 1? ? .1 ? f .i ' , S' ? Y ; Ly h f 'a b - ?' 1 1 ? ? E JJ - y], L?19?E _.? 4:.. a 2 M. AUDITS AND INSPECTIONS `"` l• The GRANTEE shall maintain complete program and financial ' ? records relating to the construction or purchases of equipment financed in a t b p r y this agreement. Engineering documentation and field inspection re t " +qµ por s of all construction work accomp- lished with this agreement shall be maintained b th GRAN y e TEE. Such records shall clearly indicate total receipts and expendi- tures b f d y un source and object classification. All records shall b k e available to the DEPARTMENT for such use as the DEPARTMENT sees fit. 1 - 2. Engineering documentation of const ti 3 4+,?" ruc on, and all financial records prepared by the GRANTEE shall b e open for audit or inspection by the DEPARTMENT or by any dul auth i d y or ze audit representative for a period of at least three years after the fi l 2 na grant payment or any dispute hereunder; and in the event any such audit 1 s determine discrepancies in the financial records adjustme t d ., n s an /or clarification shall be made accordingly . ' 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to r 1;j any authorized State, Federal, or local representative for i • nspection at any time during the course of this agreement and for at least three ears th _ - y ereafter, or following any dispute thereunder. t, 4. The GRANTEE shall keep all records in a manner whi h il c w l provide an audit trail to the expenditures for which State support is provided, and all records shall be kept in a 7 common file so as to facilitate audits and inspections. . ' N. MISCELLANEOUS PROVISIONS t ti 1. Copyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT's current edition of "Financial Guidelines for Grants Management," Ch. 4, shall control the utilization and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of State/Federal statute(s), regulation(s), or policy(s) to the contrary. -6- ?{q') T >y c '` i?ph 7 ,fff7. ? y a . C4'x l i i 4 i i j + h'?71 r r ! to ?`.`"' -`•' 3. Conflict of Interest: No officer, member, agent, or employee Ac_ e of either party to this agreement who exercises any function ibili i h i l 'g . "' or respons ty n t e rev ew, approva , or carrying out of a r this greement, shall participate in any decision which affects ' his/her personal interest or the interest of any corporation, - partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or _ the proceeds thereof. .. t`f .._? 'i 4. Assignments: No right or claim of the GRANTEE arising under this a reement shall be transferred or assi n d b th GRANTEE g g e y e . 5. Waiver: Waiver of any GRANTEE default is not a waiver of any ' subsequent default. Waiver of a breach of any provision of ` - this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this _ agreement unless stated as such in writing by the authorized _ i - - - "._g representative of the DEPARTMENT. ^ . &. 6. Subgrantee Compliance: The GRANTEE is responsible for ensuring that all subgrantees, contractors, et'c., comply with the terms of this agreement. ' 0. ALL WRITINGS CONTAINED NEREIN 4 This agreement, appendices, and the DEPARTMENT's current edition " " ?e ' " of Financial Guidelines for Grants Management contain the entire unde t di bet th ti d th th d - r. rs an ng ween e par es, an ere are no o er un er standings or representations set forth or incorporated by reference ' ' herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless in writing, < signed by authorized representatives of the GRANTEE and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation to chan e of Contract Officer as set fo th i S ti K th DEPARTMENT s' { i` g r n ec on e f .y.. ?w may modify or amend this agreement without the signature of the + GRANTEE. e x ? k n yy -7- "'77 t STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANTEE D. Ro_dney M?ack DATE BSSRxAtVXXFlE$YXXD3$&&Y&8 ATE N GRANTEE TITLE CHAIRMAN HRISRTNENSXpExEgpaOGy ORGANIZATION JEFFERSON COUNTY BOARD Department of Ecology OF COMMISSIONERS` Program Manager ff' Approved as to form this 1? day of ASSIST;ANT/ATTOKNEY GENERAL Grant No. GOO S6 0 7q- Accounting Data '1,5n AAwi: d A-1 { SN T .. 'p 1w, I? WO ?D 5 1 . ? ? ?? a G z apt 3 4 y ur,r, ?1.. 'r APPENDIX A PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant) Jefferson County GRANTEE Name: Jefferson County Project Title: Rock Creek Rip-Rap Extention Project Description: This project consists of Extending the existing Rip-Rap bank protection approximately 300 feet downstream from its teminus at the mouth of Rock z Creek on the north bank of the Hoh River. Proiect is located in Sec. 28, 29, T 27N R 11W W.Ma a Project Completion Date: 8 - 29- 86 Estimated Costs for Eligible Work Items Work Item Unit Quantity Unit Cost Cost P Rip-Rap In p ace) Cu. Yds. 1000- -fro - 15;5 0 Barrow Excavation Cu. Yds. 1200 3.00 3,600 Total 19,100.00 A-2 41 APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost 1. Work Items 2. Inspection fee 3. Equipment rental (included in unit cost of "Work Items") 4. Miscellaneous TOTAL ESTIMATED ELIGIBLE PROJECT COST A-3 19,100.00 900.00 -0- 20.000.00 N p e ti, ?01 Appendix B Flood Control Assistance Account Project Grant Agreement GUIDELINE: SUBMISSION OF A19-1 VOUCHER AND SUPPORTIVE DOCUMENTS The purpose of this appendix is to assist the CONTRACTOR/GRANTEE in determining allowable items of cost. If the CONTRACTOR/GRANTEE fails to name an item of cost in the request for payment, this does not imply it is either allowable or unallowable; rather, determination of allowability shall be based upon the treatment of similar or related items of cost. 1. Factors Allowing Cost In order to be allowable, costs must: a. Be necessary and reasonable and not be a general expense, b. Not be prohibited by any laws or regulations, c. Conform to any cost limitations or exclusions, d. Be consistent with state and federal (when applicable) policies, regulations and procedures, e. Be given consistent treatment through uniform accounting principles, f. Not be allocated to or included as a cost of any other state/federally financed program, past, or present, g. Be net of all allowable credits. 2. Certification To assure expenditures are proper, vouchers requesting payment must be certified by the CONTRACTOR/GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/GRANTEE or its authorized representative before payment will be allowed. 3. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ GRANTEE, must be credited to the DEPARTMENT, either as a cost reduction, or by cash refund, as appropriate. 4. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimbursements for unforeseen expenditures may be made only with the prior written approval of the DEPARTMENT. 5. Allowable Expenditures No request for payment will be honored for those expenditures incurred before the commencement date of the agreement, or after termination of such agreement, unless otherwise agreed upon in writing. ? Ss ? h F 1 a ? t 5 n' f .. MAI K ? U ? y y 1 YF ; 5 r 1 , r 1 y . Fl k " i ?f. s r, l r at 'G e ' 6 6. Contract Provisions Controlling Where any discrepancies between the specific of the agreement g and the applicable cost principles arise, the a reement 8 provisions shall apply, j. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT'S share of the total eli ibl ' g e project cost. - j; 7. Phone Number ? The CONTRACTOR/ GRANTEE must include his business phone number along with 1 the documents requesting payment toe edite xP processing should questions . -- arise. - 8. Instructions - Form A19-1 - ti S e ifi i ,'- £ p c c nstructions for filling out the A19-1 voucher and supportive docu t " r' _ men s are found in Financial Guidelines for Grants Management " - A - • ." , Chapter 6, published by the Washington State Department of Ecology (WDOE). A copy of this text is available from the DEPARTMENT and is , furnished with the Pre-Application package. K 9. Cost Object Breakdown _ The documents supporting each request for payment must have a brief "? ' concise breakdown of each cost object under the agreement, along with a b i f l ?' r e exp anation for the charges. F, 10. Allowable Costs Generally, whether costs are allowable depends upon cost principles applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising ` - compensation for personal services construction inspection depreciation and use allowances , employee fringe benefits r employee morale, health and welfare maintenance and repair V } r" materials and supplies taxes 3+ 1 9 transportation travel related directly to this grant T4. 1 Employee benefits in the form of regular compensation paid to employees i' si }s during periods of authorized absences from the job, such as for annual l i k l k 3p sad t v' eave, s c eave, court leave, military leave, and the like, if they are: (1) rovid d p e pursuant to an approved leave system, and (2) the ", R` r cost thereof is equitably allocated to all related activities, including grant programs. n r t d 44t e wr w y rrHr t ° , # x r r,yaw B-2 ? ?! l 4 f,? ? Y?? l'?(b" Fj?Y?ln4v r ?CY?4' ?pg?7, ?-[ ? r 'aG1?l`{T'Y7'."-nlYar. ( ?.';.. y? . ? n? _ ?• ?. ? y8?, J ? 1M1r?, 11 y ? 1 " W aVN"a, , ? ? ( . 6 c lj e 4 ? N 1 ' socialeeebene its is the form of employers' contribution or expenses for y, employees life and health i nsurance plans, unemployment insurance coverage, workmen's compensation ins urance, pension plans, severance pay, and the like, provided such benefits are granted und ap rov d l ' p er e p ans and are distributed equitably to grant pro ra th g ms and to o er activities. r? yR Where any questions involving allowability of costs arise, the DEPARTMENT contract } s officer should be consulted; otherwise, certain costs may be disallowed. ?; - 11. Payroll and Distribution of Time ?y s. Amounts charged for treated as direct or indirect costs il ,?- , w l be based on payrolls documented and approved in accordance with the generally accepted practice f th i o e state or local agency. Payrolls must be supported by time and tt a endance or equivalent records for individual employees. Salaries and wages of employees chargeable to more than one cost objective must be supported by appropriate time distributi .,.,, - ! on records. The method used should produce as equitable distribution of time and effort. Such time records ti _ g cer must be fied by the project director. Such certified records are the only allowable so d , urce ocument for charging and reporting persomel expendi- tures. r 'r 12. Coats Allowable With Prior Written Approval - ', Certain costs require prior written approval of the DEPARTMENT, Costs requiring prior a l - pprova include indirect costs, some direct costs such as equipment, insurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT officials sh ld ou eliminate any questions and possible rejection of incurred costs, k' 13. Unallowable Costs Certain coats are commonly disallowed. These unallowable costs include: bad debts contingencies contributions and donations entertainment fines and penalties interest and other financial costs project planning work project design work underrecovery of costs under grant agreements See Section XI, D.3., "Financial Guidelines For Grants Management" Once again, whether a cost is unallowable depends upon the applicable cost i whetheraccost a is to the unallowable ort allowable emato clarify any stion y result in itsgdisallow- s ance by the DEPARTMENT. B-3 e le PI r° r1• 1 t s +G 4 ' +1{Ca i xv?,? h7j ' ; p Itl KI3 ??.l ret4u :,yu. fSa r li L? r I. r i t r 1 AS . G"PE a . ? „q wnw ,i ,r y r` JEFFERSON COUNTY COURTHOUSE NATIONAL HISTORIC SITE PORT TOWNSEND, WASHINGTON February 7, 1986 Jerry Louthain, Supervisor Floodplain Management Department of Ecology Mail Stop PV-11 Olympia, Washington 98504-8711 IF& Jefferson County M . Department of Public Works W ¢ COURTHOUSE s, 4 PORT TOWNSEND. WASHINGTON 98368 i TEL. (206)385.3505 + 4 GARY A. ROWE, DIRECTOR 1 Re: Approved Flood Control Assistance Account Program Project.Grants Dear Mr. Louthain: Enclosed are the two originals of the executed agreements for the following project: County Project Name Total Estimated Priority Applicant and Description Protect Cost 2 Jefferson Co. Rook Creek Rip-Rap $20,000.00 The Port Townsend Beach Restoration Project, County Priority Number 1, City of Port Townsend Applicant, was withdrawn by the City of Port Townsend on October 2, 1985 ( copy of letter enclosed ). Additionally, in accordance with WAC 173-145-030(5) a copy of the Jefferson County Public Works, 1986 Budget is enclosed. There is no "Line Item" for Flood Control Projects in the budget, however funds for flood control are included in the Maintenance and Construction portions of the budget. If you need any further information do not hesitate to contact me. 1• 4 Sincerely, 1r,µ + ? b 1>` n Robert G. Nesbitt =r County Engineer Eno. xc:FLO 06.10 F FLO 03.90 , t? ? L r7 i PWA 02 J y? µ F?ri ' •, s rr v r -i s J E F P E R S O N C D tJ N T Y PAGE 5 r 1/30/86 1986 EXPENDITURE 13300 COUNTY ROADS 136 000 010 COUNTY ROADS 500.00 COUNTY ROADS ? yl 540.00 MISCELLANEOUS a 519.00 COUNTY ROAD-REIMBURSEABLE $ 3 519.00 10 SALARIES AND WAGES 15, 00.0C 519.00 20 PERSONNEL BENEFITS 4,200.OC 519.00 30 SUPPLIES 31 OPERATING SUPPLIES 519.00 30 TOTAL SUPPLIES 5#000.00 1?V ti 519.00 40 OTHER SERVICES A CHARGES 3 45 OPERATING RENTS 6 LEASES b 10#000.00 519.00 40 TOTAL. OTHER SERVICES & CHARGES 10,000.00 519.00 TOTAL COUNTY ROAD-REIMBURSEABLE 34#200.00 .• 541.00 COUNTY ROADS CONSTRUCTION • ?: 541.00 10 SALARIES AND WAGES 25#000.00 541.00 20 PERSONNEL BENEFITS 70000 00 yR 541.00 30 SUPPLIES 31 OPERATING SUPPLIES 15,000.0 C 541.00 30 TOTAL SUPPLIES 15,000.0 C E a 541.00 40 OTHER SERVICES b CHARGES 41 PROFESSIONAL SERVICES. 50000.0I 44 ADVERTISING 500.0 C a a 45 OPERATING RENTS 6 LEASES 2x+00.0 541.00 40 TOTAL OTHER SERVICES 6 CHARGE'S S#000.0 Fr 541.00 60 CAPITAL OUTLAY 61 LAND 40#000.0 r 65 CONSTRUCTION PROJECTS 541.00 60 TOTAL CAPITAL OUTLAY '11233933x#880000..00( r 541.00 TOTAL COUNTY ROADS CONSTRUCTION 1388, 800.0 ? .; 546.00 COUNTY ROADS ARTERIAL 546.00 10 REGULAR TIME 2:,0,000.0 r o-r p 546.00 20 PERSONNEL BENEFITS 70#000.0 i p t° z 546.00 30 SUPPLIES s i1 31 OPERP%TTNO SUPPLIES a 180,000. 0 r s r, K L:6' 546.00 30 TOTAL SUPPLIES 180,000.0 ' a r 546.00 40 OTHER SERVICES d CHARGES i i 41 PROFESSIONAL SERVICES trOU0.0` r? i?.`? -, .}-• D 42 COMMUNICATIONS ur000.0 i 43 TRANSPORTATION 500.0 45 OPERATING RENTS 6 LEASES 250,000.0 S :r V,q J E F F E R S O N C 0 U N T Y PAGE 91 , c a 1/30/86 G 1986 EXPENDITURE -y 13350 COUNTY FOALS ARTERIAL 136 000 010 COUNTY ROADS , 47 PUBLIC UTILITIES SERVICE 10, 000.00 49 MISCELLANEOUS 100.00 546.00 40 TOTAL. OTHER SERVICES & CHARGES 266#600.00 546.00 TOTAL.. COUNTY ROADS ARTERIAL 766#600.00 542.00 COUNTY ROADS ACCESS 542.00 10 SALARIES AND WAGES 350,000.00 542.00 20 PERSONNEL BENEFITS 98#000.00 ''.. 542.00 30 SUPPLIES 's 'I r 31 OPERATING SUPPLIES 200#000.00 • " 542.00 30 TOTAL. SUPPLIES 200#000.00 x 542.00 40 OTHER SERVICES G CHARGES 41 PROFESSIONAL SERVICES 51000.00 43 TRANSPORTATION 500.00'L 45 OPERATING RENTS 6 LEASES 350,000.00 542.00 40 TOTAL OTHER SERVICES & CHARGES 355,500.00 542.00 TOTAL. COUNTY ROADS ACCESS 1003,500.00 'w 543.00 COUNTY ROADS GEN ADMIN 543.00 10 REGULAR TIME 160,000.00 d 543.00 20 PERSONNEL BENEFITS 50,400.00 543.00 30 SUPPLIES 31 OPERATING SUPPLIES 10,000.00 i 543.00 30 TOTAL SUPPLIES 100000.00 r 543.00 40 OTHER SERVICES 6 CHARGES 41 PROFESSIONAL SERVICES 51000.00 <.r 42 COMMUNICATIONS 101000.00 43 TRANSPORTATION 31500.00 44 ADVERTISING 200.00 45 OPERATING RENTS 6 LEASES 60,000.00 r' { 46 INSURANCE 2,500.00 47 PUBLIC UTILITIES SERVICE 11000.00 r` < 48 REPAIRS AND MAINTENANCE 1#000.00 49 MISCELLANEOUS 11000.00 <y ry.'+s 543.00 40 TOTAL OTHER SERVICES A CHARGES 84,200.00 yr, 543.00 60 CAPITAL OUTLAY S 3•, i? $t is 64 MACHINERY AND EQUIPMENT 5#000.00 rh 543.00 60 TOTAL CAPITAL OUTLAY 5.000.00 a? tl 4t??u9y +? ' 543.00 TOTAL COUNTY ROADS GEN ADMIN 329,600.00 544.00 COUNTY i:0AD3 STATIONS 6 BLDGS ?? ryy& 544.00 30 SUPPLIES >yUm r or r tt? n :ltrr} u k 1" 74 k?IC t t I kl t s ;?,, APPENDIX A PROJECT DESCRIPTION E MUNICIPAL CORPORATION (Applicant) Jefferson County GRANTEE Name: Jefferson County Project Title: }?SCw C'2dfe ,2iP•?Ni' 4-7-?US/01J Project Description: This project consists of Z' -r-,u F £P 157-NFU G 1 RAn/l< Pao Cr,O?J /aPP1201IMH 47-Fz V 5co •?-Q4? " ? rt,0U1 rJ 5T/LCWWt an vh '? ?-5 fi2vw i 7u t AT FIE ,.7 ?. = . nr nr,, r?-t of /lo < L CIZf e ti nrJ -f-k -e ivr,lcr? 6A n1 e O F 7 hf E f Ld h' /10k1 O k Y r .; -2 9 - B6 Project Completion Date: Estimated Costs for Eligible Work Items Work Item Unit Quantity Unit Cost Cost RIP-RAP CV, Yo. 1000 i5, SW 15, ,0 FA(z.v+ FILL- Co. q)). Roca 3,00 3,000 Total 00 12? A-2 4 k wr APPENDIX A BUDGET INFORMATION 3 MAJOR PROJECT ELEMENTS a' Estimated Eligible Cost € 1. Work Items o ???/d0 e 2. Inspection fee p00 °= 3. Equipment rental (We,04r_a tN LM%r co-!,T OF °WOV(, iG ?7vz y,t5 ) = - 4. Miscellaneous ?owF -0 ? TOTAL ESTIMATED ELIGIBLE PROJECT COST 10? OOU ?°- gq i. " r A-3 y Asa E X? i A^ t .. ? ,/ i r ??1 f k t k J k d?) u 1 t?C k ; ., ?r? $ PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant) Jefferson County GRANTEE Name: Jefferson County Project Title: Project Description: This project consists of 1. Estimated Costs for Eligible Work Items Work Item Unit Quantity Unit Cost Cost Total g! ?t y A-2 cif 1 y ` ??.?a ?? A?A1 ?} 1 T?p wl 4? } J.L 1 y r ar h s 1 tn:; APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost 1. Work Items 2. Inspection fee 3. Equipment rental 4. Miscellaneous -" TOTAL ESTIMATED ELIGIBLE PROJECT COST ,5 . . .? .. 4 X17 A_3 v y i wie. ? V I _ ? :Y} ?r c 4' F VAC.' E} t e r z i l A ? u f ?l t yIPM <1' . r W . t. I ?; ._'v,±s? '•...3r7z ??_3mNb`2un, ,?"?. l3, T6._:-it ,9iCA:a 3? ... ak Flood Control Assistance Account Program (FCAAP) n ?+ Grant Agreement Between , State of Washington Department of Ecology and Jefferson County THIS is a binding agreement entered into by and between the State of ? Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT," and Jefferson County, hereinafter referred to as the "GRANTEE." - GRANTEE'S legal address and telephone number: ' -" ' Jefferson County Department of Public Works a m Courthouse Port Townsend, WA 98368 Phone: (206) 385-3505 ?+ - ^ THE PURPOSE of this agreement is to provide funds to the GRANTEE from the • DEPARTMENT to perform the work described in Appendix A pursuant to Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the DEP ' ARTMENT S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: ' ?rsJeSra,''?i ;? A. DEPARTMENT'S PERFORMANCE as The DEPARTMENT has found that the GRANTEE satisfies the applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this agreement except by written amendment. B. PAYMENT OF GRANT FUNDS TO GRANTEE 1. Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual costs exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTMENT's share shall not exceed fifty (50) percent of the total eligible project cost of $20,000 in cash, including Washington State Sales Tax, where applicable. ' 1 ; 4 vp,.ra ti 1 + r 9 lira ?rassT? ? ' r $a , Pj ? { 4 ? ?yl ?? M m °e?l! r r r, ' cr i'F 4? My 5;Q r i'. ? ?..?_ --_ ?. - ? ... .?, .. .. -...? a .... „ _ ..._ _ ,. ... , .. ?.. _...,,. ,. ,. ... V s M 6 2. Requests for payment of eligible funds will be submitted by the GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with information which documents the work performed, activities undertaken, and the progress of the project. The voucher request form and supportive documents must itemize all allowable costs by major elements as described in Appendix A. A general guide- line for completion of the voucher request form and supportive documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to:° Department of Ecology - Mail Stop PV-11 a Olympia, WA 98504 Attention: Jerry Louthain 3. Payment requests will be submitted at least quarterly and not more often than monthly on a reimbursable basis. -, 4. All payments are conditioned upon submission to the DEPARTMENT of the above-mentioned itemized state voucher request form, certified by the GRANTEE. All payments will be for delivery of materials and/or services performed within the effective dates of this agreement unless a written modification is obtained. - 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in Appendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6. 6. Ten (10) percent of each reimbursement payment shall be withheld by the DEPARTMENT as security for GRANTEE's perform- ance. Monies withheld by the DEPARTMENT as security under the 6!i provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE shall be subject to final audit. by the DEPARTMENT and any unauthorized expenditure(s) shall be Y' refunded to the DEPARTMENT by the GRANTEE. -2- 9 ,. C• EFFECTIVE DATE AND TIME FOR PE RFORMANCE -' The effective date of this grant agreement shall be Jul Any work performed i ?1? ' a pr y 1985. or to the effective date of this agreement will be at the sole expense and risk of the GRAN . TEE, This agreement shall terminate on June 30 _ , 1987. D. KICKBACKS er 3 i; "q The G RANTEE is prohibited from inducing by any means an employed in the constructio y er ' 'a p son n, completion, or repair of Public work to give up any part of the compensation to which he/she is otherwis entitled by Department of Labor e " regulations. E• BIDDING The GRANTEE shall not advertise for bids for construction until receipt of written approval f rom the Contract Officer. Contracts for construction and purchase of equipment sh a process f l g a o l be awarded through competitive bidding, if required by State law contract shall be awarded u N . o ntil approved in writing by the DEPART- MENT• The GRANTEE shall retain copies of all bids a awarded for ins ecti d " p n contracts on and use b the DEPARTMENT,y ; F. CONVEX RS?ONS not orefacGRANTF i y acquired orat any time convert any equipment, property, other than those for whicdeveloped Pursuant to agreemen h State assistance wash originally a to uses without prior written approval of the DEPARTMENT. Such a ppLOVed be conditioned upon payment to the DEPARTMENT of that PProval may proportion the proceeds of the sale, lease, or other conversion, or encumbrance which monies granted pursuant to this agreement bore to the original acquisition, purchase, or construction cost. G• TERMINATION +, I• For Cause: :1 v The obligation of the DEPAR 4` contingent upon satisfactory TMENT to the GRANTEE is a y of its obligations under hiseagreement.bYInh the?eventothell ?t ?" GRANTEE unjustifiably fails to s6 II (,. 1 of it by this agreement, the DEPARTMENT may refuse to ay any thereunder end/or terminate this agreement by giving written notice of termination. A notice shall be given at r least five (5) days In that event, all finishedr or to unthe finished effective documents, termination, o nte, data studies, surveys, drawings, maps, models, photographs, and reports or 1 other materials prepared by the GRANTEE under this agreement, shall become its property, and r# " °. { the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents 2 , y and other materials. d +: I r r 1 1 , -3-? a f 11 INNER r : gk a aacu 0 -- t IM1 1 ' is ry :1 i4yr ryT _ . yt ? r 1 ? 0 '7 Notwithstanding the above, the GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the r DEPARTMENT because of any breach of agreement by the GRANTEE. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the GRANTEE is determined. _ 2. Insufficient Funds: The obligation of the DEPARTMENT to make payments is contingent upon the availability of such funds through legislative appro riation d S p an tate allotment. H. RECOVERY OF PAYMENTS TO GRANTEE -- The right of the GRANTEE to retain monies paid to it as reimbursement - payments is contingent upon satisfactory completion of the project described in Appendix A. In the event that the GRANTEE fails to perform any obligation required of it by this agreement, and does not complete the project described in Appendix A, the GRANTEE shall repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. In addition, the GRANTEE shall pay interest th on e amount of out- standing funds disbursed computed at 12 percent per annum. Interest shall accrue from the time the DEPARTMENT demands repayment of funds. Any property acquired under this a reement t th g , a e option of the DEPARTMENT, may become the DEPARTMENT's property and the GRANTEE's ;. liability to repay monies shall be reduced by an amount reflecting the fair value of any such property. 1. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer must be submitted to the DEPARTMENT for approval in consulta- tion with the departments of Fisheries and Game. Prior to construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, provide assurance that all permits have been secured, and make copies available to the DEPARTMENT if requested. 2. Discrimination. Labor, and Job Safety - The GRANTEE shall fully comply with all applicable federal, state, and local laws, and regulations related to discrimination, labor, and job safety. Further, the GRANTEE shall affirmatively support the State Minority and Women Owned Businesses policies. <t r " k ' f ?C -- i N a. K Ap, J. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other overhead costs related to the project described herein, except as provided in Appendix B. -r 2. To the extent the Constitution and Laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless ' + the DEPARTMENT from any claim of liability arising out of the 4 project described in this agreement, or from operation of the } - facilities or equipment obtained. _ . r K. CONTRACT OFFICER _ 1. The extent and character of all work and services to be performed ,p y by the GRANTEE shall be subject to the review and a J pproval of the DEPARTMENT through the Contract Officer to whom the GRANTEE % shall report and be responsible. In the event that there shall - " 1 be any dispute with regard to the extent and character of the 7- work to be done, the determination of the Contract Officer as •"` to the extent and character of the work to be done shall govern. The GRANTEE shall h th i h ? ave e r g t to appeal as provided for • ' below. t ? ?? 2. For the purpose of this agreement, the Contract Officer shall - - be Jerry Louthain unless otherwise changed in writing by the Assistant Director of the Office of Water and Land Resources. • L , L. DISPUTES "'?lx Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Contract Officer, who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such atatement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.21B RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed dilicently with the nerfnrmanen rr M. AUDITS AND INSPECTIONS 1. The GRANTEE shall maintain complete program and financial records relating to the construction or purchases of equipment financed in part by this agreement. Engineering documentation and field inspection reports of all construction work accomp- lished with this agreement shall be maintained by the GRANTEE. Such records shall clearly indicate total receipts and expendi- tures by fund source and object classification. All records shall be available to the DEPARTMENT for such use as the DEPARTMENT sees fit. J } 2. Engineering documentation of construction, and all financial records prepared by the GRANTEE shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative for a period of at least three years after the final grant payment or any dispute hereunder; and in the event any such audits determine discrepancies in the financial records adjustments and/or clarification shall be made accordingly. 3. All work performed under this agreement and any equipment a purchased, shall be made available to the DEPARTMENT and to any authorized State, Federal, or local representative for inspection at any time during the course of thi s agreement and for at least three years thereafter, or following any dispute thereunder. 4. The GRANTEE shall keep all records in a manner which will provide an audit trail to the expenditures for which State support is provided, and all records shall be kept in a common file so as to facilitate audits and inspections. N. MISCELLANEOUS PROVISIONS 1. CoPyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT'S current edition of "Financial Guidelines for Grants Management," Ch. 4, shall control the utilization and disposition of all real and personal property purchased wholly or in part with funds furnished by ?h. ncneorwv All ..X , 3. Conflict of Interest: No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects -- a his/her personal interest or the interest of any corporation , partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 4. Assignments: No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE. `i 5. Waiver: Waiver of any GRANTEE default is not a waiver of any subsequent default. Waiver of a breach of any provision of ' this agreement is not a waiver of any subsequent breach and .q will not be construed as a-modification of the terms of this agreement unless stated as such in writing by the authorized ? representative of the DEPARTMENT. 6. subgrantee Compliance: The GRANTEE is responsible for ensuring that all-abgrantees, contractors, etc., comply with the terms of this agreement.e 0. ALL WRITINGS CONTAINED ]HEREIN -' This agreement, appendices, and the DEPARTMENT's current edition of "Financial Guidelines for Grants Management" contain the entire understanding between the parties, and there are no other under- standings or representations set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the GRANTEE and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation to change of Contract Officer as set forth in Section K the DEPARTMENT may modify or amend this agreement without the signature of the GRANTEE. F b 1 '+ d rAs Fi,.t 7 7 STATE OF WASHINGTON k"F DEPARTMENT OF ECOLOGY GRANTEE zzl 3' DATE ASSISTANT DEPUTY DIRECTOR GRANTEE TITLE CHAIRMAN DA . DEPARTMENT OF ECOLOGY ORGANIZATION JEFFERSON COUNTY BOARD ` OF COMMISSIONERS Approved as to form this day of , 19 p•, Al- ASSISTANT ATTORNEY GENERAL Grant No. y . r i vY,e'. Accounting Data tr V VOW' '&xo} 00 APPENDIX A r SPECIAL CONDITIONS Design/Construction. This project will be designed and constructed in accordance with applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC. The construction shall conform to the plans and specifi- cations approved by the DEPARTMENT. r Payments toward construction will not be made until the plans and specifications have been approved by the DEPARTMENT. Construction Schedule. Within thirty (30) days after the award of the construction contract, the GRANTEE will submit to the DEPARTMENT a copy of the actual construction schedule, by month, for the entire construc- tion period. f? V C , Sr APPENDIX A -, PROJECT DESCRIPTION Project Completion Date: 8 - 29 - 86 Estimated Costs for Eligible Work Items ' Work Item Unit Quan_t_ity Unit Cost Cost 2 Rip-Rap n place) Cu Yds. -1000- x,,50- 157M Barrow Excavation Cu. Yds. 1200 3.00 3,600 Total 19,100.00 w ^ ? u' ? iJt(t - P ? :ak, C N y ?,: ?Y)R ?'?'?>+'? "u ?!` lk'71,..?n1 t d,k47MM? ,'4'Ipf ',1573'wi5t4?i i t !p'? f ? f? ?I 1 l Y{ ? C l r y 4 r r , fl z .?J 1 } 1 l APPENDIX A . BUDGET INFORMATION 1 h ? MAJOR PROJECT ELEMENT S a Estimated Eligible Cost J 1. Work Items 19,100.00 ;i . z 2. Inspection fee 900.00 cluded in unit cost of (i 3. n Equipment rental " " , 1 Work Items ) - 4. Miscellaneous -0- r TOTAL ESTIMATED ELIGIBLE PROJECT COST 20.000.00 u t ' 1 4 A-3 ., i+ F1.' 1 '.bca a_! c 4 7y ?+?i 4 ?-°Fi ra a? R ?,??ry f H p$1 { .cr•1 t w7fne w LY?Z,! d J'L 1 vf.? d 0 'Nl'I l1?ti 9° a ?? Iv i ]?? _ 'M1? N r L f a t .1 S y i?'_? }1 1 °^??d t t? ?? fj? ? ? f ? p ` df4P ? ,. ? 1 << rs yg ?h` ,lf(t ,? c p 1 ?C' ?1 w L ?? 'r ti4 r?"? 1"?" r ?1, 1?! ?ri Il LlH ? L}x,'x Yif ? ? 1 r ? . 'r! { t ? ??-11x5 l? J l ^. ff I' L4 yy ISP I:?1 •I , FI 1 ?? Zr yx-,; v5 - - x a 71 6 t¢ .. ,.. -a. ?aauk??.?,?`t.??'!2 'n...._....-.......r .. .?. __.??•a._,. ....?-. :? ...s .....3 .. a.-? _ _ ,?' ?.. .?, 'i ..' ,„. OR 0 Appendix B Flood Control Assistance Account Project Grant Agreement GUIDELINE: SUBMISSION OF A19-1 VOUCHER AND SUPPORTIVE DOCUMENTS The purpose of this appendix is to assist the CONTRACTOR/GRANTEE in determining allowable items of cost. If the CONTRACTOR/GRANTEE fails to name an item of cost in the request for payment, this does not imply it is eith er allowable or unallowable; rather, determination of allowability shall be b d ase upon the treatment of similar or related items of cost. 1. Factors Allowing Cost 4 In order to be allowable, costs must: a. Be necessary and reasonable and not be a general expense, b N . ot be prohibited by any laws or regulations , c. Conform to any cost limitations or exclusions, d. Be consistent with state and federal (when applicable) policies, regulations and procedures ' , e. Be given consistent treatment through uniform accounting principles, f. Not be allocated to or included as a cost of any other state/federally financed program, past, or present , g. Be net of all allowable credits. ' ' 2. Certification To assure expenditures are proper, vouchers requesting payment must be certified by the CONTRACTOR/ GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/GRANTEE or its authorized representative before payment will be allowed . 3. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ GRANTEE, must be credited to the DEPARTMENT, either as a cost reduction , or by cash refund, as appropriate. e. 4. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimbursements may for unforeseen expenditures y be made only with the Prior written approval of the DEARTMENT " 1 ? r 5. Allowable Expenditures r ( {" No request for payment will be honored for those expenditures incurred b f F, ;• '> e ore the commencement date of the agreement, or after termination of such agreement l .,,n, , un ess otherwise agreed upon in writing. .L ,15! , G 0 I = IN ma + r d { 6. Contract Provisions Controlling r 4 K Where any discrepancies between the specific provisions of the agreement ' . and the applicable cost principles arise, the agreement provisions shall ". - apply. The DEPARTMENT will not provide reimbursement in excess of the . f DEPARTMENT'S share of the total eligible project cost. , v 7. Phone Number The CONTRACTOR/GRANTEE must include his business phone number along with the documents requesting payment to expedite processing should questions arise. S. Instructions - Form A19-1 -? Specific instructions for filling out the A19-1 voucher and supportive documents are found in "Financial Guidelines for Grants Management, 11 Chapter 6, published by the Washington State Department of Ecology (WDOE). A copy of this text is available from the DEPARTMENT and is furnished with the Pre-Application package. 9. Cost Object Breakdown !. j { . The documents supporting each request for payment must have a brief concise breakdown of each cost object under the agreement, along with,a brief explanation for the charges. s i 10. Allowable Costs r Generally, whether costs are allowable depends upon cost principles applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising compensation for personal services construction inspection depreciation and use allowances employee fringe benefits employee morale, health and welfare ^ maintenance and repair materials and supplies taxes nn h+., transportation ' travel related directly to this grant . 4 Employee benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave, and the like, if they r 9? ag } ?T E are: (1) provided pursuant to an approved leave system, and (2) the ? cost thereof is equitably allocated to all related activities, grant programs including ' F* 1 . ' ' c i '.1 r 1 is r R-2 ' ?? ?1 F 6 r. Employee benefits in the form of employers' contribution or expenses for social security, employees' life and health insurance plans, unemployment insurance coverage, workmen's compensation insurance, pension plans, severance PaY> and the like > provided such benefits are granted under ? J approved plans and are distributed equitably to grant programs and to w«A J other activities. -sn a Where any questions involving allowability of costs arise, the - , DEPARTMENT contracts officer should be consulted; otherwise, certain costa may be disallowed. 771 u 11. Payroll and Distribution of Time 4 Amounts charged for personal service, regardless of whether treated as 19! direct or indirect costs, will be based on payrolls documented and approved in accordance with the generally accepted practice of the state m or local agency. Pa rolls must be supported b time and attendance or ; equivalent records for individual employees. Salaries and wages of f employees chargeable to more than one cost objective must be supported - by appropriate time distribution records. The method used should produce e c 0 11 an equitable distribution of time and effort. Such time records must be certified by the project director. Such certified records are the only S allowable source document for charging and reporting personnel expendi- tures. * : is 12. Costs Allowable With Prior Written Approval x;14 Certain costs require prior written approval of the DEPARTMENT. Costs requiring prior approval include indirect costs, some direct costs such as equipment, insurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT officials should eliminate any questions and possible rejection of incurred costs. .i 13. Unallowable Costs T r ? Certain costs are commonly disallowed. These unallowable coats include: ' bad debts contingencies i contributions and donations entertainment r fines and penalties interest and other financial costs r? project planning work C 'r 1 r ; u rr M project design work t f,; t tF`` underrecove of costs under rY grant agreements i ? See Section XI, D.3., "Financial Guidelines For Grants. KY Management" i _ Oil, r ? r? Q 4 + rf a. Once again, whether a cost is unallowable depends upon the applicable st'1 ' cost principles to the agreement. Failure to clarify any question ?vS G'^ whether a cost is unallowable or allowable may result in its disallow- N J1 ante by the DEPARTMENT. D-3 lIuulgiz ur JW.1?Z11bUN In the matter of: X RESOLUTION NO. Initiating / xR)W* a county X project designated as X a MDO672 X IT IS HEREBY RESOLVED that the RLp-Rap Bank ProtectLon al n 1h ? n n Upper link R-f Road Log No. ') from M.P. r,-,,3q to M.P._r_a4 XXX be' t improved as follows: Extend theexLstLng RLp-Rap bank protectLon 300' along « v the Upper Hoh Road at Rock Creek n IT IS FURTHER RESOLVED that an appropriation from the officially adopted road fund budget and based on the county engineer's estimate is hereby made in the amounts and for the purpose shown: t PURPOSE PREVIOUS APPROPRIATION VOMW APPROPRIATION Engineering $--I onn nn Right of Way ih,z Acquisition _0_ R -n_ 't Sub-Total O Q0 00 '0- $ 1 ? . . .. M1 Construction: _n _ FCAAP Contract 7 County Forces Grant) TOTAL -0- $ 21,0001.'00 (10,000.00 FCAAP This project is included in the officially adopted annual road program as Item No. 8 ++ The project is hereby made a part of the officially adopted annual road program in accordance with R.C.W. 36.81.130. IT IS FURTHER RESOLVED that: _The construction is to be accomplished by contract in accord- ance with R.C.W. 36.77.020 et. seq. ,77 y The construction is to be accomplished by county forces in # accordance with R.C.W. 36.77.060 and W.A.C. 136.18. S k! . ?- PASSED AND ADOPTED THIS DAY OF r • t 1' Y f I iy BOARD OF JEFFERSON COUNTY COMMISSIONERS y SEAL: ATTESTS Chairman Member Member Clerk of the Board - ','t2uu,F w Hr. Gary Rowe Jefferson County Public Works Director 1820 Jefferson Street Port Townsend, WA 98368 Dear Hr. Rowe: , " Approved Flood Control Assistance Account Program (FCAAP) Project Grants .R `' x? Yee This letter is a follow-up of my letter of September 4, 1985 which forwarded two unsigned copies of each of the approved FCAAP project (q grant agreements in your county. Appendix A of each agreement was to be f' a u completed, and both originals signed and returned to Department of ,q Ecology for further processing. As of this date we have not received executed agreements for the following projects: ? r Total ' County Project Name Estimated Priority Applicant and Description Project Cost 1 City of Pt. Townsend Beach Restoration 75,000 J Pt. Townsend ati 2 Jefferson County Rock Creek Rip-Rap 20,000 ° We have administratively reserved 50 percent state matching funds for } ?\ these projects which, with other counties' projects, nearly fully commits } the $4 million appropriated for this biennium. We have also received rn4 applications for an additional $2.2 million worth of flood control maintenance projects in the event you or other projects come in under budget or are cancelled. t ar To permit the timely reallocation of excess or unneeded funds, we z y request that by March 1, 1986 you: (a) advise us if any of the above projects have been deleted from the county program; or (b) complete and return the grant agreements provided in September. A program review is • r y Y scheduled in early March to revalidate any project whose grant agreement is still unexecuted at that time. ry; o d January 22, 1986 Page 2 C You are also reminded that Chapter 173-145-030(5) WAC requires the submission of flood control budget reports for FCAAP applicants by February 15, 1986. If you have any questions regarding the agreements of our request, please call me at 459-6791 or Grant Fredricks at 459-6776 in Olympia. ?cerelY> Jerry Louthain Supervisor Floodplain Management JL: sc RECEIVED JAN 2 4 1986 JEFFERSON COUNTY ENGINEERS OFFICE Y. ? T a rl? f k,2)? ? i t?L I? It+ ` .. ? n 1 y ?? ? .? J J 4 i ?I L dM1' f. 1, u ? ar f M 71- r' ?a t'??' ltd} ?. lr? Yom. % FLOOD FRDQUENCY PROTECTION PROVIDED BY PRO= FACILITY Prior Yrs; Present Years; Future Years Not Applicable O ! 7. BRIEF DFSCRIPTIM OF PROTECT BENEFITS - Describe the develoWent which exists on lands protected by project facility and has this project will mitigate flood damages. ( (Attach detailed description if necessary) See attached 8. (FOR USE BY CITIES AND TOWNS ONLY) , MAT IS THE STAAnS OF APPLICANT'S C THE 1ENSIVE FLOOD CONTROL MANAMvEDIT PLAN? Ccnnpleted CJ Preparation Underway = Anticipated Completion Date / 9. SIGNATURE OF AITI11ORIZED APPLICANT REPRESENTATIVE R3Xr 385-3505 Typed Name and Title [3rinn L. Shelton, P,E., DLrector PSiaan a? 10. 's l ' z u r ... O .'K+--sore y +F Date STATUS OF COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN (FOR THIS PROJECT) `,Irn4. ; ' 1n y J Conpleted © Preparation Underway =Anticipated Canpletion ?Date Certification by County EnyineerDate -?f•--f- (to the best of my knowledge tho ve rn o ron is correceT-- 8P, k6VISE0 10-24-84 County Priority Rating C ROCK CREEK RIP-RAP "y PROJECT DESCRIPTION the work to be acomplished under this project will consist of extending the existing bank protection appro>:imatel.y 300 feet downstream from the terminus of the bank protection at, the mouth of Rock Creek along the north bank of the Hoh River. The proposed project will require the placement of appro>:imately 1000 cubic yards of rip- rap, 1200 cubic yards of fill material and the restoration of the bank above the rip-rap to its natural condition. PROJECT BENEFITS $ ?s The Hoh River is a wild river that meanders within its valley and is subject to sudden shifts of its main channel causing bank erosion and washouts along its course. Tn the past ten years, Jefferson County has placed rip-rap bank protection on the north banK of the Hoh River,and both banks of Rock Creek at its mouth upster-am of this project to prevent further damage to the Upper Hoh Road and to protect the Rock Creek Bridge on the county road. The river has since changed channels ti and is now causing erosion of the bank at the downstream terminus of the existing bank protection endangering the county road, the existing rip-rap bank protection -and possibly the bridge. This project will y prevent the further erosion of the north bank of the river, protecting the county road which serves the Hoh Rain Forest, of the Olympic u`. National Park .and several permanent residents. 1A!ll ' i ". a$ t? , t ? t+ r ?r{ 1 GENERAL HIGHWAY MAP JEFFERSON COUNTY WASHINGTON • i CL AL LAY COUNTY , ' •? ? F •, T • III I •' '• ? ff y4 i • t Ico i W I i t ' t f I Y N N I M J' 4e/ V x lY W h a ; 1 ik ? y ? q j ?{ , ? e J ! P J Cr Q t ? ?? ?r ? 'r pY F- A" j? fit ? ri ? ? v ][ U t 't? it 1 ?' ¦ ?... 11r r ??? *R.h jyg9gip" r77'7 7 p"'.? ."i'^" h ur.+„r? ,ro, ,,m? '?"_..,,m?i°" ?Ii?"?.`v. .?" "Y'nn, ?';arnem,•m,?"4 ?1 r - ' C ? ?1 rI iA Jy, W J ?? z o r W, W. I ;r ?y f t1`?i4, x v {i c p ? I 1 5ti ' n i1 i i .? sf"r'C»3i' ?i?Sk}'? 9+Y nr ,K?64?Ffi?n •rr ?ii'+? •a ? ? • ?r. +. ?? _ . y ..c A fi, ? ' Y ? APPLI('n l'1C1N !•'OR P140` C I' A.SSTR@;R r-Nl-'11',!:N(-V PROH Yes O No O +' • t" m ' ' ' ' ' Y _ I IKY.y HON tiJCI•: ACCYxJNI I I'ROi, ASSTS F'I.O()) i:C\V (Cll. 8G.26 RCW) I 2. C'(A1N'1'Y KNGINCHR k,. 1. FAKE AND ADDRESS OF APPLICA-W N:lm+=: Br Lan L. `ihet ton?_P-E- (County or Municipal corporation Address: Courthouse Port Townsend, - -.- ' Sly with mailing and location address) IVA 98368 Phone # 385-3505 ° Jefferson County,PubLLc Works Scan 576-7064 Courthouse „ Port Townsend, WA 98368 3. PROJECT` TITLE, DESCRIPTION AND LOCATION (Attach vicinity map and sketch to identify water body name, stream river mile and ° general plan map; Section, township, range, etc.) BLg QuLLcene RLver Bar anc 4. PROJECT CONTACT PERSON DebrLs Removal. Remove graveL bars a .. ,+ _ Name BrLan L. Shelton etc) dLbrLs (root wads,stumPs, Logs, v? - Address Courthouse from main channeL of the BLg QuLLcene RLver, from the mouth Ln QuLLcene Bal , 1„ Port Townsend. IVA 98368 to the SR101 brLdge through the unLn- 43 385-35 'title DLrector Phone # corporated town of QuLLcene Ln Jeffer x _ 6 son County. 5. L•'STIMATED PROJWr COST (Dollars) Project duration 3 mo/Sl,rx ' Incal Share 509' State Grant 50% Unincorporated Area O M `f other Total Cost $ 200,000 Incorporated Area O Y ' - Name of City or Town b t1'" ' ` FLOOD FRFX2U0 CY PRDTE-CPION PROVIDED BY PROJECT FACILITY Prior 2 Yrs; Present 1Years; Future 10 Years Not Applicable ` 7. BRIEF DESCRIPTION OF PRD=- BENEFITS - Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. (Attach detailed description if necessary) See attached. 4,- 0. (FOR USE BY CITIES AND TOWNS ONLY) r A11A'1' IS TILL: STATUS OF APPLICAN'l"S ODVRFJB:•NSIVE FIAXD COYrR01, MANAGEMENT P12VJ? Completed Preporation Underway O Anticipatcd Completion Date I 9. simATURE or AU111URI7.ED APPLICANT REPRrsENrNr1VB _??-t /r, •.?_ Ln-,.--. - 'lylatl Nano alnl 'title _BrLan L_ SheLton,_Di.rector1110nc # _385-3505_-,__.__, Scan 576-7064 Date /"Z?.__.-_._.._____. ---- F - 10. STATUS OF WIPREHENSIVE FLOOD CONTROL W'1NAGr1.1LTJ' PIAN (FOIL '11115 PROJI C'N + +} : ( CaijActed CSD PrclNiration Underway CD[w.ic)l"1(-W Cnnplat:ion Date _•„ a Certifthe ication x_ . Ion is cbrr?Ka)._._.._ fi bcstlof oun Y J , knowlcdgm-clii .il»ve ariCorf -...__ 14NISF.D 10-24-84 County Priority 1L.1.. Ilj - '•- a N?i f r aw k,: oa ,??' - g a gy?pg,, ia. tS?? T y I I r ? -0a• ? ? BIG OUILCENE RIVER BAR 8 UE,3RIS REMOVAL ka. . PROJECT DESCRIPTION n" The worK to be accomplished uY this, aro,jecL is the removal of aupro Umately :10,000 cubic yards cif the bed .load in.Aerial in the ; x stinq main r_hannal of the Siq Oui.lcene River that has been deposited in the past 25 Years, ',hc material consists of mosLly m} cobbles, gravel and sand, with woody debris consisting of logs, root wads, stumps, etc, The project limits are from the mouth of, the river " in Quilcene Ray to the bridge at State Highway 101. PROJECT BENEFIT'S ?s This project will mitigate the flooding and suosiquint damage to apFro>;irtnately 1.5 miles of county mnads tnot. includes two bridges with .L; estimated replacement cost of $220 K,• exisLinq flood control iX es, - and the adjacent private property, that includes resadenti.-a.i and iy_ can, err.ial development, The Bic lluilcane River has in recent tLme.s topped its banKs annually and flooded the area frort upstream cf the Rodgers Street Bridge to the mouth on r,oth sides of the main cn.inl?el ? ° causing damage to the county road syst.en, private property, and tlfra "`' y, existing flood control dikes. Additionally, the NaodY da:bri:; that, is carried downstream during the period: of high flows h_c become lodged on the underside of the bride tr. iig both dmmogr: to the bri.dg 'Ind t further flooding because of Lhe reduced capacity of the openi.ng Under the bridge. The proposed wo,r, .:t1 layer thr surface water elevation of the river during high fl.aw=, help keep the river contoined in it- o,. existing channr-l, and reduce the de4r.r carried downstream, reducing related fi.ood damage. s j s'?I ?/r' °k^I'??fN11'?rr??`fil+Rxvs »rt ('? ??@'dM?.c1?,Vi?» ANAtw? 1 .C,".:r^rta?r wemrnl?'"" p , '?iV ° ?'df!'??'?YAdsk}1 (afiYl'?gl +?y 'h?7?a5?'? ',4 a? ? j,, 6? N ? '? ? t ? 1 Y ) 274 )l I 1 J t g t MILI A TI s it 1 '.4 ? Ili y ? A ? t i r l I?? 1 v9. 1 Worn ?ti fir ?+ In :4 W n ' ?^ 1 t ? Ua t I i r l? 1 1' AZT 1 '.? r? 1 1 t? r ' hl Y Jr in ?r 9 4 1? . IT' n' I _ - -WIC , ?, ILLJ I Q' I o z I 'y (jo IILLJ QD W J 0a =, ?I 6 0 1 1 1` ?V Z ?, V h II ?.? ? o ? m :. _ Q I(_ m p W I p` I MIA<NI> tV N W, 7I O I o.. i? O ? _ ?21 4 U yr nI IIf ?, I W tl 61 rL U `? 41 r R wx w , 1 r f^ rl / J ' , 1 ?, I`VII r•?a o? ; iO? a 'v I z i C"i z 'x OD N M N N ~ a n N G) N ?UU W W 1 u Flood Control Assistance Account Program (FCAAP) Grant Agreement Between State of Washington Department of Ecology and Jefferson County THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT," and Jefferson County, hereinafter referred to as the "GRANTEE." GRANTEE'S legal address and telephone number: Jefferson County Department of Public Works 1-7 Courthouse'" - Port Townsend, WA 98368 Phone: (206) 385-3505 THE PURPOSE of this agreement is to provide funds to the GRANTEE from the DEPARTMENT to perform the work described in Appendix A pursuant to Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the > DEPARTMENT'S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: A. DEPARTMENT'S PERFORMANCE The DEPARTMENT has found that the GRANTEE satisfies the applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this agreement except by written amendment. B. PAYMENT OF GRANT FUNDS TO GRANTEE 1. Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual costs exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTMEENT's share shall not exceed fifty (50) percent of the total eligible project cost of $40,000 in cash, including Washington State Sales Tax, where applicable. 1 4 { - 1 S i uk ' ?i . r j xr 2. Requests for payment of eligible funds will be submitted by the y - GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with .4=. l information which documents the work performed, activities }'r : undertaken, and the progress of the project. The voucher request _ form and supportive documents must itemize all allowable costs s by major elements as described in Appendix A. A general guide- line for completion of the voucher request form and supportive documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to: Department of Ecology } Mail Stop PV-11 ' ??$ Olympia, WA 98504 Attention: Jerry Louthain 3. Payment requests will be submitted at least quarterly and not y,'} more often than monthly on a reimbursable basis. ` t = - 4. All payments are conditioned upon submission to the DEPARTMENT - - of the above-mentioned itemized state voucher request form, y}` certified by the GRANTEE. All payments will be for delivery of materials and/or services performed within the effective ' dates of this agreement unless a written modification is !`..? obtained. ?. 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in Appendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6. 6. Ten (10) percent of each reimbursement payment shall be withheld by the DEPARTMENT as security for GRANTEE's perform- ance. Monies withheld by the DEPARTMENT as security under the provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. -2- y C. EFFECTIVE DATE AND TIME FOR PERFORMANCE t The effective date of this grant agreement shall be July 1, 1985. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the GRANTEE. This agreement shall terminate on June 30, 1987. D. KICKBACKS The GRANTEE is prohibited from inducing by any means any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he/she is otherwise ? i entitled by Department of Labor regulations. E. BIDDING The GRANTEE shall not advertise for bids for construction until receipt of written approval from the Contract Officer. Contracts ` - for construction and purchase of equipment shall be awarded through a process of competitive bidding, if required by State law. No contract shall be awarded until approved in writing by the DEPART- MENT. The GRANTEE shall retain copies of all bids and contracts awarded for inspection and use by the DEPARTMENT. - F. CONVERSIONS The GRANTEE shall not at any time convert any equipment, property, or facility acquired or developed pursuant to this agreement to uses other than those for which State assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may ' be conditioned upon payment to the DEPARTMENT of that proportion of - the proceeds of the sale, lease, or other conversion, or encumbrance `., which monies granted pursuant to this agreement bore to the original acquisition, purchase, or construction cost. G. TERMINATION For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A notice shall be given at least five (5) days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. -3- IV 0 t _ Notwithstanding the above, the GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT because of any breach of agreement by the GRANTEE. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages. due the DEPARTMENT from the GRANTEE is determined. rr.` 2. Insufficient Funds: The obligation of the DEPARTMENT to make payments is contingent upon the availability of such funds through legislative appropriation and State allotment. J H. RECOVERY OF PAYMENTS TO GRANTEE }. The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory completion of the project described in Appendix A. In the event that the GRANTEE fails to perform any obligation required of it by this agreement, and does not complete the project described in Appendix A, the GRANTEE shall repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. In addition, the GRANTEE shall pay interest on the amount of out- standing funds disbursed computed at 12 percent per annum. Interest shall accrue from the time the DEPARTMENT demands repayment of funds. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT's property and the GRANTEE's liability to repay monies shall be reduced by an amount reflecting the fair value of any such property. I. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer must be submitted to the DEPARTMENT for approval in consulta- tion with the departments of Fisheries and Game. Prior to construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, provide assurance that all permits have been secured, and make copies available to the DEPARTMENT if requested. Discrimination, Labor and Job Safety - The GRANTEE shall fully comply with a1.1 applicable federal, state, and local S •`'r` laws, and regulations related to discrimination, labor, and ?'''• job safety. Further, the GRANTEE shall affirmatively support the State Minority and Women Owned Businesses policies. " t, Industrial Insurance - The GRANTEE certifies full compliance with all state industrial insurance laws where applicable. If the GRANTEE fails to comply with such laws, the DEPARTMENT` shall have the right to immediately terminate this agreement for cause as provided in Section R.I., herein. -4- 6r p " ' M ? ? • ?' ?? 9.t r ? hf 4 0 ?YSJ>` . . i. Iy??L { Stir hSk y 1 1 t, ?y ,. - `M iP- 1 f • ?' 1 ? y ti I n F 1 ??, 1 ?t4?; '1 ? J. INDEMNIFICATION s 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other overhead costs related to the project described herein, except as provided in Appendix B. 2. To the extent the Constitution and Laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENT from any claim of liability arising out of the project described in this agreement, or from operation of the facilities or equipment obtained. K. CONTRACT OFFICER 1. The extent and character of all work and services to be performed - by the GRANTEE shall be subject to the review and approval of the DEPARTMENT through the Contract Officer to whom the GRANTEE k shall report and be responsible. In the.. event that there shall -? be any dispute with regard to the extent and character of the . work to be done, the determination of the Contract Officer as i - ? to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to appeal as provided for below. 2. For the purpose of this agreement, the Contract Officer shall b J L e erry outhain unless otherwise changed in writing by the Assistant Director of the Office of Water and Land R esources. L. DISPUTES Except,,., as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Contract Officer, who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such statement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.218 RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed diligently with the performance of the agreement and in accordance with the decision rendered. -5- 'Kr;G' f g ??11 ? , ? s ?1 ? It k? - s 5, ? rl I Y q ? ' I C' +: ,? , 1 Fury f 1 pp 7` ? I 1 y ? l ? 5 1 Y _ ?A 311 0 C { M. AUDITS AND INSPECTIONS s z -1 " 1. The GRANTEE shall maintain complete program and financial ? - records relating to the construction or purchases of equipment ?` - " ? financed in part by this agreement. Engineering documentation .? and field inspection reports of all construction work accomp- lished with this agreement shall be maintained by the GRANTEE. Such records shall clearly indicate total receipts and expendi- tures by fund source and object classification. All records ', t J shall be available to the DEPARTMENT for such use as the r DEPARTMENT sees fit. ICi 2. Engineering documentation of construction, and all financial _ - records prepared by the GRANTEE shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit e - representative for a period of at least three years after the final grant payment or any dispute hereunder; and in the event any such audits determine discrepancies in the financial - records adjustments and/or clarification shall be made accordingly. 3. All work performed under this agreement and any equipment _ purchased, shall be made available to the DEPARTMENT and to any authorized State, Federal, or local representative for inspection at any time during the course of this agreement r and for at least three years thereafter, or following any i dispute thereunder. l 4. The GRANTEE shall keep all records in a manner which will ? 4 provide an audit trail to the expenditures for which State support is provided, and all records shall be kept in a common file so as to facilitate audits and inspections. r N. MISCELLANEOUS PROVISIONS 1. Copyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT'S current edition of "Financial Guidelines for Grants Management," Ch. 4, shall control the utilization and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of State/Federal statute(s), regulation(s), or policy(a) to the contrary. -G- r1 a s 1 k '1 ., gilt Jt k ??;?u4 ?t x ? 1 is ,1I } 7 yr ? r r 3 dt R .? ? r p ?•? r ?%rG ? r ' 1 (?? f ri f irr ? '.1 k rY 5 r , ? f ,,, e t % t.' 3. Conflict of Interest: No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 4. Assignments: No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE. 5. Waiver: Waiver of any GRANTEE default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized -`< representative of the DEPARTMENT. 6. Subgrantee Compliance: The GRANTEE is responsible for ensuring that all subgrantees, contractors, etc., comply with the terms of this agreement. 0. ALL WRITINGS CONTAINED HEREIN This agreement, appendices, and the DEPARTMENT's current edition of "Financial Guidelines for Grants Management" contain the entire understanding between the parties, and there are no other under- standings or representations set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the GRANTEE and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation to change of Contract Officer as set forth in Section K the DEPARTMENT may modify or amend this agreement without the signature of the GRANTEE. -7- - yy"?""r" / j,,, J 8y ?F ??J J ?' l(4hY?{ N 4fi dC?f t v ' ev S a rr n kr ' ' ? y¢1? r AFq 1 ?'jr?? 1.? 't. i, 3? . t y a ? l 1 r ? 't ? STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ASSISTANT DEPUTY DIRECTOR DATE DEPARTMENT OF ECOLOGY Approved as to form this _ day of , 19, ASSISTANT ATTORNEY GENERAL Grant No. Accounting Data -8- GRANTEE DATE GRANTEE TITLE ORGANIZATION APPENDIX A SPECIAL CONDITIONS Design/Construction. This project will be designed and constructed in accordance with applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC. The construction shall conform to the plans and specifi- cations approved by the DEPARTMENT. Payments toward construction will not be made until the plans and - specifications have been approved by the DEPARTMENT. ,?''• Construction Schedule. Within thirty (30) days after the award of the ?.? construction contract, the GRANTEE will submit to the DEPARTMENT a copy of the actual construction schedule, by month, for the entire construc- tion period. A-1 APPENDIX A PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant) Jefferson County GRANTEE Name: Jefferson County Project Title: Project Description: This project consists of Project Completion Date: Estimated Costs for Eligible Work Items Work Item Unit Quantity Unit Cost Cost Total A-2 APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost r 1. Work Items 2. Inspection fee 3. Equipment rental 4. Miscellaneous TOTAL ESTIMATED ELIGIBLE PROJECT COST ra5?°-s A-3 ?? F 1{ 1 A ? 1 f W Y ' ? ? y ? R F 1 71 F ? f i?? R Ji}I r ?t 7?' ?°i'{ ? e ?r r, -1 L-IJ M Appendix B =??c Flood Control Assistance Account Project Grant Agreement -- GUIDELINE: SUBMISSION OF A19-1 VOUCHER AND SUPPORTIVE DOCUMENTS The purpose of this appendix is to assist the CONTRACTOR/ GRANTEE in - determining allowable items of cost. If the CONTRACTOR/ GRANTEE fails to name an item of cost in the request for payment, this does not imply it is either allowable or unallowable; rather, determination of allowability shall be based upon the treatment of similar or related items of cost. 7: j;4 1. Factors Allowing Cost In order to be allowable, costs must: a. Be necessary and reasonable and not be a general expense, b. Not be prohibited by any laws or regulations, c. Conform to any cost limitations or exclusions, d. Be consistent with state and federal (when applicable) ?` - policies, regulations and procedures, e. Be given consistent treatment through uniform accounting principles, f. Not be allocated to or included as a cost of any other state/federally financed program, past, or present, ?='B g. Be net of all allowable credits. 2. Certification To assure expenditures are proper, vouchers requesting payment must be certified by the CONTRACTOR/GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/GRANTEE or its authorized representative before payment will be allowed. 3. Credits M The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ GRANTEE, must be credited to the DEPARTMENT, either as a cost reduction, or by cash refund, as appropriate. 4. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimbursements for unforeseen expenditures may be made only with the prior written approval of the DEPARTMENT. 5. Allowable Expenditures No request for, payment will be honored for those expenditures incurred before the commencement date of the agreement, or after termination of such agreement, unless otherwise agreed upon in writing. R-1 ! Y 4 '1' rR 'i}4 v i, iY p!l1 r vk#;'' 4! _, E k 2 y? 5 ?; 1 Y?-` Y! 1 7 1 tii ;5 rV Y I 1 # f 'I ? 1: ? f 1! y { qq ? .. n r 6. Contract Provisions Controlling Where any discrepancies between the specific provisions of the agreement and the applicable cost principles arise, the agreement provisions shall apply. 1R?: The DEPARTMENT will not provide reimbursement in excess of the'. DEPARTMENT'S share of the total eligible project cost. 7. Phone Number The CONTRACTOR/GRANTEE must include his business phone number along with the documents requesting payment to expedite processing should questions arise. 8. Instructions - Form A19-1 Specific instructions for filling out the A19-1 voucher and supportive documents are found in "Financial Guidelines for Grants Management," ;., Chapter 6, published by the Washington State Department of Ecology ' (WDOE). A copy of this text is available from the DEPARTMENT and is furnished with the Pre-Application package. ?.. 9. Cost Object Breakdown .a5. The documents supporting each request for payment must have a brief concise breakdown of each cost object under the agreement, along with a brief explanation for the charges. 10. Allowable Costs M_ ';;:;4;;, Generally, whether costs are allowable depends upon cost principles ° applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising compensation for personal services construction inspection depreciation and use allowances employee fringe benefits employee morale, health and welfare maintenance and repair materials and supplies taxes transportation - travel related directly to this grant Employee benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave, and the like, if they are: (1) provided pursuant to an approved leave system, and (2) the `t cost thereof is equitably allocated to all related activities, including grant programs. B-2 to Employee benefits in the form of employers' contribu40 tion or expenses for social security, employees' life and health insurance plans, unemployment insurance coverage, workmen's compensation insurance, pension plans, severance pay, and the like, provided such benefits are granted under approved plans and are distributed equitably to grant programs and to other activities. Where any questions involving allowability of costs arise, the DEPARTMENT contracts officer should be consulted; otherwise, certain costs may be disallowed. 11. Payroll and Distribution of Time Amounts charged for personal service, regardless of whether treated as direct or indirect costs, will be based on payrolls documented and 7 approved in accordance with the generally accepted practice of the state or local agency. Payrolls must be supported by time and attendance or equivalent records for individual employees. Salaries and wages of employees chargeable to more than one cost objective must be supported by appropriate time distribution records. The method used should produce an equitable distribution of time and effort. Such time records must be } certified by the project director. Such certified records are the only allowable source document for charging and reporting personnel expendi- tures. 12. Costs Allowable With Prior Written Approval Certain costs require prior written approval of the DEPARTMENT. Costs requiring prior approval include indirect costs, some direct costs such as equipment, insurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT officials should eliminate any questions and possible rejection of incurred costs. 13. Unallowable Costs Certain costs are commonly disallowed. These unallowable costs include: bad debts contingencies contributions and donations entertainment fines and penalties interest and other financial costs project planning work project design work underrecovery of costs under grant agreements See Section XI, D.3., "Financial Guidelines For Grants Management" Once again, whether a cost is unallowable depends upon the applicable cost principles to the agreement. Failure to clarify any question whether a cost is unallowable or allowable may result in its disallow- ance by the DEPARTMENT. D-3 ?? J t n.f i . } t to ?j ;? i £ „?, { f ,. , s ? .y s_ I . 4 J ? z ti ti?z?r m ? _ a r ?!3` L 4 'N . U' ? G _ } L ? , V, ?V j ? l Gt 5 u r ,a r '.Ey ' a i q V ?' t `d9 f 1 1 , ? x r `rr? ? ^ . I il, h K ' { ? ri r • F l dl1l,Y ?K ? y ? ;ili f'YSRY 1 - 1 rr , x:1'1 ?. '<, I '1 ?? i ?? r?y ?'1 4 ? t - Vr1 'a ?11 yry, ] f1,(............ 1l` I?h I.. Ir4i'. ) ' t ?r. d ?, 1++: Department of Public Woo PORTTOWNSEND, WASHINGTON 98368 206/385.2294 , A October 2, 1985 State of Washington Department of Ecology and Jefferson Countv Dept. of Public Works Courthouse Port Townsend, WA 98368 RE: FCAAP Grant Agreement Water Street Beach Restoration Gentlemen: In November, 1984, when the application was filed , we wer led to believe that the above project would cost approximately $75,000. We recently obtained a more detailed estimate which tot l d a e approximately $115,000. 1 ,.n We feel that at this time, the City will be unable to raise the match mone for thi l y s arger amount. Therefore, we regretfully withdraw our grant application. Thanks for your consideration to this point. Very Truly Yours l i1 l , ? Ted Stricklin, P.E. Public Works Director x ,. TS/km r-,? a r°? ^C7 Z0 +? 1 ? - 3 1 ? 4 {? A 1 µ ,1, ' 4 r11 '? J . 1 r _ J I r fi ? t ? ` S # eH ? • , § ?' _A _ _ 5ti ' ?' ?, n .cox."?39.-H4f': ? ? ' ? fa j APPLTCATTON FOR PROIRCP ASS•.CUI: ' 11.11 :1'?:I:N:Y I'I?tl Y'Is O m, `X1 t k 4? r b K FLOOD CONTROL ASSISTANCE ACCOUNT PROC;I?M1 (CFI. 86.26 ROW) rf. ,e F '" + 1. NAME AND ADDRESS OF APPLICANT :? lS IfNIY 1•NGINI•:I'It f,6 ?'n•: BrLan L. She Lton,. P: 1; -- n k C` k, (County or Municipal corporation dd ti ) ith d l ili A dre•:;;;; 7820 Jefferson St. -. (F ' on a ress w ng an oca ma City of Port Townsend 540 Water St. Port Townsend, Phone 1i 385-3505 WA 98368 ------ -_. .._. - -------- ---- . I H tiro "U c?v?n*',• Port Townsend, WA 98368 3. P1,QTI!V1' TITLE, DESCRIPTION AND hCX:AT1 ?N ' °"' "+ ?• (ikttnch vicinity map and sketch to rl•.-ri1; r•v wnt.cr body namo, stream river mLl? :r ' ?? .. - .. , _.i',.. •1-ncnil plan map; Section, trr,nsh i., 4 4. PROTECT CONr7Cr PERSON Name Ted Stricklin Address540 Water St. Port Townsend, WA 98360 Title Public Works Dir.-Phone # 229q 5. ESTIMATED PROTECT COST (Dollars) Local Share 508 State Grant 50% Other Total Cost $75,000 FLOOD FREQUENCY PROTECTION PROVIDED BY PROTECT' FAC:I I,I'n' Prior X Yrs; Present X Years; Future 100 Years Not Applicable G r.una..•, o1c.) Water street Beach Restoration See attachment "A" Prrriect duroLion _ 6 nl"),*A. Unincorporated Area O Incorporatcxi Area O Naar. (if City or 7Uwn Port Townsend 7. BRIEF DESCRIPTION OF PROTECT BENEFITS - Describe the: dovelopaent which exists on lands protected by project facility and how this project will mitigate flood dam-r.lo.s. (Attach detailed description if necessary) Project will restore seawall and rebuild beach to protect seawall and the buildings behind it. (See attachment "A") 3. (FOR USE BY CITIES AND TOWNS ONLY) WHAT IS 7I1C STATUS OF APPLTCAFII"S C(wRElu3Nsm: vijf f -'ON,rr?oi, MANAGImm, PLAN. Crnplcted ^^ l J Preparation Uralorway ( lC) Anticipated Completion IM(- 3yr. 9. SIGNATURE OF AtMIORIZED i%PPLTCANr ituRFswrATIVI: •? ;t ,: Typed Name and Title Brent Shirley, Mavor Phone N 3000 Date November 29, 1984 10. STATUS OF CCMPRE1I NSIVE FLOOD CCN'FR01, MMLIC:IMW. r PUW (1-T)R '1111S PROJEC') ^- +" Cmpleted O Preparation Underway (?Antici{vrtcxl c'rmpletion I1i1.• 6 mo. ? Certification by County Engineer J?jJ?-l c,1- r - - Date /'. &-pw (to the best of my knowledge the above in( wn is correct) %/? ` ft f NEVIS® 10-24-84 County Priority Raring Z -°f "W 9 r ?y yy,, r r-1 f l I r? ?tA ?4,i .R ??? ?VS?R[, R,N ? ?.• 1? „?i.., i??, G.;L .??;?`Ti A' n ?,{31,? r r ? ! , ?? ? _ ?., ?, _ .? ¢,. ax?= uepanment of Public Wor PORT TOWNSEND, WASHINGTON 98388 208/385.2294 ATTACHMENT "A" 7. Project Description s Benefits At the present time, especially due to the high wind driven tides, erosion of the bank material from behind the existing rip-rap is occurin Thi i g. s eros on is undermining some of the buildings and parking areas along Water Street. Beach material is also being lost at a faster rate than it is being replaced. Mr. Wolf Bauer, P.E., has been retained to design a system of groins that will allow rebuilding of the beaches to the point that they will absorb the d b P, estructive nature of the severe wind driven high tides This ill . w not only protect the historic f buildings, but will also provide beaches useable to the public and marine life. 3 sw::sY'rin Oro " t. a f.V o VV _. A V i i 5 U Z Z W a. w w t a F f !t Ra!?st J I •' - 3 I.r 4 _ a ..• e ? t ? -C F i ?- y p? F F 4 ? ? v t ?, 4 ?9? ?L'?S `I•"' F4,?ly *v +w?Ya'?:A.• ,YAK ?.WY?'t- r?ci ?'17,?'K+,-c ?? ?? Sry .. ? + ir,t f t r, r 1 I ? 1 ? ??eYIY ? ? ?? ? s 1 ,' I t r ? ?, I 1.rlr z a ?? ??? ' ?- r .,? f ! b - . pp 55 vdG? vL ? ? },??fu ( w a 0) Flood Control Assistance Account Program (FCAAP) Grant Agreement Between ZT State of Washington Department of Ecology and Jefferson County THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as the DEPARTMENT," and Jefferson County, hereinafter referred to as the "GRANTEE." GRANTEE'S legal address and telephone number: r Jefferson County Department of Public Works Courthouse 'c Port Townsend, WA 98368 Phone: (206) 385-3505 n, THE PURPOSE of this agreement is to provide funds to the GRANTEE from the DEPARTMENT to perform the work described in Appendix A pursuant to Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the :-. DEPARTMENT'S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: A. DEPARTMENT'S PERFORMANCE The DEPARTMENT has found that the GRANTEE satisfies the applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this agreement except by written amendment. B. PAYMENT OF GRANT FUNDS TO GRANTEE Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual costs exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTMENT's share shall not exceed fifty (50) percent of the total eligible project cost of $75,000 in cash, including Washington State Sales Tax, where applicable. F 4 W A "??Y h ??' f ? f F 1 p. ? y ? ? ??? ? ? ?, ?A,: h f ' ? i f 1 f41A' ? J ? .fl 1 I r r ? ? N f6??N? ti?x C s -l? 1 A ,a y ", j 1 L4 ..??tiit Requests for payment of eligible funds will be submitted by the GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with z information which documents the work performed, activities t" undertaken, and the progress of the project. The voucher request form and supportive documents must itemize all allowable costs by major elements as described in Appendix A. A general guide- t line for completion of the voucher request form and supportive - documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to: " Department of Ecology Mail Stop PV-11 Olympia, WA 98504 Attention: Jerry Louthain 3. Payment requests will be submitted at least quarterly and not more often than monthly on a reimbursable basis. 4. All payments are conditioned upon submission to the DEPARTMENT of the above-mentioned itemized state voucher request form, certified by the GRANTEE. All payments will be for delivery of materials and/or services performed within the effective dates of this agreement unless a written modification is obtained. 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in Appendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6. 6. Ten (10) percent of each reimbursement payment shall be withheld by the DEPARTMENT as security for GRANTEE's perform- ance. Monies withheld by the DEPARTMENT as security under the provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. -2- 0 C. EFFECTIVE DATE AND TIME FOR PERFORMANCE The effective date of this grant agreement shall be July 1 1985 - , . Any work performed prior to the effective date of this agreement will b e at the sole expense and risk of the GRANTEE. ` This agreement shall terminate on June 30, 1987. D. KICKBACKS The GRANTEE is prohibited from inducing by any means any person _ employed in the construction, completion, or repair of public work to give up any part of the compensation to which he/she is otherwise entitled by Department of Labor regulations. E. BIDDING The GRANTEE shall not advertise for bids for construction until receipt of written approval from the Contract Officer. Contracts for construction and purchase of equipment shall be awarded through a process of competitive bidding, if required by State law No . contract shall be awarded until approved in writing by the DEPART- MENT _ . The GRANTEE shall retain copies of all bids and contracts awarded for inspection and use by the DEPARTMENT. F. CONVERSIONS The GRANTEE shall not at any time convert any equipment, property , or facility acquired or developed pursuant to this agreement to uses othe th h - r an t ose for which State assistance was originally approved with t i ou pr or written approval of the DEPARTMENT. Such approval may b e conditioned upon payment to the DEPARTMENT of that proportion of th e proceeds of the sale, lease, or other conversion, or encumbrance whi h c monies granted pursuant to this agreement bore to the original acquisition, purchase, or construction cost. G. TERMINATION For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A notice shall. be given at least five (5) days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other material a. -3- M1B?: Notwithstanding the above, the GRANTEE shall not be relieved of .may liability to the DEPARTMENT for damages sustained by the DEPARTMENT because of any breach of agreement by the GRANTEE. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the GRANTEE is determined. ' 2. Insufficient Funds: The obligation of the DEPARTMENT to make payments is contingent upon the availability of such funds_ through legislative appropriation and State allotment. H. RECOVERY OF PAYMENTS TO GRANTEE The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory completion of the project described in Appendix A. In the event that the GRANTEE fails to perform any obligation required of it by this agreement, and does - - not complete the project described in Appendix A, the GRANTEE shall repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. i" In addition, the GRANTEE shall pay interest on the amount of out- standing funds disbursed computed at 12 percent per annum. Interest shall accrue from the time the DEPARTMENT demands repayment of funds. Any property acquired under this agreement, at the option of the _ DEPARTMENT, may become the DEPARTMENT's property and the GRANTEE's liability to repay monies shall be reduced by an amount reflecting the fair value of any such property. . I. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer must be submitted to the DEPARTMENT for approval in consulta- tion with the departments of Fisheries and Game. Prior to construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, provide assurance that all permits have been secured, and make copies available to the DEPARTMENT if requested. 2. Discrimination, Labor and Job Safety - The GRANTEE shall fully comply with all applicable federal, state, and local laws, and regulations related to discrimination, labor, and job safety. Further, the GRANTEE shall affirmatively support the State Minority and Women Owned Businesses policies. 3. Industrial Insurance - The GRANTEE certifies full compliance with al. state industrial insurance laws where applicable. If the GRANTEE fails to comply with such laws, the DEPARTMENT shall. have the right to immediately terminate this agreement for cause as provided in Section 11.1., herein. -4- J. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other overhead costs related to the project described herein, except as provided in Appendix B. 2. To the extent the Constitution and Laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENT from any claim of liability arising out of the project described in this agreement, or from operation of the facilities or equipment obtained. K. CONTRACT OFFICER 1. The extent and character of all work and services to be performed r - by the GRANTEE shall be subject to the review and approval of the DEPARTMENT through the Contract Officer to whom the GRANTEE ,. shall report and be responsible. In the event that there shall be any dispute with regard to the extent and character of the work to be done, the determination of the Contract Officer as to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to appeal as provided for below. 2. For the purpose of this agreement, the Contract Officer shall be Jerry Louthain unless otherwise changed in writing by the Assistant Director of the Office of Water and Land Resources. L. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is a... not disposed of in writing shall be decided by the Contract Officer, ;.. who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such ?0 statement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.218 RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed diligently with the performance ?s,ls of the agreement and in accordance with the decision rendered. -5- u J f >n Ko t ,? ' Wk a' / I i J i y , { yy ? J ? ?.1 1 a , t 4 S.V ? f r ? k4Jr ? ? ? I1 1 l 1 '.l y t? l 1? f j at 7 ? I ? I 1 J I qd ? r M 1 L?^QU¢ ' ' ? ,a. t 1g5?A? f . ?! c 0 M. AUDITS AND INSPECTIONS 1. The GRANTEE shall maintain complete program and financial records relating to the construction or purchases of equipment financed in part by this agreement. Engineering documentation and field inspection reports of all construction work accomp- lished with this agreement shall be maintained by the GRANTEE. Such records shall clearly indicate total receipts and expendi- tures by fund source and object classification. All records shall be available to the DEPARTMENT for such use as the DEPARTMENT sees fit. 2. Engineering documentation of construction, and all financial records prepared by the GRANTEE shall be open for audit or { inspection by the DEPARTMENT or by any duly authorized audit representative for a period of at least three years after the .' final grant payment or any dispute hereunder; and in the event any such audits determine discrepancies in the financial records adjustments and/or clarification shall be made accordingly. 3. All work performed under this agreement and any equipment 'T'.5??=?:?:5"' purchased, shall be made available to the DEPARTMENT and to any authorized State, Federal, or local representative for t. inspection at any time during the course of this agreement and for at least three years thereafter, or following any dispute thereunder. . ?S 4. The GRANTEE shall keep all records in a manner which will ? provide an audit trail to the expenditures for which State J -?S ' - support is provided, and all records shall be kept in a • -:'::;i. >: common file so as to facilitate audits and inspections. N. MISCELLANEOUS PROVISIONS 1. Copyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT's current edition of "Financial Guidelines for Grants Management," Ch. 4, shall control the utilization and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of State/Federal statute(s), regulation(s), or policy(s) to the contrary. -6- r ? A - 3. Conflict of Interest: No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 4. Assignments: No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE. $. Waiver: Waiver of any GRANTEE default is not a waiver of any subsequent default. Waiver of a breach of any provision of art this agreement is not a waiver of any subsequent breach and ' will not be construed as a modification of the terms of this -? agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. 6. Sub grantee Compliance: The GRANTEE is responsible for ensuring that all subgrantees, contractors, etc., comply with the terms of this agreement. 0. ALL WRITINGS CONTAINED HEREIN This agreement, appendices, and the DEPARTMENT's current edition of "Financial Guidelines for Grants Management" contain the entire understanding between the parties, and there are no other under- standings or representations set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s). of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the GRANTEE and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation to change of Contract Officer as set forth in Section K the DEPARTMENT may modify or amend this agreement without the signature of the GRANTEE. -7- r STATE OF WASHINGTON DEPARTMENT OF ECOLOGY DATE ASSISTANT DEPUTY DIRECTOR DEPARTMENT OF ECOLOGY 0 GRANTEE DATE GRANTEE TITLE ORGANIZATION Approved as to form this _ day of , 19_ ASSISTANT ATTORNEY GENERAL Grant No. Accounting Data -S- APPENDIX A SPECIAL CONDITIONS ti Design/Construction. This project will be designed and constructed in t, accordance with applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC. The construction shall conform to the plans and specifi- t cations approved by the DEPARTMENT. Payments toward construction will not be made until the plans and specifications. have been approved by the DEPARTMENT. _ Construction Schedule. Within thirty (30) days after the award of the construction contract, the GRANTEE will submit to the DEPARTMENT a copy of the actual construction schedule, by month, for the entire construc- tion period. A-1 APPENDIX A PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant) City of Port Townsend GRANTEE Name: Jefferson County Project Title: Project Description: This project consists of Project Completion Date: Estimated Costs for Eligible Work Items Work Item Unit Quantity Unit Cost Cost Total A-2- 3 1 V +?T ti t+ :' \ti t.? ?4 3 11 p 3 ids APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost 1. Work Items 2. Inspection fee 3. Equipment rental 4. Miscellaneous TOTAL ESTIMATED ELIGIBLE PROJECT COST A-3 ke 3 1 C 1 ti ?; ?t ? ? 5t a? t l 51 5 ? ` r t? 00 " '.l ? 1 ? 1'? ? ?5 ..j yh ?`], i -? C r 7 C } "r j I ? ? 4 ( h f ?( r^ y { a d ^ ip As I1 E- C Appendix B Flood Control Assistance Account Project Grant Agreement GUIDELINE: SUBMISSION OF A19-1 VOUCHER AND SUPPORTIVE DOCUMENTS - The purpose of this appendix is to assist the CONTRACTOR/GRANTEE in - determining allowable items of cost. If the CONTRACTOR/ GRANTEE fails to name an item of cost in the request for payment, this does not imply it is either allowable or unallowable; rather, determination of allowability } shall be based upon the treav!=,nt of similar or related items of cost. - 1. Factors Allowing Cost In order to be allowable, costs must: a. Be necessary and reasonable and not be a general expense, - b. Not be prohibited by any laws or regulations, C. Conform to any cost limitations or exclusions, d. Be consistent with state and federal (when applicable) - policies, regulations and procedures, e. Be given consistent treatment through uniform accounting principles, f. Not be allocated to or included as a cost of any other - state/federally financed program, past, or present, g. Be net of all allowable credits. 2. Certification To assure expenditures are proper, vouchers requesting payment must be - certified by the CONTRACTOR/ GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/GRANTEE or its authorized representative before payment will be allowed. I 3. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ GRANTEE, must be credited to the DEPARTMENT, either as a cost reduction, or by cash refund, as appropriate. 4. Unforeseen/Emergency Expenditures 2 A contingency line item providing a specified amount for reimbursements jy for unforeseen expenditures may be made only with the prior written r approval of the DEPARTMENT. All b di ?I?y r tures owa le Expen 5. No request for payment will be honored for those expenditures incurred tr r before the commencement date of the agreement, or after termination of such agreement, unless otherwise agreed upon in writing. B-1 Aft 6. Contract Provisions Controlling Where any discrepancies between the specific provisions of the agreement and the applicable cost principles arise, the agreement provisions shall apply. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT'S share of the total eligible project cost. 7. Phone Number The CONTRACTOR/GRANTEE must include his business phone number along with the documents requesting payment to expedite processing should questions arise. x 8. Instructions - Form A19-1 _ Specific instructions for filling out the A19-1 voucher and supportive documents are found in "Financial Guidelines for Grants Management," Chapter 6, published by the Washington State Department of Ecology (WDOE). A copy of this text is available from the DEPARTMENT and is furnished with the Pre-Application package. 9. Cost Object Breakdown The documents supporting each request for payment must have a brief concise breakdown of each cost object under the agreement, along with a brief explanation for the charges. 10. Allowable Costs Generally, whether costs are allowable depends upon cost principles applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising compensation for personal services _ construction inspection depreciation and use allowances employee fringe benefits employee morale, health and welfare maintenance and repair materials and supplies taxes transportation travel related directly to this grant Employee benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave, and the like, if they are: (1) provided pursuant to an approved leave system, and (2) the cost thereof is equitably allocated to all related activities, including grant programs. '., B-2 Employee benefits in the form of employers' contribution or expenses for - social security, employees' life and health insurance plans, unemployment insurance coverage, workmen's compensation insurance, pension plans, d? severance pay, and the like, provided such benefits are granted under approved plans and are distributed equitably to grant programs and to other activities. yy,, rr7?g Where any questions involving allowability of costs arise, the DEPARTMENT contracts officer should be consulted; otherwise, certain costs may be disallowed. mr ? i` 11. Payroll and Distribution of Time ? Amounts charged for personal service, regardless of whether treated as direct or indirect costs, will be based on payrolls documented and ???1 approved in accordance with the generally accepted practice of the state _ or local agency. Payrolls must be supported by time and attendance or = equivalent records for individual employees. Salaries and wages of employees chargeable to more than one cost objective must be supported b y appropriate time distribution records. The method used should produce 1 an equitable distribution of time and effort. Such time records must be ` certified by the project director. Such certified records are the only - Fil. allowable source document for charging and reporting personnel expendi- tures. 12. Costs Allowable With Prior Written Approval - , Certain coats require prior written approval of the DEPARTMENT. Costs requiring prior approval include indirect costs, some direct costs such as equipment, insurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT officials should eliminate any questions and possible rejection of incurred costs. 13. Unallowable Costs Certain costs are commonly disallowed. These unallowable costs include: bad debts contingencies contributions and donations entertainment fines and penalties interest and other financial costs project planning work project design work underrecovery of costs under grant agreements See Section XI, D.3., "Financial Guidelines For Grants Management" Once again, whether a cost is unallowable depends upon the applicable cost principles to the agreement. Failure to clarify any question whether a cost is unallowable or allowable may result in its disallow- ance by the DEPARTMENT. D-3 pl L av '+r ??'??9Ji741tN4N`il???? ? d r S t ? V t t i i w s r? << 1 y . ;; M> . u? 0 0 ` Flood Control Assistance Account Program (FCAAP) Grant Agreement Between State of Washington Department of Ecology and ' ?r Jefferson County + r ? THIS isa binding agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as the ?e - "DEPARTMENT," and Jefferson County, hereinafter referred to as the "GRANTEE." + GRANTEE'S legal address and telephone number: Jefferson County Department of Public Works Courthouse I Port Townsend, WA 98368 . Phone: (206) 385-3505 THE PURPOSE of this agreement is to provide funds to the GRANTEE from the i ' DEPARTMENT to perform the work described in Appendix A pursuant to t r Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the - - DEPARTMENT'S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: A. DEPARTMENT'S PERFORMANCE The DEPARTMENT has found that the GRANTEE satisfies the applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this agreement except by written amendment. B. PAYMENT OF GRANT FUNDS TO GRANTEE. 1. Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual. costs exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTME.NT's share shall not exceed fifty (50) percent of the total eligible project cost of $75,000 in cash, including Washington State Sales Tax, where applicable. 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in Appendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6, 6. Ten (10) percent of each reimbursement payment shall be withheld by the DEPARTMENT as security for GRANTEE's perform- ance. Monies withheld by the DEPARTMENT as security under the provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE, shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. 2- 0 Requests for payment of eligible funds will be submitted by the GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with information which documents the work performed, activities undertaken, and the progress of the project. The voucher request form and supportive documents must itemize all allowable costs by major elements as described in Appendix A. A general guide- line for completion of the voucher request form and supportive documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to: Department of Ecology Mail Stop PV-11 Olympia, WA 98504 Attention: Jerry Louthain 4.. A1.1 payments are conditioned upon submission to the DEPARTMENT of the above-mentioned itemized state voucher request form, certified by the GRANTEE. All payments will be for delivery of materials and/or services performed within the effective dates of this agreement unless a written modification is obtained. 3. Payment requests will be submitted at least quarterly and not more often than monthly on a reimbursable basis. ? j r3 132 r For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A notice shall be given at least five (5) days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. -3- w. x ,'4;t dl' a % ? r Wi ?? l ?: 1 t l 1 1 M1 "I A_11? 1 rr _ ?,? . 5dt ?_.__ .. _ _ _i r _ r .?.._ .?.-.. .. .., fe3 J r ?-?y - • rn r. ...n x! A.. rr w... n i., rr .... r v wun ? 41 EFFECTIVE DATE AND TIME FOR PERFORMANCE The effective date of this grant agreement shall be July 1, 1985. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the GRANTEE. This agreement shall terminate on June 30, 1987. D. KICKBACKS The GRANTEE is prohibited from inducing by any means any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he/she is otherwise entitled by Department of Labor regulations. E. BIDDING The GRANTEE shall not advertise for bids for construction until receipt of written approval from the Contract Officer. Contracts for construction and purchase of equipment shall be awarded through a process of competitive bidding, if required by State law. No contract shall be awarded until approved in writing by the DEPART- MENT. The GRANTEE shall retain copies of all bids and contracts awarded for inspection and use by the DEPARTMENT. F. CONVERSIONS The GRANTEE shall not at any time convert any equipment, property, or facility acquired or developed pursuant to this agreement to uses other than those for which State assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that proportion of the proceeds of the sale, lease, or other conversion, or encumbrance which monies granted pursuant to this agreement bore to the original acquisition, purchase, or construction cost. G. TERMINATION °•` Notwithstanding the above, the GRANTEE shall not be relieved of r-r liability to the DEPARTMENT for damages sustained by the DEPARTMENT because of any breach of agreement by the GRANTEE. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the GRANTEE is determined. y 2. Insufficient Funds: The obligation of the DEPARTMENT to make payments is contingent upon the availability of such funds _ '•y'r through legislative appropriation and State allotment. s ' H. RECOVERY OF PAYMENTS TO GRANTEE The right of the GRANTEE to retain monies paid to it as reimbursement ' payments is contingent upon satisfactory completion of the project described in Appendix A. In the event that the GRANTEE fails to perform any obligation required of it by this agreement, and does -'"• not complete the project described in Appendix A, the GRANTEE shall repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. In addition, the GRANTEE shall pay interest on the amount of out- standing funds disbursed computed at 12 percent per annum. Interest • shall accrue from the time the DEPARTMENT demands repayment of funds. "? - Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT's property and the GRANTEE's liability to repay monies shall be reduced by an amount reflecting ' L the fair value of any such property. I. COMPLIANCE WITH APPLICABLE LAWS, AND REGULATIONS The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer must be submitted to the DEPARTMENT for approval in consulta- tion with the departments of Fisheries and Game. Prior to construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, provide assurance that all permits have been secured, and make copies available to the DEPARTMENT if requested. 2. Discrimination, Labor, and Job Safety - The GRANTEE shall fully comply with all applicable federal, state, and local laws, and regulations related to discrimination, labor, and job safety. Further, the GRANTEE shall affirmatively support the State Minority and Women Owned Businesses policies. 3. Industrial Insurance - The GRANTEE certifies full compliance with all state industrial insurance laws where applicable. If the GRANTEE fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section 11.1., herein. -4- - J. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other overhead costs related to the project described herein, except as provided in Appendix B. ; 2. To the extent the Constitution and Laws of the State of ,'i• Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENT from any claim of liability arising out of the ?+. project described in this agreement, or from operation of the facilities or equipment obtained. K. CONTRACT OFFICER The extent and character of all work and services to be performed 1 . by the GRANTEE shall be subject to the review and approval of the DEPARTMENT through the Contract Officer to whom the GRANTEE shall report and be responsible. In the event that there shall f th e be any dispute with regard to the extent and character o ? work to be done, the determination of the Contract Officer as t to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to appeal as provided for below. 2. For the purpose of this agreement, the Contract Officer shall be Jerry Louthain unless otherwise changed in writing by the 01 ? Assistant Director of the Office of Water and Land Resources. r, L. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Contract Officer, who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such statement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.2113 RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed diligently with the performance of the agreement and in accordance with the decision rendered. -5- 1 ?¢ a' r 72 M. AUDITS AND INSPECTIONS _ 1. The GRANTEE shall maintain complete program and financial records relating to the construction or purchases of equipment r financed in part by this agreement. Engineering documentation and field inspection reports of all construction work accomp- a^" ..? - lished with this agreement shall be maintained by the GRANTEE. Such records shall clearly indicate total receipts and expendi- tures by fund source and object. classification. All records w shall be available to the DEPARTMENT for such use as the DEPARTMENT sees fit. 2. Engineering documentation of construction, and all financial - -- records prepared by the GRANTEE shall be open for audit or % -` inspection by the DEPARTMENT or by any duly authorized audit - W representative for a period of at least three years after the final grant payment or any dispute hereunder; and in the event any such audits determine discrepancies in the financial records adjustments and/or clarification shall be made accordingly. - 3. All work performed under this agreement and any equipment - - ":' purchased, shall be made available to the DEPARTMENT and to x any authorized State, Federal, or local representative for inspection at any time during the course of this agreement -^ and for at least three years thereafter, or following any ti dispute thereunder. r ?a 4. The GRANTEE shall keep all records in a manner which will .Y provide an audit trail to the expenditures for which State support is provided, and all records shall be kept in a if common file so as to facilitate audits and inspections. t N. MISCELLANEOUS PROVISIONS 1. Copyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT's current edition of "Financial Guidelines for Grants Management," Ch. 4, shall. control the utilization and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of State/Federal statute(s), regulation(s), or policy(s) to the contrary. -6- ua- Aga 3. Conflict of Interest: No officer, member, agent, or employee _ of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. r 4. Assignments: No right or claim of the GRANTEE arising under ? this agreement shall be transferred or assigned by the GRANTEE. 5. Waiver: Waiver of any GRANTEE default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this _ agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. - 6. Subgrantee Compliance: The GRANTEE is responsible for ensuring that all subgrantees, contractors, etc., comply with the terms - of this agreement. 0. ALL WRITINGS CONTAINED HEREIN This agreement, appendices, and the DEPARTMENT's current edition +f 4 of "Financial Guidelines for Grants Management" contain the entire understanding between the parties, and there are no other under- standings or representations Eet forth or incorporated by reference '-. < •!'h herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the GRANTEE and DEPARTMENT ti and made a part of this agreement; EXCEPT, that in relation to t? change of Contract Officer as set forth in Section K the DEPARTMENT r ° may modify or amend this agreement without the signature of the GRANTEE. Y -7- STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANTEE K _ d d DATE DATE 6C ASSISTANT DEPUTY DIRECTOR GRANTEE TITLE DEPARTMENT OF ECOLOGY ORGANIZATION r , Approved as to form this day ,. of 19_ f F t y. ' ASSISTANT ATTORNEY GENERAL ' - Grant No.? Accounting Data '. y -8- my 0 APPENDIX A SPECIAL CONDITIONS Design/Construction. This project will be designed and constructed in accordance with applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC. The construction shall conform to the plans and specifi- cations approved by the DEPARTMENT. Payments toward construction will not be made until the plans and specifications have been approved by the DEPARTMENT. Construction Schedule. Within thirty (30) days after the award of the construction contract, the GRANTEE will submit to the DEPARTMENT a copy of the actual construction schedule, by month, for the entire construc- tion period. A-1 APPENDIX A PROJECT DESCRIPTION MUNICIPAL CORPORATION (Applicant) City of Port Townsend GRANTEE Name: Jefferson County Project Title: Project Description: This project consists of Project Completion Date: Estimated Costs for Eligible Work Items Work Item Unit Quantity Unit Cost Cost Total A-2- M r s 5,. ?k ' 1y y?.2 71 ? a C APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost 1. Work Items 2. Inspection fee 3. Equipment rental 4. Miscellaneous TOTAL ESTIMATED ELIGIBLE PROJECT COST A-3 Ll au ? aa?a ?'• . ; Appendix B Flood Control Assistance Account Project Grant Agreement _ GUIDELINE: SUBMISSION OF A19-1 VOUCHER AND SUPPORTIVE DOCUMENTS The purpose of this appendix is to assist the CONTRACTOR/ GRANTEE in ?'?.. determining allowable items of cost. If the CONTRACTOR/GRANTEE fails to name an item of cost in the request for payment, this does not imply it is either allowable or unallowable; rather, determination of allowability shall be based upon the treatment of similar or related items of cost. r 1. Factors Allowing Cost =,xr In order to be allowable, costs must: " a. Be necessary and reasonable and not be a general expense, b. Not be prohibited by any laws or regulations, c. Conform to any cost limitations or exclusions , d. Be consistent with state and federal (when applicable) ' policies, regulations and procedures, e. Be given consistent treatment through uniform accounting principles, f. Not be allocated to or included as a cost of any other I+ state/federally financed program, past, or present, - g. Be net of all allowable credits. 2. Certification To assure expenditures are proper, vouchers requesting payment must be certified by the CONTRACTOR/ GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/ GRANTEE or its authorized representative before payment will be allowed. 3. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ GRANTEE, must be credited to the DEPARTMENT, either as a cost reduction, or by cash refund, as appropriate. 4. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimbursements for unforeseen expenditures may be made only with the prior written approval of the DEPARTMENT. 5. Allowable Expenditures No request for payment will be honored for those expenditures incurred before the commencement date! of the agreement, or after termination of such agreement, unless otherwise agreed upon in writing. B-1 s ". = a. ?§ - ? i'T1d?, iy 1 'X?1 ? '._'Twalyh?W ?. ??? r? h?;, ! t qq'? ? ? ai 1k ? 1 aYI,+G ? S1'y?" GNYb 1? ` 1 hAl' •i, MAC A I ??qq Y. 6. Contract Provisions Controlling _ Where any discrepancies between the specific provisions of the agreement and the applicable cost principles arise, the agreement provisions shall apply. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT'S share of the total eligible project cost. 7. Phone Number @ The CONTRACTOR/ GRANTEE must include his business phone number along with the documents requesting payment to expedite processing should questions arise. 8. Instructions - Form A19-1 Specific instructions for filling out the A19-1 voucher and supportive ' documents are found in "Financial Guidelines for Grants Management " f , Chapter 6, published by the Washington state Department of Ecology r ? (WDOE). A copy of this text is available from the DEPARTMENT and is furnished with the Pre-Application package. 9. Cost Object Breakdown Th d e ocuments supporting each request for payment must have a brief concise breakdown of each cost object under the agreement, along with a brief explanation for the charges. - 10. Allowable Costs Generally, whether costs are allowable depends upon cost principles applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising compensation for personal services construction inspection { depreciation and use allowances employee fringe benefits employee morale, health and welfare - r { maintenance and repair •,., ? `?,?rwr ; materials and supplies r`e.t taxes ' transportation travel related directly to this grant Employee benefits in the form of regular compensation paid to employees tt2{?,1 77, during periods of authorized absences from the job, such as for annual -.?+ ^d?y1 2 leave, sick leave, court leave, military leave, and the like, if they are: (1) o id d 7 pr v e pursuant to an approved leave system, and (2) the rn,A,cmaannrsret cost thereof is equitably allocated to all related activities, including grant programs. B-2 . -E` it ???S??i? ?'4r ?,??? '• rr?r..t, T 9R CliCt,WrtLC`,d8t3+R? ¦ ?A A R t ? 0 +rl 14, y ?aA r r i + ,? Y' rx 0 Employee benefits in the form of employers' contribution or expenses for social security, employees' life and health insurance plans, unemployment insurance coverage, workmen's compensation insurance, pension plans, severance pay, and the like, provided such benefits are granted under approved plans and are distributed equitably to grant programs and to other activities. Where any questions involving allowability of costs arise, the DEPARTMENT contracts officer should be consulted; otherwise, certain costs may be disallowed. i 11. Payroll and Distribution of Time *- - r Amounts charged for personal service, regardless of whether treated as } direct or indirect costs, will be based on payrolls documented and approved in accordance with the generally accepted practice of the state or local agency. Payrolls must be supported by time and attendance or equivalent records for individual employees. Salaries and wages of employees chargeable to more than one cost objective must be supported a - " - by appropriate time distribution records. The method used should produce .?s' - an equitable distribution of time and effort. Such time records must be - certified by the project director. Such certified records are the only `.- allowable source document for charging and reporting personnel expendi- tures. c 3 t 12. Costs Allowable With Prior Written Approval Certain costs require prior written approval of the DEPARTMENT. Costs requiring prior approval include indirect costs, some direct costs such T - as equipment, insurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT officials should eliminate any questions and possible rejection of incurred costs. ..Vfl r, 13. Unallowable Costs ' } r i) ';? Certain costs are commonly disallowed. These unallowable costs include: bad debts contingencies contributions and donations entertainment fines and penalties interest and other financial costs project planning work project design work underrecovery of costs under grant agreements See Section XI, D.3., "Financial Guidelines For Grants Management" Once again, whether a cost is unallowable depends upon the applicable cost principles to the agreement. Failure to clarify any question whether a cost is unallowable or allowable may result in its disallow- ance by the DEPARTMENT. D_? k: 1 ra biJ a3E 1 / F tir! i? % X F F ,V A gh?E ?L r1 t i?'? r r Z g, a r?_ 77-i f , I/ 7 71} I - ? I ??L ,-?S rr ST, yr v ! Y .._, MMO p[[ a i no Y , 1 l -& 3 ?? z t r ? fir, ! l 4 ? t Fro ?? , oil h l3 Yd's' V so ? lo. iJr ?a? ? J k ? 3 rn5?, , m N oil a _ La h 1 I h ?f ly f? J'? t p f 1 ? ? f F ` r.?f ' rt a nl ?N I5 J *, 1-1-11 JEFFERSON COUNTY _ March 20, 1987 Carl Glatze Department of Ecology Mail Stop PV-11 Olympia, WA 98504-8711 Dear Mr. Glatze: 0 DEPARTMENT OF PUBLIC WORKS 1820 Jefferson Street P.0. Box 1220 Port Townsend, WA 98368 (206) 385.3505 Gary A. Rowe, Director Robert G. Nesbitt, RE, County Engineer Jefferson County would like to apply for a Flood Control Assistance Grant. The type of grant we require is to help develop a comprehensive Flood Control Management Plan. Attached are the following: 1. Flood Control Assistance Application; 2. Comprehensive Flood Control Management Plan Certification Checklist; 3. Description of Jefferson County's Flood Control Sub-zone Districts for the Big Quilcene River and the Brinnon; 4. Vicinity map showing sub-zone boundaries. If you have any questions or need additional information please call me. Sincerely, Robert G. Nesbitt, P. E, County Engineer Encl. xc: PWA 02 FLO 06.18 Off,tO 100% Recycled Paper a x S W, . ; . a STATE OF WASHINGTON ® `??EPARTMENT OF ECOLOGM) APPLICATION I RL FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (Chapter 86.26 RCW) COUNTY PRIORITY RATING 1 OF 1. APPLICANT a. Name of Entity Jefferson County b. Department/Division C. Address 1820 Jefferson St., P.O. Box 1220, Port Townsend, WA 98368 d. County Jefferson e. Telephone No. 385-3505 SCAN 576-7064 f. Contact Person Robert G. Nesbitt 2. COUNTY ENGINEER a. Name Robert G. Nesbitt b. Address Jefferson County Courthouse P 0 Box 1220 Port Townsend WA 98366 c. Phone No. 385-3505 SCAN 576-7064 3. PROJECT a. Title Comprehensive.Floord Control Management Plan q Qu7?Cene River Basin b. Location: Water Body Sawal ,p5 R,vor Rac,n Section Township Range Note: Attach detailed plans, construction drawings, vicinity maps & general plan. 4. TYPE OF GRANT a. xx Comprehensive Flood Control Management Plan b. Nonemergency Project c. Emergency Project 0%5. TOTAL ESTIMATED COST 580,000.00 Attach detailed breakdown of estimated costs. % 6. TOTAL STATE FUNDS REOUESTED $ 60,OOn 00 -- % 7. SOURCE OF LOCAL MATCH general obligation funds ( 1 cash ( ? revenue bonds/ certificates ( ) other ( ) 6. PROJECT DURATION FROM: July 1, 1987_, To: June 30.- 9U _ CCy nap-l0 1 ,( y -'^"'T?'^IR" `^'AT^FAi?WTR+/?t' i!VI'?t1iGk7 'M°'?r; - '^?1'SM?yr6NTW1iJ4?4SMM?'K .NnF 4 M?'X 111` , ?? ,r J y 4 If R Al t 1 9. FLOOD FREQUENCY PROTE IEWN PROVIDED BY PROJECT FACT Prior Year Flood Frequency Present _-Year Flood Frequency Future --Year Flood Frequency Not Applicable X 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages, 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated X Preparation underway Completed -,- Anticipated completion date ?i!ng,,?.989__ _ 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES 1 1 NO (X)l (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending ( ) date received- preliminary consultation ( ) yes ( ) no 1 ) NA (X)0 ° .................°----_.._......_.......____.__•_-•-•-°---...__....___._.._.__ ...._......_..__..__._... b. CORPS PERMIT pending ( ) date received_.___... preliminary consultation ( ) yes ( ) no ( ) NA (X)[ --...'--....--° ......................••---.._._....__°___ ....._...---_______•__---....._^__._...--°-........_._._.._._. c. SHORELINE PERMIT pending ( 1 date received preliminary consultation ( ) yes ( ) no ( ) NA (X)D _.........._' ........................'_°°_-__-°^ --'_••--'._.__...........---........................._ d. WATER QUALITY CERTIFICATION pending ( 1 date received preliminary consultation ( ) yes ( ) no ( ) NA (X)O ...............•----......... _....._.. _.. _.....-•-----•------•.. .. _..---.........---...----.......--------.....----......... e. FLOOD CONTROL ZONE PERMIT pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA (XX) • ...................................................._................_.... ----....................._.............----...... f. OTHER (list) pending ( ) date received-- _ ___ ._,•__ preliminary consultation ( ) yes ( ) no ( ) NA (XX) 14. SIGNATURE of a thorized representative of APPLICANT u Date /lre% SIGNAT 'ot<authorized rep esentative of COUNTY (if different from above) ''? - ? -- - ?%s fC.Le?l4'?- . -•-- ?---.-._ Date 2 1i u 111` r ?y r 4e +r,ixvsn a1 e v t, sx xl 11p1 yr t tt.w a rtiq r ?? 1 ? 1w'A ' ??I t i. ! J )91A b „d tl:?. t A ?w ? r 4' I ? 177` t+.i'. ?r+a i l t { .? t 1 )t'l° c'' d `?1,rmp, ? ? r} .n ?°' 1 , i ' rl r7 t c, _ ? i? t ?,t l J 1 ; ? S i r J ?J YY r ? d ( it i ? 5 .? f nt F r ?: i Y ?J .fir. ?. t r ? y - i 1 ?rt? y 1 .. ? f:i ti +M1? 77 j A y €?`3 i B U D GET INFORMATION PROJECT TITLE Comprehensive Flood Control Management Plan PROJECT DESCRIPTION To develop comprehensive flood management plans for the Big Quilcene River and Dosewallips River Basins. BID ITEMS aF UNITS QUANTITY UNIT COST COST TOTAL BID ITEMS COST DESIGN PRE-ENGINEERING $70,000.00 ADMINISTRATIVE COSTS in.nnn.on INSPECTION FEE MISCELLANEOUS SALES TAX TOTAL PROJECT COST $80,000.00 1F (attach additional sheets if necessary.) 3 r;. A r? i hrwsa??. .. - ?.{ W EVA k 0 M COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS CERTIFICATION CHECKLIST y? r r This checklist will serve as the basis for certifying eligibility for Flood Control Assistance Account Program funds. Chapter 86.26.050 RCW requires that comprehensive flood control management plans must be completed and adopted within three years of the date of certification that they are being prepared in order for eligible municipal corporations to continue eligibility for FCAAP funding. Prior to execution of a grant by the Department of Ecology, this checklist must be completed and submitted. Once a completed checklist is reviewed and approved by Ecology, conditions related to the comprehensive flood control management plan development will be incorporated into the grant agreement. The date of certification will be the date of final grant execution by Ecology. INSTRUCTIONS: Please fill in the following information. 1. The following cities, towns, counties, and special districts have signed an interlocal agreement for the development and implementation of the comprehensive flood control management plan (please attach copies): 2. The following city, town, or county is designated as the appropriate local authority responsible for developing` of ^ the comprehensive flood control management plan: Jefferson County 3. The extent of the planning area shall be: Big Quilcene River Basin w(pj &r Y "i ' •'" Dosewallips River Basin (C t es, towns, and counties may develop the plane to it2 W apply jurisdiction wide. If less than the entire +?, ?yr,A watershed, please explain how the extent of planning u.4 : rk.4s1; area was determined.) ?; ss C ? ??j'tA {? N ?^v s ?1 ,.'°?,;X'., •ulXr ..YY ? C71? ? Q?iL ktl4?Urf ? ? ! Ire""f ?t ? t L f t J 1 ? + 11 j C x 1 1 5 ? 1•] ?G {j l4 1 1 1 5• 1 1 l6 r , 1j; .._.__`.u._._.__-_?___ _._-___- - `?_. ___?_L »_--. - ___??? ??!` • . .. f ..-.?_?_ A,A r. ! .n.?V ..n yr .. '-? ?a5.] r g L ?w 4. Status of the comprehensive flood control management plan: A. Scope of work developed yes ( ) no (X) (Please attach.) B. Request for proposals developed yes ( ) no (X) (Please attach.); C. Development of plan has begun. yes (XX) no If yes, which of the following plan elements has been completed? ¢ i) Description of the watershed XX, ii) Identification of the types of watershed flood Au problems iii) Location and identification of specific problem 9t ! areas iv) Description of flood damage history _ V) Description of potential flood damages vi) Determination of the need for flood control ] M work vii) Short-term and long-term goals and objectives for the planning area ''- 5. If the comprehensive flood control management plan has t not yet been completed, please describe the anticipated schedule: a , " A. Draft complete Date June, 1988 B. Public hearings Date July, 1988 C. Review complete Date November, 1988 a D. Adoption consideration Date Januarv, 1989 E. Submittal to Ecology Date February. ]QAq s. 4 r + a 6. Which of the following state agencies have been !;'1 consulted during the development of the plan or scope of work?' R A. Department of Fisheries Date' B. Department of Game Date C. Department of Ecology Date SIGNATURE OF AUTHORIZED REPRESENTATIVE OF APPLICANT e?2? ?C Date y //, /, iYBI SIGNATURE OF AUTHORIZED REPRESENTATIVE OF COUNTY ( f t ont, rom?a ove) " Date -? +15 L r +! w.w 4 Sl'A-.E: OF WhSHINGTON x' COUN`iY OF JEFFERSON S ' r In the mot.t.er of „ 'Revision of thu Boundary X of the Oui.lcene Flood X Control Sub-Zone District X Resolution WHERPtS, or. the 16t.h day of September, 1985, in regular meeting, the Board of County Comrt._ssxoner•s upon their own motion unanimously passed Re,,c-.lut.ion Number 65-D5 initi.ating the revision of the I:oundary of the Qui.lcene Flood Control Sub-Zone District in accordance with R.C.W. £16.15.010, et sco., an rl? WHEREAS, notice of a public hearing of the intent of the Commissioners to „ revise the boundary of the Ouilcene Flood Control Sub-Zone District wac given mode and p..b'lished as provided by law, said hearing wac• treld Ur the 'nth day cf OctobFr. 15'85, at the heur of 2:00 P.M., in the Commisv..oner=. Chambers of the County Courthouse located in Jefferson County, Washington, the date and place ' .R fixed by such Resolution and Public Notice for said hearing, and; WHEREAS, all persons attending said public hearing were given the opportunity to be heard and comment on the revision of said District Boundary a and the Commissioners find that said District Boundary should be established and that it is in the best interest of the County the area to be served by said District: general public and the IT IS RESOLVED that the Jefferson County Board of Commissioners does hereby revise the Boundary of the Ouilcene Flood Control Sub-Zone District. IT IS FURTHER RESOLVED that, the revised boundary of said Ouilcene Sub-Zone be described as follows; THE Oi,_IIL90K F0911 GOt,11F;9L 99B-Z0L4F iI5.jBjCT That po.•tion of Section 19, Township 27 North, Flange ] West, W.M.. and that portion of Sections 4, 15, 22, 23, 24. 26, 34 and 35, anci all of Sections 9, 16, 21, 27, 28, .and 33 of Township 27 North. Range 2 West, L.M., and that portion of Sections 8, 9, 10 and Si, of Township 26 North. Range 2 West, W.M., and that portion of the Olympic National Forest, Ouilcene District, and that portion of the Olympic National ParK, and that portion of Ouilcene Bay more particularly described as follows.: t ca ` ti;, x+ ai t `r?1 x r ¢ i t . • i ?? ? vi `?' x { ? ii tT r r LLIL " Beginning at a point in Ouilcene hay on the section line commo Sections 18 .an 19 t T t , n o . 27 N., R. 1 W said intersection of said section lin p r l 5 e and the westerly bounda y of the oyster claim deed under application no, 3500 (Tidela Section 19); th d T t n ax C in ence west along said section line 23.1 chains more a less to the section r corner common to Sections 18 and 19, T. 27 N. R. 1 W. and Sections 13 and 24, T.27 N R l ., . 2 W.; thence continuing west along the section line common to Sections 13 and 24 R. 2 w. to th T k ? 7 -4 , . 27 N,, e section corner common to Sections 13, 14, 23 and 24 thence south along the secti .., on line common to Sections 23 and 24 to the centerline of S.R. 101; thence t a?T Ss F wes erly and southwesterly along said centerline of S.R. 101 to the east-west Secti FrSr% * quarter section line of on 23; thence west, along the east-west quarter section line to the 1/4 earner common to Sectio 2 ,. i ns 3 and 22; on the east-west thence continuing west q secion l 1 e 1 e to e center OF thence north along S t: the io northt n h F t too south qu.arter section line e 1/4 corner common to Sections 22 t th n he north-south quarter section ence hrou along line l t 15 t h cth th a n th ` o g e center of ion s c e north 1/4 corner of section 15; thence west along the section line common to Sections 10 and 15 to the s common to Se ti ti d ec c on corner ons 9, 10, 15, and 16; thence north along the section line common to Sections 9 , and 10 to the section corner common to Sections 3, 4, 9 and 10; li n e o n " ne common to Sections 3 and 4 to the southnline ofothetNl/2 ofction N1/2 of Section 4; thence west l _4 t c" a ong said south line to the boundary line of the Olympic National Forest; th N enc southerly along said ational Forest Boundary to the ridge that forms the divid Fenny Creek, its b n g 1 e etween unnamed tributaries, and Dry tributaries; thence westerly along the b id t r l !, y r` r e ge that forms the ween Fenny Creek, its unnamed t divide l' ributaries, and Dry Creek, its unnamed tributaries, to the southerly summit of G laying withi th n reen Mountain e boundaries of the Olympic National. Forest; thence northwesterly along the ridge to the th M 4 nor erly summit of said Green ountain; thence westerly along the ridge to the south Mount Townsend; t l er y summit, of hence southerly and southwesterly along the ridge to the summit of Buckh tr orn Mountain; thence southwesterly along the ridge to Marmot Pass; thence south l er y along the rid National Park to Warrior Peak; thence continuing southerly oalong nthe ridge to Mount Constance; thence co ti id n r nuing southerly along the ge to the boundary of the Olym i ' p Natio al F c National Park and the Olympic norest; thence easterly along the rid thence ea e t t J g s o Mount Cra g; erly and southeasterly along the ridge through Secti and 9. T'. 26 N ? . 2 W ons 8 southeasterly, northeasterly . to Buck, and northerly talong ttheCeridgetethat forms the divide betwe ?. en Flbo Creek and Marple/Spencer Creek drainages through Sections 9, 16 and 10, T, 26 N., R W Walker Pass; thence northwesterly and northeasterly along the ridt through Section 34, T. 27 N. ge Mount WalKor; thence northerly alongrthe ridgee,thaty foFrmst the r southerly divide of the Big Guilcene River watershed through Section 35r T. 27 N., R. 2 W., to the section line common to Sections 30 and ryl ' 26, T. 27 N.. R. 2 W,; thence east along said sec ^ 2 South 6, T 1/4 comer tion tti y r quarter section Section thence north along the lnine orth?snuth R?- -r 9M the center of 26 to the North 1 /4 corner of Section 26; thence east along the section line common to C, its Sections 23 and 6 to the section corner common to Sections 23, 24, , 25 and 26; thence north along the section line common to sections 23 6 :r t 1 i? S w •? V f I.? 1 r ?? r ti.t N (la J r Q 1 s r Z' *f . d 2 ? an 4 to the north line of the 61/2 of the S1/2 of Section 24; thence east, along said north line to the center of the SEI/4 of S t 24 ec ion ; thence south along the west line of the E1/2 of the E1/2 y- " of Section 24 to the high tide line of the westerly limits of Ouilcene tray; Thence southerly along the westerly high tide line of Ouilcene Ray to the westerly projection of the north line of Tract 10 of the State Oyster Reserve at Oua'_r.ene in Section 25, T. 27 N. R. 2 W. and Section 30, T. 27 N., R. 1 W.; thence east along said projection, and continuing east along the north line of Tract 10 and along the south line of Tract 8 to the east line of Tract 8; thence 4 - north along said east lane to the south line of Tract 3; thence east h . along said south line to the east line of Tract 3; thence north ;. along said east line to the north line of Tract 3; thence west along m ^ said north line to the west line of an oyster claim deeded under application no. 343E (Tideland Tax r. in Section 19); thence north along said west line to a point on the south line of an oyster claim deeded under application no. 3500 (Tideland Tax C in Section 19); thence northwesterly to the intersection of the north line of Section 1.5, and the west lane of -ideland Tax C, the Point of P sr Beginning. nr1, Containing 51,000 acres, more or less. n, IT IS FURTHER RESOLVED that the area described herein y, incorporate any and all watersheds located in said described boundaries: + A ? AhOPTEIi THIS e1A1 a.. DAY OF __ -7 __1985. „F -- - - - - - - - - - - John L. Fitts, Chaipman r - - - - - - - - - - - - - - H. G. Brown, Member 1 w` ( La Tennison, Member------• SEAL Zt A f y ?. ATTEST N", t {, -- ?t4vb}pc??r,?eirN; „y+-' t erdine C. Fragg etK of the Board LiA. ;. 1 ?a it kF 1' Fay ? ? _ , gg ? ? 777 .y 7.1 _ r . FLC7 03, to STATE OF WASHINGTON N fir, COUNTY OF JEFFERSON i In the matter of X a" Revision of the Boundary X Resolution No. of the Brinnon Flood x Control Sub--lone District X jj-L WHEREAS, on the 16th day of September, 1985, in regular meeting, the ?. `. Board of Count.>• Commiissioners upon their own motion ur,.an7mously passed Reeoluti.on Number 66-85 initiatin the revisi f th d B f th B i ? g on o e oun ary o r e nnon Flood Control Sub-lone District in accordance with R.C.W. 86.1.5.010, et seq., ' and WHEREAS, notice of a public hearing of the intent of the Commissioners to revise the boa d.ary of the Brinnon Flood Control Sub-Zone District was givea, made. and publif.hed as provided by law, said hearing was held on the 7th day.of. October, 1985, at the hour of 2515 F'.M., in the Commissioners Chambers of the County Courthouse located in Jefferson County, Washington, the date and place fired by such Reso)uti.on and Public Notice for said hearing, and; WHEREAS, all persons attending said public hearing were given the ? opportunity to be heard and comment on the revision, of said District Boundary and the Commissioners find that said District Boundary should be established and that it is in the best interest of the County, the general public and the area to be served by said District; 1 IT IS RESOLVED that the Jefferson County Board of Commissioners does hereby revise the Boundary of the Brinnon Flood Control Sub-Zone District; IT IS FURTHER RESOLVED that the revised boundary of said Brinnon Sub-Zone be described as follows; THE B[<INNON FLOOD CONT$OL M=MNE P1915191 PEI That portion of Sections 2, 3, 4, and 5, Township 25 North, Flange 2 West, W,N., and Sections 8, 9, 15, 16, 22, 27, 31, and 35, Township 26 North, Range 2 West, W.M., and all of Sections 17, 18, 19, 20, 21, 28, 29, 30, 32, 33 and 34, Township 26 North, Range 2 West, W.M., and Sections 13, 14, 15, 16, 17, 20, 21, 22, 23, 24 and 25, Township 26 North, Range 3 West, W.M. and that portion of the Olympic National Forest, and that portion of the Olympic National Park, and that portion of the Hood Canal more particularly described as follows: as ,? ?a? 4a t° . r ?c M ? Beginning in Hood Canal at the high tide line and the easterly M1 projection of the south line of Section 2, 7.25 N., R. W.; thence northerly along said high tide line to the easterly projection of a the north line of the S1/2 of the 61/2 of Sections 2 and 3; thence t west along said north line to the east line of the SWI/4 of Section 3; thence south along the said east line of the SWI/4 to the south x .sa 1/4 corner of Section 3; thence west along the section line common to Sections 3 -arid 10 to the section corner common to Sections 3, 4, 9, and 10; thence north along the section line common to Sections 3 ' and 4 to the north line of the Sl/2 of the SI/2 of Section 4; thence west, along said north line to the north-south quarter section line;'. thence north along said quarter section line to the center of Section 4; thence west alono the east-west, quarter section line to the west 1/4 corner of Section 4; thence continuing west along the south line of Gov't. Lot 5 in Section 5 to the southwest corner of ?r said Gov't. Lot 5; thence north along the west line of Gov't. Lot 5. to the south line of the N1/2 of the N112 of Section 5; thence west .a:l.ong said south line to the southwest corner of Gov't. Lot 2; thence north along the west line of Gov't. Lot 2 to the north 1/4 corner of Section 5; thence west along the section line common to Section , T. 25 N., R. 2 W. and Section Section 32, 1'. 26 N., R. 2 W. to the southwest section corner of Section 32, T. 26 N ,P R.2 W.; thence north along the section line common to Sections 31 and 32 to r a the ridge that forms the divide of the Dosewallips Fiver and the Duckabush River watersheds; thence westerly through Section 31 and a I 7 portion of the D1ympic National Forest to the summit of Mt. Jupiter; thence continuing westerly along said divide of the Dosewallips River and Duckabush River through said through said National Forest land and into the Olympic National Park to the summit of Mount La Crosse; thence northwesterly along the ridge that forms the divide a of the Dosewallips River and the Quinoult River watersheds through Anderson Pass to the summit of Mount Anderson; thence northwesterly along the ridge to West Peak; thence northwesterly, northerly, and northeasterly along the ridge that forms the divide of the Silt Mra Creek and Hayes River watersheds to the summit of Sentinal Peak; thence northwesterly along the ridge that forms the divide of the Dosewallips River and Hayes River watersheds to the summit of Mount Claywood; thence easterly and norteasterly along the ridge that forms the divide of the Dosewallips River and Lost River watersheds through Lost. Pass to the summit of Lost Peak; thence continuing northeasterly along said divide to the easterly summit of haunt t Cameron; thence easterly along the ridge that forms the divide of the Dosewallips River and the Cameron Creek-Gray Wolf Riveri watersheds to the summit of Mount Iaeception; thence southeasterly along the ridge to the summit of Mount Fricaba; thence southwesterly f along the ridge to the summit of Mount Mystery; thence southeasterly along the ridge that forms the divide of the Dosewallips River and ; y the Dungeness River watersheds through Constance Poss to the summit of Mount Constance; thence southerly along the ridge to the boundary of the Olympic National Forest and the Olympic National. Park; thence ?y easterly along the ridge that forms the divide of the Dosewallips t?,?s.... Fiver and the Big OuilceneFiver watersheds to the summit of Mount ; Crag; thence continuing easterly and southeasterly along said divide ? to the summit of Buck Mountain; thence easterly and southerly along p y the ridge that forms the divide of the Dosewallips Fiver and Marple Creek-Jackson Creek watersheds through Sections 9, 16, 15 and 22, T. 26 N. R. 2 W., to the summit of Mount, Turner; thence southeasterly t - 77 ,v.?.t, 4H,r r H?r.'r 4 vii i ; .+> 4'a'.w? " k"T?,";1 ,a c.• r ;,1 r .? !, ri 1 t I°?. along the ridge that forms the divide of the Dosewallips and Turner E Creek watersheds through said Section 22, to the sunmi.t of Greenk r' H.1.1 laying in the N.E. 1/4 of Section 27, i'. 26 N., R. 2 W.; thence s continuing southeasterly along said divide through Section 27, to the section corner common to Sections 26, 27, 34, and 35, T. 26 N., ' R. 2 W.; thence south along the section line common to Sertions 34 and 35 to the west 1/4 corner of Section 35; thence east along the east-west quarter section line of Section 35 to the high tide line, said point being within the right-of-way of S.R. 101; thence southerly along the high tide line to the southwest corner of Tract 1 of the State Oyster Reservation at Hrinnon; thence easterly along' the south line of said Tract I to the east line of the Hrinnon Oyster Reserve; thence southerly along said east, line to the low l tide line in Hood Canal; thence southwesterly and southerly along said lower low tide line to the easterly projection of the south° line of Section 2, T. 25 N., R. 2,W.; thence westerly along said p projection to the high tide line and the place of beginning. , g Containing 74,900 acres, more or less. % IT IS FURTHER RESOLVED that the area described herein incorporate any and all watersheds located in said described boundaries; ADOPTED THIS T DAY OF 1985. 1?U4'/JE2.• a -------- -----•------ . if ------ < 1 /_ ;?. -ohn L. Fitts, Chairman i; H. er G. Hrown Memb ------- i x ' i')7 i nr ?? ar iennason. Member 'fir . »?' it SEAL df ATTEST rdiner C1 rk of the Hoar r • paT pp S'?,•+a"V - •l •i( 'r11:drf3Ji6 °`d'd? °ir iy? •e0 e6p, N- - e O )\? k I` - ,'`d P'rr • ? F 6 • •C ? iii ? 2. O ? \ ? xr?i 3N3J]//10 F pN - r ? .?ilLl PVL O ??r - e° Q`rl ,• •I I ?D. !;, 3? Ll api"'LarFy ••`•°-••••8" ,•...• •'S, `•? fl ?Y ?V[ x p?d.1;?. ` 4?•*'- -_.., x 8r zl NI- ° - I- - -I k : I P;?'PC .y I I ? I ? V1 ,• LPr?"+? _O ? I i i ? I I ?a , x i5i1 i }:lol c^ I k? ?. y /cr I I rT tz -T e,r,{„ ?- ?_ '' I J I tl f I k I , I p ?. A = C O I l ?•°° I '.? ?, F'A N.?. A ?';O •.J ?_ I's I k z 1 U.l ; t I I K? C2 ----I --I ?I---I-- '' I \ . t '?, 9 ruAHO r.i.? I T *? #N,? .?. E a7 sf ?oet,o%,Pg?od? ° JEFFERSC? WA% I q P' ` ti °•d • w'? ^., 5 DEPARTMENT C }NSPORT t PUBLIC TNANM CooKMI • Cr] VS. DCPANTMCNT 1 ,P.+ fLDCNAL MIDNw 7 ?. . 4 o w+LNA?u? wtw ~' JEFFERSON COUNTY qD *?'?1t? ?, ? rir ? DII . r r .. 1 !d t? A d i t_ N F? -.Stlti? Off. / f W ?L I 10 • ANDREA BEATTY RRdKER Du«?« '"....+ J I " i E?? a ,s IDS7 ° ' STATE OF WASHINGTON J Fi [i2SO"t LUU:JI( DEPARTMENT OF ECOLOGY ,. ,. , O"1r3,CF, CON11,11ISCm 'n 4a # Mail Stop PV-11 • Olympia, WashirWton 98501-8711 • (206) 4596000 February 20, 1987 Dear Potential Grant Applicant: } Enclosed is one copy of each of the following for your information and use in filing applications under the Flood Control Assistance ??.. Account Program: f ?- - Program Guidelines - Fact Sheet - Chapter 173-145 WAC _ Application Form „ Certification Checklist r - Budget Information (Sample) The enclosed copy of Chapter 173-145 WAC is the final version which s , was adopted January 27, 1987. Please discard any previous editions of this regulation. The following is the schedule for applications to be considered for '• funding by the beginning of next biennium: * March 31, 1987 - Deadline for submittal of prioritized applications by counties to Ecology. * April 13, 1987 - Ecology review of applications for eligibility. * May 13, 1987 - Priority list developed by Ecology and available for review. * May 28, 1987 - Public Hearing, 2:00 P.M. in Yakima, Department of Ecology Regional Office, 3601 W. Washington, Conference Room 1 * May 29, 1987 - Public Hearing, 2:00 P.M. in Lacey, Department of Ecology Headquarter's Office, Room 273, Abbot Raphael Hall, St. Martin's College Campus * June 15, 1987 - Ecology sends grant agreements to counties for signature. • July 1, 1987 - Earliest date Ecology signs grant agreements. Applications will be accepted throughout the biennium for grants not intended to start on July 1, 1987. The application form should be reproduced and a separate application form submitted for each application for a non-emergency project or an emergency project. The application form may also be used to apply for grant assistance to develop a comprehensive flood control management plan. All applications must be submitted through the appropriate county official. .qp., w "? ?????x?c?pJh?+ r y', m_t\ ?tin'?ti?,r ? '.?8 ??'! w?A? ?? r tier l I?f; l S N oal. 1 1 1 t t n?N Y i t ;?,r I 1 ? i ?r A condition of all grant agreements during the 1987-1989 biennium, _ except those for emergency projects, will be a certification relating to the development of a comprehensive flood control management plan within three years from the date of signature of the grant agreement by Ecology. The enclosed certification checklist is to be used for this process. The scope of the plan and the time schedule for completion of the plan will be developed by the local authority responsible for preparation of the plan. Department of Ecology staff will be available to assist in this process so that agreement can be reached prior to certification b Ecolo once a com ted l e. y gy. p e checklist is received and approved by Ecology, conditions related to . the comprehensive flood control management plan will be incorporated into the grant agreement. The date of certification will be the date of final grant execution by Ecology. No grant agreements, except for emergency projects, will be signed by Ecology for the 1987-1989 s biennium until the certification process is complete. " Since funds from this account can now be used to assist local - governments in the preparation of comprehensive flood control management plans, and development of these by counties, cities, and w° towns is a condition of receipt of state funds for non-emergency projects, the Department of Ecology is placing high priority this biennium on providing funding assistance to local governments for development of their comprehensive flood control management plans. ;.{ You are therefore encouraged to assign a high priority to development of your comprehensive plan during the next biennium which ends on June 30, 1989. If you need state financial assistance in the development of this plan, please include this as one of your applications for the next biennium. Please contact Carl Glatze at (206) 459-6776 or SCAN 585-6776 or Lisa Randlette at (206) 459-6792 or SCAN 585-6792 if you have any questions. Sincerely, Jerry Louthain Flood Plain Management Section,:' Shorelands and Coastal Zone Management Program Enclosures ?Au f1? 44 ! .1 1 ( r N ?W .1 ?Yi u ?` ,- 1 1 H 4 h . r{ ?tA ??z- s ? ..;1E r ' OTS-1336; 7 1 , f } ?r Chapter 173-145 WAC iy ee ADITNISTFATTON OF THE FLOOD CON73OL ASSISTANCE. ACCOUNT Pnr:f;NAN WAC y 173-145-010 Authority and purpose. ? - 173-145-020 Definitions. 173-145-030 Eligibility criteria for FCAAP funds. - 173-145-040 Comprehensive flccd control management plan 1cvCM1+1. 173-145-050 Flood plain management activities. 173-145-060 FCAAP project application process. 173-145-070 FCAAP project approval prccess., 173-145-080 ((Priority-ef-ff#A4-prejeeks)) Criteria for t"V allocation of funds. 173-145-090 Flood control assistance account ((eenteibatienm-nnd Pre7 eet-match)) fundine_and matrhin1 rr9 . uir-ents. .„ _____ ,f 173-145-100 Emergency fund administration. 7 173-145-110 Multi((-))year projects. f 173-145-120 Work standards for all FCAAP projects. r 173-145-130 project construction monitoring. 73-145-140 173-145-140 Written agreements. q,?`;py 173-145-155 Approval of changes to written agreements. AM_42AT0p Y_SF.CTION (Amending Order DE 05-10, filed 6/21/85) r r• r 7 WAC 173-145-010 AUTHORITY AND PUFPCSF.. ((Ehe pkee-?}2v-t:ere-ef °t - ege}et-aeseien7-nmended-ehepker-86v46-0EWp-aknte--pariieinakien ?rS' -t in--f}eed--eenlzei--maintenenee--(khe-eek};-BEW-B6:?6.-B}B-ertd-95.-}6.-}a8 L'- 1 preside-lhnk-the-Weehingtea-deperkmeak-ef-eee}ogy-{WBBS}-she}}__ndmin- -?h _'1f i•eter-ertd -e mferce-the-£}red-rostra}-nseiatanee-necen nt-r-green-{FPA#Pf A ? emleb}typed--hy--khc--net:)) ACW_P6_76_O50_pro_vi•tes_that counties nnd p ?.:w of er mun icinal c r orgtions re^. ? 7t;; ' 4____________p_P_ pons blc _f nr E1 n7 nrr;I ma ntrn, _, 1 f may_.ipgly_ to tAe depactm nt f ero1211 for f nap Lal a t n for tho_ oreparAtion of comprehan_iv fl ogd con col manal_me pro nt_FLnn. _anl]? •;d, ' o fl od control maintenance jects_ T ho pur_ pcap_of ^1ch 1 is f,a dnzcrjhe•1_in_nCW N_6_26_105_ The dcpar tment_-hall determine_p_rpritirs ant alloc rt e gv_ai la bl fool ----------- from the flood r, oncr21 a. i rant ac lint 1 ' lr og_rpn (EM-21 among: h9-;1;--9q untten _np?ly Lno_f r as¢f once and f ^,?r4, l / y;: y _IlAll_l dopt regu4nt ion: est3p13_hinl the cz#terfr by which _-_ucA__yl lc_ } - cltiors__sh11L he made Such criteria:sne11n1L ne_base,] upon_proposnlq uh a , Ifkoly_tobring_thou t_pl is hef itg come n )r_ire vltl the t} nnoun t_ of__ to to -_ --A_ allocttall_thcreto_ This chapter describe,. the manner wh in ich ((WBef.) ) ecology will implement the provinionc of the ;y act. _ 't ..: 4 1 r ? f F S; ?ai ?'? k t' N IVh ?. A7nwPAI. aY_5FST14(Amending Order DE 05-10, filed 6/21/85) f y l 1 f•.:, a i}r.` r:F k'L fi {?A WAC 173-145-020 DEFT NIT TONS. For the pnrpnac of thi:: cl rotor p ?Mv, ((nnd-snhvegenn!-rege}nliena-fermuietnd-far-t ioodp}e{r-ennrogement-rrm- _ i lv Lr grnaa-krt-Wn+hin'iten)the Co h owing dofiniticno ?hall he uned: (1) "Applicant." ((is)) An oLLlihlo municipal corporation seeking c• r t` r matching fundu for flood control maintenance Work. i 17) '-Appropriato local authority.-' ((}M)) ),county, city, or town ' havin7 planning and land use jurisdiction within ((the)) i__r lrca K1isL in rl?Sfr`.i?, I , eentvbi dD, covered by the )) =pmpanLeniiwn_fimm,7spn asi_*_nndgs- t L tft4T i _ l(e?en? - r 1?1 ?f? ` (3) t o 1 o n t c ? ?1a Zjt 3_iv!?,__ r2_&_rt_LSs?ii-p-i--?---yr1t p _nf _ir*341nn ?J? '?? n?rssi^_1Y__^_nl1__ttn___.]pproPrintn locA l_49th3EitY_.nLl__rrc_rnepiY ?1;;' ? e f .? ,1 K) i?.. ?!\... rw w..?u .+w.,nrr. ..?. ... ..... ....... ..?.-.........,. ...... .. ... ... ..... ?l??n ... r. .. 4n4 '1 "?,' d ? T luuyAtdi' r IJ l f ! 9 i m fhi f ? r l l t :? 'l f. t Y L) 4 r r F ? ? f i Y a 1 t S ._3 L r n '??91 i 2 Faw a (S. lu ??tr R ?- R ,' - - -. ,' eng±nee r_wtich__vetiftes_the understa n.l Lng am_to whgt_th e_comprehengi. v_e E1 d c_ntrol oanngeme r.t o13n w-ill c ntaini_the timing ani_nntic ildted pr loch nl _:2 orting _cl dile that will all ovfor__ce}o1y__r_y_iev_ . _ - and inn t luring_the_plan lev l_pme t_ 14L "Comprehensive flood control manage mo nt plan (r CPI P)." ((is)) A document which ((provides-e-means ef-p}enni ng-fer-end a n}noting-eta inTaels--of-e-f }eoA-eentra}-Peeg xe s-within-a-river-bn _i r.;-svb basin;-ee - 6 other-erea-le-ensure-that-w exk-dens-en-speeiE ie-pre leek-de lirIties--is rampati h}e--wit b--tae-gea}s-and-ebjeetivem-far-the-oxen-enveeed-hy-the - e}en)) determines the neFd_cgr_Eloe11 centre! world ronsirler3 alterta- tiv_e_[o in str a fl d e ntr 1 Y identifies ind an id r r p ten- tt'1 inFacts f tostream_flo j c ntrol m rk n f. rate iC st re re _ou [crsta_1_idtntifies the river _ __m_ander 1 lt__ of __a pail wly, a: . .,,. ?A.- do-ribe3 in wAC 173-145-040. (({v 5 t Th i• tad L1' §•- mti , ^ .. .. })) 11 Coun y engineer- ((xs)) _ e appon lu tc war.., director, county engineer, or the person designato.l to act for the county engineer. (({5})) 161 -'Eligible municipal corporation." ((ice}ad es-hat-is y rot-}im ited-te))C ounties, cities, towns, en nee rva Lion district., ((and)) flee,! control zone nistr iets._or any spacial districts ((vhirh here-f}eed-eertre}-re specs}h}?i}'see)) subject to_f In mt conditions. (({5})) 171 "Emergency fund." ((in)) That potion of the biennial appropriation allocated to the flecd control assistance account. which is set aside for emergency projects. (({;})) L1 "-mergem cy project." ((is)) Flocl control work nerg_ sary_for_re_as on s_aeclared by_the ai oronr_a to toed! oath ority__and as ' authorived and approved by ((w9e£) eeglogy which must he doneimmedi- ately to protect lives ((nnd)) or property. (({H})) 121 "Flood compatible land uses." ?'hose uses of the land vithir, the river's meander belt or floodvay which comply with the min- imum state, federal, and local. flood plain management rogulation requirements. _ 1(i q}--wp}eed--centre}-respmnsibi}ily-'-irony-atnfntory-r«eppnsi- bi}ity-rhieh-}se}odes-er-is--divert}y--re}eted--ke--centre}}icy--f}ant _ rntersr--Prerenlien--ef--f}eed--denages;-er-the-pzoteetien-eE-}sfe-end preps rey-Erem-E}eed-dnmeges .)) (10) "Flood plain management activities." ((ere°netir}ties--es def}n ed)) gcti_vi!j,gdesgr_hed in 4AC 173-145-050 ((+e-be)) performed by local go vernment.s through ordinances or Other rcans to reduce the daalging effects of flooding. (11) "Flo olway." ((m stns--the-regn}etery-f }e ed re y-ns-defined-i r. _ wAF-d9}-i4f -"Mi" k)) yhe_ch dope! ct_g_river_gr_cthor__vniS rronr_e_an_1 t,F,c__arljacgnS__la_nj__aLSa3_Sha3v'1 s3 be_regeryed ip_order_to di_chdrgo Shs_D?ns_.loIle _hsDlSe d_1sdS_6e5?cncyL flc Ltl eu cumi,laif _vel _v lIl I?a1in9 S11e_vit eL_gurtaco_ele_vatlem_more_than n dns?n3tpd_hoii1t. 112) ".Maintenance project." ((}s)) :[he work necessary to prnuervo or restore th, natural condition or to restore man-made flood control facil itioa to their to or condition using in-kind replacement materi- als or acceptable alternatives. This work Is neco suary dur to anti Ili_ 4 155981 da mago or destruction from flcod ing by action of 1211!12 eron}or. , ntr_Is flo v, cheat runoff, or other dlmage•: by the sni or other bodies of utter. (13) "9ean dor halt." ((is)) u^hat portion of the flnoA plain, ((fer--s+rneee--rh}eh--have-¦eendered-ever-rem ent-!}weer)) that. an bo identified by the Ovid anco of pr0aont and provioua menn lors. This shall include the present atream channel. '!hsLR_LhSLR_iD_IlS_1dR?Sl- _S13gsL?Y._ShaS_IlLS?_ hiSh_1D_f1sg?IlLRIlS_JIl1__ha?__?6m11dC__S^DR. fill slaehlS--ShdllStsridtiS§?S_D[Rn?Ilt ?Il11-hi algriS- UUM Sh±n11212_sh11! 1_"_SS?Dil2_1L"_,_a_2nud!zC_h4lta (14) (("Oa gr}etc r y-E}eedr ey"-weans-the--she r.ne}_-of--n--r}rev--nr other -r nteee4rse-Ind-the-OlAcent-4 end-areas-!hrt!-want-he-reserved-in ! _ order-to-, a ahnrge-lho-bone-{ens-hnndxed-y ter-f xegneney}-f}end-v}!hoot coca}stir Hy-inerens}ng-ehe-voter-nnrfnee-r}erntten-mere-than-a-At-q- neted--be {yhtl)) _C?t1i.S_heD4SiSi" ?sestlS_SR_ShR_hsslth??IlfstYa_^L lsaer'Al v!'33ilLS ?S_She_L1Sl3s?D_sS?11D_DS3SS?BL_vsmmsIllSY__9S 1IILIl! __ hlih_I"_3DiS iL41a_LissS?oRSCSl_DL2j2rt 2C_pld?c_DL_?ms_he?SLLt_!y YhiSh__theiL__Liiht?__SI_1lobitLtiRn?SS_dl<`sSSRl_?RRh_9?_dR_Stt?RtvIl ar-!' ' [ 2 1 a = >+; OTS-1336:1 n„? *"• 44. ' ?•. Subli c_pruper ty_or_f??eilities owned or maintaind _hy_an_ eligible e ;;.( . manic pal con ocation. Y7 119)__^snecia1 distr is t_^ h district as define-1 in chanter ©5.3H 3 PCIjghich is _eith r a di ink district a drainage di tr ict a dakingi ------ -- - - . a t6.y? dr -_- -gg_i mp coy_ement distrl t ar_int_rcq_rty_diking - and drainage_i iistricti a consolidated diking digtrict`_drai_aae di - e tricti, diking ipprov_ ment district`and[cr_drainage iopro_ement_dis- - y;. trict,1_or a_flood control district. N RI1°NDATOPY S^CTI011 (Amending Order DE 85-10, filed 6/21/85) - ' N 4C 173-145-030 FL G 5 F '.b. . I IDILITY CRITERIA FOR FCAAP FUNDS. Criteria to he used in determining eligibility ((of-en)) for FCAAP ((nrojeet a - ?L ' np!4ioatien)) rands arc as fnl to vs: . a (1) Eligible municipal corporation. The applicant must be an eligible municipal corporation as defined in NAC 173-145-020((j6r)) p Ja 3k .. (2) Public benefit. ((£!-nhnii--be--a}enriy--demannlte led)) The p ?• .: ,A fi applicant must demonstrate that ((the)) their compre haneive flood con- C . _ trot aanggement_ p13=s__and_ flood control maintenance projects shall - - ((dbmp}ny-n)) further the general public and state interest as differ- entiated from a oriva tee interest and that they shall bring about pub- lic benefits commensurate with FCAA d f d id tea.,. un s prov e . P (3) Comprehensive flood. control management plan. The require- { ments of NAC 173-145-040 must be complied with by the appcopcia[e - -„' local authority with flecd control jurisdiction over the area where the proposed project is located. , (4) Flood lain management activities. The appropriate p local M1 authority within whose jurisdiction projects are located d shall to engaging in ((these-eertnio)) anpro_ved flood plain management activi- ties as described in NAC 173-1Y5-050. '-i (5) Budget report. Any eliq ib le municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county engineer within thirty calendar days after its final ado tion The count n inee h ll h f b d - y p . g r s en a t o ward the get report u for eligible municipal corporations and for the county ((ohail-be-nnb- nitted--te--w 88 H--by-the-camel y-engineer-nel-1ater-lhnn-Pebremry-i5-of _ ,.:,? every-Year)) tg_ecology? The 3nfor?atlan__vill prn_v iJe the ba_i___fo[ 1, ), p reparttion_ of a pre limiDa ry_plgn for the most _tenefie ial gad orderly 3jjoraSion p_f FCAAp funds sell conserv_a Lion di_trict^_shal l___be l - ezam pt from_thr_prnv_L ions of this section. `- dn_ti0j1T OPy___704 (Amending Order DE 05-10, filed 6/21/85) w%C 173-145-040 COMPRENENSIV_ FLOCD CONTROL MANAGEMENT PLAN •iC,sm _. ncc county engineer of the r. ounty within which the mainto- nance project is located must certify that the ((pion)) MnZ ha, been completed and adopted by the appropriate local authority or in being prepared. span re Oasjyg-,flOad cgntrol_mg n?gemontc3gL? nnLf_agy_gn_vj- gionn_t n_Sht'nl gpnr_mugt_bg_nppSnyed py_aeQl agy?_ig_?COn?ultltSon__wi t13 Sh_e__93¢1ESmant ?gf?finpSia@__dDd?nma_ The ((eemprnheneive-pima)) ,jCFCnpL must be completed and adopted within throe yearn, of the date that it to certified as being Froparad. jfr_3jtgL_tpa_tpreo_yegr 1flIP.o:I_?S._r13P?sda_?¢gh_d._plr9_p9s_no[_pggn_comnle [ed_ an d?_a dnpSe<1r L3¢S__ 2l_1123d coat Ll_Elinton_¢6p_pr9j2C ??111_DgS._pe_m3dn_ta_thn igg¢LY ?a t_CrgjecS3_pY_Shg_4¢¢I2priate_39gd1?utporitY_g¢iii_Sh3_SPS1p D c mp],cteJ_?d_d Llo0te9_pY_thg_`??¢L ?Frigte lgcp l_gg!hntl!ya__QgrSpg 7u iJ)Ero_yen_c_peSloda_p EOj?r t_v_wS Sh 111_l_j.pai OdgS_UL ac_i1i':.a3g09SS d_^n he_SPS¢p_tSSlt1r98a_2ny_pe_junded_d9_E9 rS_?b_1_pL]aed_L'S_ojSOf_nl]n< [ 3 ... ..... .... Vii:. i'?s- ?. , •+:!=• ..r •. .....? .'_?... ,. .. r.. .. ,. .? } ?? ? j 1{ V, i tr ? . ` L M1 1C, t4 J1 i t ! 1 i , I r , 00 n OTS-1336:1 y !'<O_v id_ed p5elimina ry_st u?7ie s_£or tbe_ CPCMP__have_be l uc ted__t a r.1 pa_1 m K12 asi n 1 fl od_m lain id nt_fy_thn one-h and rtd yeas f egnen? fTg!o [-,costa bet ing_to_floodingy_and_mr vided that tn_pr m yl_pra_ jects_have hewn ncior_lln to_achieve_ thc_yremtest _ff isle ncy_ in flood- eont[ol_)•?r_the ov_ec7.I CPCMP study,,ar ea_ 7hese_limi tdrions_ns grants_sh11 not_prec lode all cations_foc_emergen_purgn_ mule_Lnr_ suant_to_FCU 96_26_060_ The appro o[iate local auth o[i ty may cequir r. the applicant to fully or partially fund the pre pa caton of the CFC4P. The plan must include: (1) Deternination of the need for flood control work. (a) Description of the watershed. {b) Identification of types of watershed flood problems. (c) Location and ident if icaiion of specific p[oh lom a 13) Description of flood damage history. (e) Description of potential flood damages. (f) Short-term and- long-te[m goals and obje^Cives for the plan- ning area. Iq)_DescriPtion_of_ regulations- hick am P)y_yithi n_th=_yatershedi including but not 1 cited ca local shoreli nn managem_vnt mn.ter_cro- HEM. and_z ninm?_ ubJ ivisi r and_Elool hazard ordin?ncc 1l1LDOtecminntion_af iostreao_flo_d cantrol_gork_he3nncgnn=!ent with anol icahle uolic ies and regulations- (3) Alternative flood control work. (a) Description of potential measures of instream floo•1 control work- (b) Description of alternatives to instream flood control work. (3) Identification and consideration of potential impacts of instream flood control work on the following instream uses and resources. (a) Fish resources. (b) Wildlife resources. (c) scenic, aesthetic, and historic resources. (d) 11av igation. (o) VI ter quality. (f) Hyde a log Y. (g) Existing recreation- (a) Area of coverage for the comprehensive plan shall include, as 0 a minimum, the area of the one-hundred year frequency flood plain within a reach of the watershed of sufficient length to ensure that a comprchan sive ovaluation can be made of the flood problems for a spe- cific reach of the watershed. The plan may or may not include an on Lire watershed. CoI rahensiva plans shall also include flood hazard areas not subject to riverine flooding such as areas subject to coastal flooding, flash flooding, or flooding from inadeg ua ter drain - ge.Elther__the meander bolt or ((legn}nt cry)) flcodway shall he a ld%tified on aerial ph ct age aphs or maps which will be included with the plan. (5) Conclusion and propo sod solution(s). The CPCMP sh n 11 be fin- alized by the following action from the appropriate local au thoEity: ; (,) evaluation of problems and needs (b) Evaluation of alternative nalet ions; (e) Re commanded corrective action(s) with proposed impact resolu- tiCn lea Sures for renouree losses: and (1) Career tivo action priority. S§>_d_ant5lLSsgSlpn_tinm Shg nSgto_dopdLSnnpt. of cnmmunity_dc_vc__ SCAaLS_S63S ?Go_?4S•31_eE4S9Yn&y_L?^anagemept or mn n}, z_at?gn_i__^_lm).O?i16C= Lpg_Om_ZSBPS'll'3e_&3pF5Shn?43YO_STeSgn115y_SF^L14?nIln_m1'Sna. ZyI+1DI2PI_?ISTI4@ (Acceding Order DE 05-10, filed 6/21/05) VAC 173-ins-050 FLOOD PLAIN 4ANAOP.MP.N7 ACTTVTTr V,; (('Pn-hr.-l44- 7kh;w--fec--PFAAP--fund}ngz--the--npplepe4n4e-4orn 4-nntel4f.4 en-w}4h}n [ a in • 7 y _ ??yyf11 r ? ? ? ?) J 1 ? if l.'. ? !` l ( r i,p r I r fir) ,E )? j{?' ? r ? 5 I fi r( ?' l f ,?l ^ l- , J ll ' ? , V 1 l ? ? • .b M v? t L nTS-13.u>:1 whose-jnrisdietien-the)) Lgi_juc_sdictionss ithi n_u hich__flood_ r trol maintenance projects aocre Located, must be engaging in flood plain management activities [(v hick--vii}-pretee t-or-preven!-f }eed-demsges free-aoeerring-ke-'nlnee-structures;-voekm;--end--impeoremenl s--within their--jmrir]letion.---Fhe--deperSeent--ef-eee }o gy-sheds-find-abut-they ere))__PUrrntnt to chaoter_06_26 PCW the director-of_`hc__dena r4ment 1 (7) ((Part ieipnl in g)) garticlmlte in the National Flood Insurance Program (NFIP) and ((meeting)) meet all of the NFIP requirements. (2) ((Certify-threngh-the_ skate-depnrtmenl -af--e me rgeney--mannge- ment-thnt-the-sores-emergency-mnnngemen!-orgeniznki en-is-edministeeing en-aeeepleh}e-e omprehensi--emergent Y-epeteli ens-p}en- {}}--Res4rkct}ng)) gestrlct land uses within the meander belt or floodvay of rivers to only flood compatible uses. Nherg_ npnlicnhl[? ____ _- ------ -- --- will hn ,-nnsidered a min- • ' Ayf NnAMEY_5?CTION (Amending Order DE 05-10, filed 6/21/85) WAC 173-145-060 FCAAP PROJECT APPLICATION PROCESS. The project application process for the eligible municiFal corporations' applica- tions shall include the following in the general sequence given. -"" (1) The applicant shall prepare the project application to connly - •1- With the previsions of chapter 86.26 RCW and this chapter. The appli- • cation shall be made on a form furnished by ((90 a E)) ecology. A cam- 1 • plete application shall include the following: (a) A written description ((and-eest-estimate)) of the project _ ??" cpnta?jning__the folLo_vi?_as__a_m_nimu mt, Na ine._of_a pnlicant? na?c of affected ylter botyy_Erojgct_summary`1o21t _ior? amount gf locdl_mltch? - Ind nt2me nd 1 ell funQing_source (b) A detail !l ?2nt_g= tJ.are_idSn1jfy1ng major_p5oject elemental S£) A ((rietnil y)) map ((end--aket_h)) to identify eater body r - * names, stream river mile, section-tcwnship-range; ((fe}-trge ne rni-p}en-draring-ef the-prejee l-en-nn-wB-i?4-x-ii°-ar t }. vB-id4-x i4'+-sh ee!)1 jd1 Constguctlon mans; and ` ? (({d})) let A description of tha project benefits which describe es and describe development d dama fl i i •? ? + - g oo t gate how the project will m Which exists on adjacent and nearby lands which are pro[cctod by the 4 f facility. - (2) The applicant shall review the preliminary project proposal - + with the county ongir.eer, the Washington departments of fisherien or game and the do pa rtment of natural rosoureos and any affected Indian tribes. t f t i d li i i i} ' o projec t ze s or (3) Thn applicant shall submit a pr applications to the county engineor. (4) The county engineor shall submit a prioritized list of all projoct.applications within the county to ((WDBB)) c£glgay. (5) The county engineer shall furnish evidence to ((WBefl pro1_ that the comprehensive flood control management plop described in -f-" •" VAC 173-145-040 ls_hS3IIfLEE2E3Lg'?_gE is completed !acf_dlnnttl_ bY_th2 `? f ? 2C11t212g11_luthptlty or ((underway)) and the flood plain man- 1 1 •,,:,?,•,,,„t __ actvities described in WAC 173-145-050 are being implemented. agexent i 1 11 1 AM -l: df OTS-1336:1 ;7. T1£gDATOPt_BECTl o9 (Amending Order D£ 05filed 6/21/95) NAC 173-145-070 FCAAP PROJECT APPROVAL PROC FSS. The project approval process for the eligible municipal ccr Forations' applications shall include the folloving In the general sequence given. ••+ (1) ((v BB£)) Ecology will reviev all Projects foe compliance with the requirements pursuant to this chapter and chapter 06.26 RCN. (2) ((w OBE)) Ecology shall consult with the :state departments of lopmgnt_of a_ptnject_pri_ fisheries ((z)) and game ((,-ne d)) _i--!Li e dove ority_li t__ The tate_departmcnt of natural resource ((and--nn y)li r affected Indaan tribes ((r.gerding-lhe-1}nl-oE-prejeete))z_ansl_ ttier zfg ctod p3rtres may re_v ie__}pd comment on_the_nCOAOS gd_projec t_ plang ?"?' ptior_to appmvaY ? (3) ((vBOE_ }}}-smeetperete-the-prierilixed-}}et-of-e}}g ib}e pro- jeets-intro-ate-biennia}-hedget-£er-£nnding: + _pyblic notice sh a_1.1_?_givsn_that_the ,w je}--MBBB)) Th_rty_day, a p bloc ha ang N ti.e , ' mroject_prior=tty_li;t rl;_te the subject of f this hegring_shall appear an the_tate toga to put want t hap for _ l4 Ufl RCN. ,? • v- ,; a- SdL Thesrojcr t_pr>__r ty _Mill he_ ova tlable atthe_ fl_o.l - , 21at0_22na-MR111__aec t,; on of _the department nlecplogyi at I_.__t Eif_ c gn dayspr r to the public hearings 1 _(5)_The nhlac comments _ill n revfie ed and a o1 ogy_ hall a pro ve_the reject priority lASt a Sracosed or s re vtsPi I. accord- ance lth public_comm nes_ r - 56L Ecology shall prepare and finalize the written agreements with the counties. .: (1{5Y)) (7L The counties shall prepare and finalize the written agree meats vi th the involved eligible municipal corporations within the county. ((t6)')) LL The construction plans and specifications shall be y" Prop,, red by the applicant for approval by the county engineer prior to 4 Fp ?.? submission to ((NBB£)) ecology for review and aFpro1,il of each project A for compliance with all requirements. y ((14Y)) S?L The applicant shall acquire the necessary federal, state, and local permits or authorizations along with any other ocr- mission required to complete the project. nhgUoATOny SECTION (Amending Order D£ 05-10, filed 6/21/05) RAC 173-145-080 (($Bte BtPY--BP--fe##P--pPed£BR 5)) g1!11g 1A_FOkt a llOChTION OP RUNDS. The priority given to projects by ((NBB°_)) 99-01= 29Y. the counties, and other eligible municipal corporations shall involve consideration of the folloving criteria: (1) Thm rgldtlgn8h"_9l public benefits ((fees-ihe-prejee!-mhrt}} be-eoaaensaee te-r}lh--the--ee can t--e£--PB##P--£nrtde--granted--£er--the prejeeti--Nag hnr-priori!iea-r!il-he-given-te-theae-prejeets-vhieh-dia- pi ey-grenler-Pnb}}e-beneFitz- as-they-reiete)) to ((the)) iota; project costs. 12) ((4he-Prioriey-given-ee-the-pro je eee-by-NBBB-sh rtil-eensider)) The priority which has already been established by each county. -_ A C61 OTS-1336:1 l• - Sfi Lfvhere a CPCMP_is being_?le veloped cr_has nnt_ heen_initiated? the_xoLlo_viny_ill be con idered• 1jL v_iden eof_ a ltij_urisdietional_ cooperation_necessary for dey_l_p_entof a compreeaei_=oonty flood c ntr_ t or multiceunty_comP[ehensi_ve management plan_jCPC,1t 1.- jhj_AVailalilitrof gualifird_pe[sonnel_c =e_;e_____f_r planning purposes- 'al. A_v ailability_af_gualified a scnnel or re oercen_foc project constructioneur noses- 11]_Other planning efforts underta keg_ or _prop esed yi thin. the plann ing_^jg ri sdicti on _ and _their_relationship_to__f lood Ontrol management- jej-Ability_to_make [aid prog[ess tovard development of _a_ com-_ prehenaiv_e flood control_anagement olany 1fLurietini and_prgposedearticipaticn of_community_gro ips, nri- v_ate ir.dustrv._H2fM 12nal?_rg an xationa the general puh_ig and others toward the development a nd imol emen tation_f_tbe propo cd__com- preten_ive_floo_1 centr_o l_manag em ent_p_lan. 17 AY_fNDATOPY S_CTIOtj (Amending Order DE 85-10, filed 6/21/95) YAC 173-145-090 FLOOD CONTROL ASSISTANCE ACCOUNT ((E0NTR-IBHP}6NS _ ANB--pR BdfEY-M#4EN)) FU N?INC AND MATCMINO REQUIREMENTS. ((m he-fe}}or- ,? ;. :ing-e riterin-ehn}}--be--need--rogerding--kle--fE##P--fmndlrtg--fer--e}} c f - peejeete- ii}--4he--emenal-ef-pE##p-cool-}bnt£onm-fer-nny-prejeek-eb¢}}-net exceed-fifty-pe re enl-ef-She-teem}-prejeek-eanmtrne!{en-coml. i?}-Mhe-tote}-Pe##P-eentri bnt{en-£er-a}}-aeaemergeney-project n-}n mey-eennt y-mho}}-nal-exceed-45 BB;BBB-per-biennia a: " j3}-f3vY-m}}}ion-pee-bienni¢m-ri}}-be--mb}igeked--en--n--priority b¢m!m-ter-nenemergeney-prej corer ' jY}--Bp--te--iSBB;BBB--per--b}conies-ri}}-be-£nn ded-ert-e-prier}ty _v,.'. ` , .,.. ??. bmatn-by-NBBP-then-de!!rm}ned-{hek-nnn¢ed-emergency-f nnda--ere--•fr N?a d4ti ?,. •? A.U12ATMI- aIM IAmending Order DE 85-10, filed 6/21/95) M1 rAC 173-145-100 ENEDOENCY FUND ADMINISTRATIO`t. Fgn:)n__-h91b__I:.S asaila11 for U11 Qr?No JrSe B_ flesil__ssntasl__ris]pssn_?a_assnsnr•2?ig„nyepal __o_PeL09Df?flssdg3D3lSlss? dsA._nh lll_hp_311sr?irm__Sp YS .)" ( 7 ) r_ mws;.7:i d OTS-1336:1 amounts_ adit 1g_fcr_the pres,r_atien_of_ life an?l?roperty_ The fol- lowing criteria shall be the basis of allocating the emergency. funds {(money e)1 (1) Appropriations from the FCAAP fund for emergency projects Kill require the declaration of an emergency by the app ropriato local authority. (2) Application for emer gooey funds must be made on the same form used for nonemergency fund applications. (31 Payment of FCAAP Eunds for emergency projects will he based on project construction casts. Flood fighting ccsts may he included. (4) payment ((f roe-the)) for emergency ((fund)) v_ork shall he allocated on a first-come first-serve basis and shall not be based on any priority system. (5) ((.:aergency-pr ojee!-grnale-she}}-te-nppreved-by-the--dirreker of-lh e-dep¢rtme rk-af-ere}og7v f6}--'Ehe-maxisam-emeaek-ef-mertey-n}}ee¢!ed-far-emergeney-prajeets she}}-he-45007009 -per-b iennias- At the discretion of ((wee0)) ecology, emergency funds may be mad, available for use on nonemergency projects ((when-future-eme r- .,,,,e-are-dmprebnb}e)). ((f0})) 161 The maximum amount of._ emerggncy_fund5 initially available for any one county is ((8959;090)) one__t!MjEed_ fifta_thou_ sagd_ !collars per biennium. If the total ((85907098-}s-nel-n sad-by ocher-eenrtliee7-¢n d)) available emergency ((work-exceeds-;4507000-in-¢ eenney;)) funds_are notseed ed other cntie= anal the amount of emeEge2cy__fundc_peed eel in_a ccunt excee45_ene_hu nd red fif ty_11 -land dollars the county can ceguest additional energency funds. ((j9})) ,(?) The flood control assistance account contribution shall not exceed eighty percent of the eligible project cost of an emergency mrcjoct. 19LR ergpncy_funds Kill cnJy_he made ova idble_to_aroje cts_?h ich have been given cpprov_al_far Fatchin9_funds hy_the department of_eco l-_ 3Y P_rigr to construcM;J3 work he_ino pe5formed_ A M`NDATORY_S?C„TION (Amending Order OR 05-10, filed 6/21/85) VAC 173-145-110 MULTI((-))YEAR PROJECTS. Approval for eligibil- ity by ((W"B)) ecology will only be required once for a project which continues more than one biennium, but funding ((after-the-first)) foe ench _ ubneguen.t biennium is nubjoct to further FCAAP appropriation by the legislature. f]YNEIT4PY_Sl4TZnN (Amending Order DE 85-10, filed 6/21/85) YAC 173-145-12D WORK STANDARDS FOR ALL FCAAP PNCJ ECTS. All work which is funded from the flood eantcol assistance acccunt shall con- form to the e.tindards and spo cifieations of ((!he-HrOr-#rmy-eerpn-ef p.lq kneerer-lhe-tlr Sr-0epertmeal-ef-#gr}ew}tore-9ei}-fensnrva!}en--0erv- kee-e e)) the county engineer. tlL11PSI4PY..,9.IS_TI?j (Amending Order DE 85-10, filed 6/21/05) YAC 173-145-130 PROJECT CONSTROCTION MONITORINI. Tht_followin•) ire the responnibilitien and criteria for project construction moni- toring and final approval((r))i [ 0 ) i? 1 4 s OTS-1336:1 ; (1) County engineer responsibilities. Associated with rosponsi- t, ' bility for project plan approval and supervision of the. project work, _ the county engineer shall provide' fns pee tfon to assure that all ' p rn ject work is conducted and completed according to the construction J7 ' plans and specifications. y- (2) ((WBe H)) P.cology!s responsibilities. The apt horized renro_ sentativeef the department of ecology shall ((monitoe)) ha v_e the right to enter At_ai}_roasonab a times_ip_ar upon any_p ronerty??,rp blic - w o_r.v_a tei for_thecurpose of monit orfng and (inspee{)) innper_ti ng _ p '_ the project work as necessary to assure compliance with the terms of the appropriate written agreement. The author=zed repre_sentat i_ve of - ,( the department of ecology_s_the contract officer and shall he ilentt- ti d in the mitten agreement The cou nty_e ngineer _v r 11 le informed to Any_ rn grcF ion E r pu[coses of construction m nttaring and art r _ _ _ guidance_hy_any representati e_of ecolqAy_Ether than the contract officer_PSresentatives of ecology nay abler a the consrru c!-ion--mom cess__ithout origE notification og_the ceanty engineer_ (3) Final inspection and approval. Upon completion of the work, a final detailed inspection shall be made by the county engineer along _ s with representatives from ((WBBE)) ecology and the applicant. Results of the final inspection shall be displayed in a written report pro_ pared_ hy_ecolo3y and, when appropriate, on "as built" construction plans. ((5h "AS_built" cog struction_plans shall be sut.itted to :. ((WBBE)) ecology within thirty days after the final project inspection. r x.` AMPI1DATnRy_SECTInN (Amending Order BE 85-10, filed 6/21/85) WAC 173-145-140 WRITTEN AGREEMENTS- Written agreements will he prepared by ((uB9E)) ecology as a means to reimburse eligible m mici- pal corporations for work done on approved eligible projects nr fgr deyeiopp€nt__pt F:52.a. ((The-do}}er-ememnt-e p e c i f i ed-in-the riltex ` egseementa-ehe}.1_net-exceed-the-eetimet ed-east{s}-of-4he-prejeetj?}-ee diep}eyed-en-lhe-prejee{-epp}ieei ienllF s)) Written_agreements bill- ` l r? i ng' and payment shall comply with ((the-WBBE)) _cology!s tandard requirements for grants and contracts. Notifj,cation_1=_rngnbrcd__vhen r _ S , <z wr i tte n__a_g rneme nt_ gill not he_aecented or ex gamed to_nllov_Ecalogy th t t d jt l t , ` o_ppnnr an y_tn_ayar _prioy lze? __ ,,,_unf9n2ed_nS4Mgc . c,+,1.,? `F y ) i ?a , ?4_SESTI9M WAC 173-145-155 APPROVAL OF CHANCES TO WRITTEN AGREEMENTS. All t1.md control ma intenanc4 and comprehensive flood central management planning (CPCMP) projects subject to the pr ovisicns of this rogulation shall be conducted in accordance with the plans, specifications, and conditions npprovod by ecology. Any contemplated changes during con- struction or planning process which are signif'east doviationn from conditions of the approved agrnena't, shall first be nu bmitted tm ecology for approval. Any chang ea to the total cost of the project following orocatlon of the vrlttrn agr oe me nt must be submit tod to ecology for approval prior to construction or plan completion. ?..?; (g7 r ly ''l l ? r 5 ` '?4 I? ( V t tl ? i L`) f tiF r , li t' la `c 1 i? , ` 1 s 1 'r'I 1 ' ir t ? , ` , ? k , ?r l r f ? 5 [inI N A9 u?1.?' t 4a! 7 d iw • 7 J L, 1F ? . ?.i9.: -N.tbF'hL14Pii??GN09H?f;b &k • .;??? _ , t i 1 7 yy :. -- ANDREA BEATTY RINKER y LX eclor .t r, .'+ 4 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY " x A1ail Stop PV-11 • Olympia, Washington 98561,8711 • (205) 459b0 February 17, 1987 • FACT SHEET ON -. FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM ,• t The Flood Control Assistance Account Program (FCAAP) is a established under the authority of RCW 86.26 State Participation in Flood Control Maintenance. The program t assists local authorities in flood control maintenance projects associated with public benefits which maintain and restore the normal and reasonable stable river and stream channel alignment and capacity for carrying flood waters with the minimum of damage from bank erosion or overflow onto adjacent lands and property. The Flood Control Assistance Accou t P n rogram also seeks to restore, maintain, ' and repair natural conditions, works and structures for the i t f y ma enance o n such conditions. Protection from inundation or oth d b er amage y the sea or other bodies of water is also included. A total of four million dollars in state funds per biennium is set aside for this program. !. FCAAP funds are available for the development of m, y' comprehensive flood control management plans (CFCMP), with a minimum of a twenty-five percent local match A local match a- . of at least fifty percent is required for nonemergency projects and emergency projects projects require at least a ` twenty percent local match. certain planning and regulatory activities are required in ) order to be eligible for matching funds for maintenance ? projects. Local authorities must be practicing flood plain t+? management activities that are approved by the Department of v m { Ecology. The local authority must also adopt comprehensive x) ? •` flood control management plans and submit them to the q n ' Department of Ecology for approval. Emphasis will be placed on fundin com rehe i fl g p ns ve ood control management plans in § g the 1987-1989 biennium. -, $ ? ? 1 Program regulations have been revised and were adopted on ?3 ? Kl f `ter ?°1Ia ? January 27, 1987 and will become effective on February 28, 1987 A licatio i , tt ( r . pp ns are ava lable from the De artmentof E l A li i t r j 9 a r? d co ogy, pp cat ons are submitted through he appropriate county engineer. Applications will be acce ted throu hout t l?kMl law? s.r?t?n4 ? p g th 1987 1 i t . e - 989 b ennium. March 11, 1987, is the deadline for rant applications to be considered before the beginning of the biennium. }; ?w ? ty .Q:. , qn re, 1 5 r t 0 Flood Control Assistance Account Program (F.C.A.A.P.) ',?y Guidelines Department of Ecology February 1987 ?! r ! r i ? r ?r? w ?Wll Zwt t 461 "I 1 +t r t ' 'L;- j -; 'rABLE OF CONTEN'rS PAGE Y 'Chapter 1 - Introduction . . . . . . . . . . . . . . . . . . . . . . 1 Chapter 2 - Program Highlights . . . . . . . . . . . . . . . . . . . 1. ?c r 01 - Legislation and Regulation. . . . . . . . . . . . . 1 ? 02 - Applicant Eligibility . . . . . . . . . . . . . . . . . 2 03 - Summary of Major Policies . . . . . . . . . . . . . . . 2 04 - Communication with the Department of Ecology. . . . . . 3 Chapter 3 - Eligible and Ineligible Costs . . . . . . . . . . . . . 4 01 - Scope of Chapter . . . . . . . . . . . . . . . . . . . . 4 02 - General . . . . . . . . . . . . . . . . . . . . . . . . 4 03 - Category 1 - Comprehensive Flood Control Management Plans . . . . . . . . . . . . . . . . . . . . . . . . 4 _ 04 - Category 2- Non-Emergency Projects . . . . . . . . . . 4 ' 05 - Category 3 - Emergency Projects . . . . . . . . . . . . 5 •;f^ 06 - Ineligible Costs . . . . . . . . . . . . . . . . . . . . 5 Chapter 4 - Application Procedures . . . . . . . . . . . . . . . . . 6 01 - Scope of Chapter . . . . . . . . . . . . . . . . . . . . 6 02 - Preapplication . . . . . . . . . . . . . . . . . . . . . 6 c 03 - Application . . . . . . . . . . . . . . . . . . . . . . 6 04 - Budget Information . . . . . . . . . . . . . . . . . . . 6 . 05 - Funding Approval . . . . . . . . . . . . . . . . . . . . 7 ? 06 - Grant Agreement Preparation . . . . . . . . . . . . . . 7 ?}?? .?•. 07 - Effective Date of Grant Agrecinont 7 il? Q'Ir9 Chapter 5 - Grant Administration . . . . . . . . . . . . . . . . . . 7 ' h 01 - Scope of Chapter . . . . . . . . . . . . . . . . . . . . 7 l 02 - Contract OCCicur A . 03 - Construction Plans and Specifications . . . . . . . . . 8 04 - Bid Awards . . . . . . . . . . . . . . . . . . . . . . . 8 .t t?,k Vti 05 - Grant Award and Authorization to Proceed. . . . . . . . 8 , µ 06 - "Financial Guidelines for Grants Management". 8 `s 07 - Efficient and Effective Management. . . . . . . . . . . 9 ?, H? „nn?,?y,?,?,,;M,,t`,`q,• 08 - Conformity with Agreements and Project Objectives . . . 9 3? Ell] 09 - Reimbursement Policy . . . . . . . . . . . . . . . . . . 9 10 - Projects not Constructed . . . . . . . . . . . . . . . . 9 11 - Progress of Work . . . . . . . . . . . . . . . . . . . . 9 12 - Billing Procedures . . . . . . . . . . . . . . . . . . . 10 13 - Site Inspections . . . . . . . . . . . . . . . . . . . . 10 14 - Grant Agreement Amendments . . . . . . . . . . . . . . . 10 15 - Final Billing . . . . . . . . . . . . . . . . . . . . . 10 R t r Y I e= ley ?k w w w r r? s1 GiV ti??? a r 1 ' t r wA uR l+lx`? •f„L TT1?,?7?.'?°"'VX,/,l { .? { I r1 -i1.5 .'i ' f I} ii ?? I . f 1 ( ? C ?? ! '^ 1 Yyl 0 El Flood Control Assistance Account Program Guidelines f-? Chapter 1 - Introduction These guidelines define administrative policies and procedures for public . , bodies to participate in the Flood Control. Assistance Account Program (FCAAP). They define procedures to be followed by both grant recipients ;p and the Department of Ecology from the preapplication stage through audit. These guidelines contain procedures which apply specifically to the Flood - Control Assistance Account Program. The program assists local authorities in flood control maintenance projects with associated public benefits. - The program also provides assistance for development of comprehensive flood control management plans which are required as a condition of receiving assistance for maintenance projects. These guidelines are supplemented by a second set of guidelines entitled "Financial Guidelines for Grants Management" also published by the Department of Ecology.. The financial guidelines contain general grant administration procedures ?d - which are used for all of the department grant programs. y , Both sets of guidelines are to be followed in the Flood Control . Assistance Account Program. , - Chapter 2. Program Highlights t 2.01 Legislation and Regulations Substitute (louse Bill 1531, passed by the Legislature in 1984, created the Flood Control Assistance Account Program (FCAAP). It authorized the Department of Ecology to administer and enforce the program and estab- lished the sum of four million dollars to be administrati.vefy designated for flood control maintenance projects and related comprehensive flood control management plan development. This legislation, codified as F Chapter 86,26 RCW, was the basis for Chapter 173-145 WAC which was originally adopted in 1985. Substitute House Bill 380, passed by the legislature in 1985, amended the 1984 legislation to require that an approval process for floodplain management activities and comprehensive flood control management plans be established. Substitute House Sill 1622, passed by the Legislature in 1986, amended the 1984 and 1985 legislation to allow project planning and design and comprehensive flood control management plans to be eligible for 'funding. As of February 1987, Chapter 173-145 WAC is revised to be consistent with the current legislation. Chapter 86,26 RCW and Chapter 173-145 WAC provide that grants will. be available to public bodies for up to 50 percent of project planning, design and construction costs for nourmrrgency Projects, up to 80 percent of emergency projects, and up to 75 percent of comprehensive ('loud Control management plan preparation costs. A r H 1 W1 ? t r. d Ir I , I L d t I ?. I I t T I S t AIL... .. _ i ? ... ? .. . ? Il.. df? , r 1 1 ? pot= 2.112. Applicant Eli,gibilfty 4 .. __ Any agency may apply to the Department of Ecology for funding assistance provided that it is an eligible county, ci.Ly, town, conservation "d district, flood control zone district, or any special district subject to flood conditions. q The following requirements must be met before an applicant is eligible for consideration of a grant: 1. The applicant must have flood control responsibilities over the area l where the project will be located. 2. The applicant mast have an approved budget for flood control (- - t purposes. 3. The appropriate local authority (county, city, or town) must be _ engaging. in floodplain management activities including participation _ in the National Flood Insurance Program (NFIP). ` .?. 4. The appropriate local authority must have adopted or be preparing a % comprehensive flood control management plan. 1 t 2.03. Summary of Major Policies :+d 1. Projects planned or constructed under a grant must meet all applicable federal, state, and local regulations. All necessary permits or authorizations must be obtained prior to final signature i, ' of the grant by Ecology. All grant agreements are written between K I..? f the Department of Ecology and the county within which the project or comprehensive plan is located. In cases where the county is not the 1 k y ; applicant, the county will prepare subagreements with the applicant. For purposes of these guidelines the county is always considered as ' the grantee even though the applicant is the public entity which r s will be. ultimately reimbursed for a portion of the costs incurred. e i 1,yk `k ' + t 2. A comprehensive flood control management plan (CFCMP) must either be in preparation or be completed and adopted by the appropriate local kr ij authority and approved by Ecology. The plan must be completed and E 1 L )i k -, adopted within three years of the date of certification. Certifica- tion is the written agreement between Ecology and the applicant F8 a which verifies the understanding as to what the local planning E n„ ?,?+1< i I+ effort will be, the timing and anticipated product, and a reportings ? schedule that will allow for Ecology review and input during the q plan development. Certification of comprehensive plans will be a ".yjtNat condition of all FCAAP grants except for emergency projects executed ?4 7 7+ for the 1987-1989 biennium. Area of coverage for the comprehensive L .t I plan shall include, as a minimum, the area of the one-hundred year `V i r frequency flood plain within a reach of the watershed of sufficient 4 k SG,t17?a h.?. * 1 length to rusure that a comprehensive evaluation can be made of the i . flood problems for a specific reach of the watershed. Counties, -2- t ? ?? t ?? r ?[ t l ?t ? t 1 11 d ,S r 1 r Ir f, ?' t .1 ???y e? b it r 4 cities, and towns ar 7 e encouraged to include their entire jurisdictional area in the develo ment f 7 p o a comprehensive plan. If appropriate, analysis of flood problems for separat (watershed ) -, -1 s e drainage basins , may be incorporated into the provided this plannin at n later date eff g p g 2 g , o ort is done prior o the performance of any r concurrently with FCAAP funded n - ' on emergency flood control maintenance work within [hose basins. ' 3. Upon establishment of applicant eligibility rant g , an execution of the agreement is contingent upon availabilit ` 4• Y of funds. Grants are made on a reimbursable basis, whereb its ow th f r y n e xpends unds and submits vouchers to the d reimb Ce ursement. epartment for - 5. All grants are awarded through means of a contract document th legally binds the rant t -" g a ee and the department to specific commitments. E L ?- 6. Grants for projects and plans which continue for more th biennium ma b y an one e prepared or may be extended to the estimated completion date. Grant agreements which cover more than one biennium must include the portion f _ - ryl- o the work and associated costs estimated to be completed in each biennium. The notify Ecolo gran i t gy n writing at the end of the biennium of the of the work completed ee o ti d p r an on submit the associated billing. Funding for any work performed during a n b • ew iennium is subject to further FCAAP appropriation by the legislature. as "?ndrt+cew3`- 7• Any costs incurred prior to execution of a grant agreement, following expiration of a grant agreement, or outside the terns and conditions of an executed grant agreement vi are 60 day ineligible. If pre- costs incurred within s of commencement of construction are eligible. 8• Nost costs associated with comprehensive pinnning, and engineering Planning and construction of an eligible project are gra if: (1) they are necessary and reasonable, ( nt e]igib]o with federal, stale and' 2) they are consistent nd consistent. with local laws and regulations, and (3) they are these Guidelines and the "Finrncial for Grants Management." Guidelines r 9• An applicant must demonstrate that the project will provido a public •A•I{ benefit. Whcre appropriate, this may include a cost benefit analysis, x? t 2.04 Communication With the De artment of F.colou { Questions regarding these guidelines may be addressed to: K" r Department of Ecology a " d ? F'Loodplaiu Management Sretion s r:. Shorclands artd Coastal Zone Management Program r Flail Stop pV-11 .? Olympia, WA 98504 -3- f ` kw , Ur. 7t7,, N ?qI ? Yf ? % r r Chapter 3 - Eligible, and Ineligible Costs ?,? f• 3.01 Sc )f of ChapLCr '? 1 , This chapter provides guidance on the grant eligibility of various _ components of flood control maintenance programs. ?'-- 3.02 General FCAAP grants will be awarded for flood control maintenance work and for. the development of comprehensive flood control management plans. The Flood Control Assistance Account Program is intended to restore, main- ' r Cain, and repair natural conditions, works and structures. Construction a of new facilities will not be eligible. Costs associated with the pre- paration of the grant application are not, eligible. Administrative costs associated with the execution of the project or plan must be consistent with those costs identified in the "Financial Guidelines for Grants Management." The following categories summarize the types of costs eligible for project assistance. The specific examples listed are typical examples - -" and are not all, inclusive. Flood Control Management Plans 3.03 CategotY 1 _ Cori prehensive _ The development and implementation of Comprehensive Flood Control Management Plans involves a series of activities which are eligible, 'including: • Grantee expenses such as the costs of salaries, benefits, and expendable material that the grantee incurs for the plan development, • Professional and consultant services costs associated with the plan development; :e Comprehensive Flood Control Management Plans involve: • Determination of the need for flood control work: drainage and hydr?'logic evaluations, historic damage and flood control. efforts, development patterns, and Public facilities; • The evaluation of alternative structural. and nonstructural measures for reducing flood damages; • Proposed solutions and implementation strategies. i, 3.04 Cate or 2 Non-Emcj ear. Proiects Eligible costs for nr:nemrrgency projects include, but may not be limited ?• - to the following: y s 4 • The preparation of construction drawings and specifications, • Cost estimates, • Project specific planning, • Construction contract documents, • Restoration of the capacity of the channel through removal of debris blocking the channel or removal of gravel. or sediments, -'?F • Repair or restoration of existing dikes or levees, which provide flood protection above the existing bank elevation, • Restoration of the predominant channel alignment, g • Protection of an existing eroding bank which may or may not have had previous bank protection measures with rock riprap, jetties, ? revegetation, or through other means which do not provide flood protection above the existing bank elevation, r _ • Removal of brush, trees, etc., from existing flood control ,.. facilities, ,r • Repair or reconstruction of pump plants, flap gates, culverts trash , racks, tidal control structures and other machinery or equipment int d d f en e or flood control, - • Repair or reconstruction of roadways or trails leading to flood control facilities, • Work on settling basins used to prevent soil, gravel and debris from settling and lug in do p g g wnstream facilities. 3.05 Category 3 - Emergency Projects All work shown in 3.04 Categ2_jr 1 - NonEmergetlcy Projects as non-emergency projects is eligible for emergency projects. An emergency project is one which has to be done immediately to protect life or public property. To be eligible for emergency funding, the declaration of an emergency by the appropriate local authority must be made. A grant agreement for an emergency project will only be executed if approval has been obtained from the OeparLment by the applicant prior to construction activities. 3.06 Ineligible Costs Ineligible costs include, but may not be limited to the foll i ow ng: r - hY?Lxj? • Raising or extending dikes or levees, -5- x 1. 1 171 ? '• F ' O Structures or works which are used solely for the detention or e of flood waters stora ? a? , g E S „ • Roadway culverts or bridge replacements to increase channel capacity, • New dikes, levees, bridges, culverts, or other flood control _ facilities, • Work associated with the State Environmental Policy Act, •_ ". including increased planning costs related to a determination =.. of nonsignificance or preparation of an environmental impac t statement. ' 3 Chapter 4 - Application Procedures Ems i 4.01 Sco>e of Charier Phis chapter explains application procedures and the grant agreement ? processing sequence used by the department. q -? 4.02 Pre?pplication ` The applicant may request a preapplication conference with Department of . w.` Ecology personnel. This conference will better familiarize the applicant „ - - with eligibility requirements and application procedures. The applicant ? ??• is encouraged to consult with the county engineer and the departments of 1 y Fisheries and Game regarding the development of the project. "-a hu - " 4.03 App].ic,aCion f Application forms may he obtained from the county engineer or from the k Departnent of Ecology address list.cd in 2.04 Communication with the ?` Department of Ecology. The application should be completed by Lhe appli- ' cant and submitted through the county engineer of the county in which the l _ '+"• application is to be made. The county engineer should assign a priority b i l i ll i hi h F _ i at on to a projects w num er Lo the application n re t n t e county. The engineer should then submit the application to the Department. The s , grantee must be the county in which the proposal is to tic done. , 4.04 BudSeL Information -'y?n••' ; The Budget Information portion of the application shall consist of a ur.,,?U,;?,<?.;°;.o• detailed project or comprehensive flood control. management plan descrip- _ Lion and a cost estimate with detailed budget information. This informa- tion is used by Lhe Department to determine the grant eligibility and r? priority and must be :sufficiently detailed to enable the Department to make an adequate evaluation of the proposal. -6- 4.05 Funding Approval .Y The Department will evaluate the application for eligibility. This v" evaluation will be done in consultation with the departments of Fisheries' and Game. The Department may find it necessary Co meet with the applicant to clarify the proposal as to intent and scope of work. Upon r - establishment of eligibility, the Department will determine the priority + of this application in relation to other applications received. 3 4 The applicant will be notified in writing as to the status of its application. 4.06 Grant Agreement Preparation Upon approval of funding, the following administrative departmental procedures will occur: • a grant agreement will be prepared; • the grant will be approved and signed by an Assistaut Attorney General as to its legality; • the department will administratively reserve funds for the proposal. • Two copies of the grant will then be sent to the county engineer for signature. The copies of the grant must be returned to the Depart- ment for signature. 4.07 Effective Date of Grant Agreement The effective date of the grant agreement is normally the date of signature by the Program Manager or the Deputy Director. For purposes of comprehensive plan development, this date will be the date of certi- fication. See also 5.05, Grant Award and Authorization to Proceed. Upon signature, a copy of the grant agreement willhe sent to the county. Grants for non-emergency projects will not be signed by the Department until it has been shown that all necessary permits have been secured. Chapter 5 - Grant Administration 5.01 Scopeof Chapter This chapter explains policies and procedures from the date of grant agreement until completion. -7- I "ti -- 5.02 Contract Officer .f. The Contract Officer shall have Departmental responsibility for review r and approval of all work and services. + 5.03 Construction Plans and Specifications - Unless already approved in the permit process, the grantee shall provide the department one copy of all plans and specifications along with cost l a; estimates at least seven working days prior to the intended publication date of the bid call or before initiating construction. . .?.' Plans and specifications prepared under grant con Lracl. should he reviewed ' by the deparunent s staff prior to construction. The grantee :;hall incorporate into said plans and specifications any ". _ - changes deemed necessary by the department and the Departments of Fisheries and Game and submitted in writing to the grantee within 30 days of the execution of the grant. - 5.04 Bid Awards -' Tile grantee shall submit to tl;e department for review a summary of all -'. - bids received along with the grantee's designation of the probable vn successful bidder. Intent to award a contract to any but the low bidder or to any bidder exceeding the cost estimate must be explained in writing. Award of the bid to the successful bidder is contingent upon r -`v written concurrence by the department. ., The grantee shall also submit to the department for its files a copy of ail signed contracts between the grantee and contracLors engaged to perform any of the work outlined in the contract. 5.05 Grant Award and Authorization to Proceed A grant award is made when a grant agreement has been fully executed. The date of signature by the Program Manager or the Deputy Director of the Department of. Ecology is generally the effective date of the agreement. No costs incurred prior to the effective date are grant eligible unless specific provision is made in the agreement for such costs. Any such specific provisions must have been verbally approved by the appropriate representative of the Department prior to the work being performed. 5.06 "Financial Guidelines for Grants Management" The publication entitled "Financial Guidelines for Grants Management" published by the Department of Ecology Office of Management and Budget contains the general grant administration guidelines to be followed by the department and the grantee. The grantee should be familiar with the financial guidelines in order to assure that proper procedures are being followed. -B- ? } r i r ry. ' a 4''.; h 1 .S , ,}, 4 ??ll ^?? ya I 1 ? ?? 4 t.1 c 8 t + II ? 1 1 Y 1 ?4 ?4 fps ? f W r1 1 ev 4 .; ) 1: i l I l -?,n bras - '?'1J i y pat 5.07 Efficient and Effective Pla nagemeat ir.. Each grantee is responsible for the efficient and effective administration of the grant program through the application of sound > management practices. The County Engineer or designee is responsible 1 ' ? for this administration. The appointment of a designated individual to administer th , r . e program must be indicated in writing to the Department prior to construction commenci F y ng. or purposes of these guidelines, the " " x term county engineer has been used, where appropriate, the Public Works Director may be substituted. r; ' - 5.08 Conformity with Agreements and Project Objectives ' The grantee assumes responsibility for seeing that program funds have been expended and accounted for c i ons stent with underlying agreements and program objectives. - - a. 5.09 Reimbursement Policy - - Grants made to counties are on a reimbursable basis. The participant i nitially pays costs in full, whereupon after presentation of a billing to the department, the department's share is reimbursed to the partici- pant. Ten percent of each voucher is withheld - as security for the grantee's performance until the Department is satisfied that the work has _ - been completed in compliance with the grant agreement. Payments will not be made more often than once per month. 5.10 Projects not Constructed - i v It is the responsibility of the grantee to notify the department when it has been det d i erm ne that a project in which a grant has been executed ' lh ' ' will not be done. Funds allocated to a county for a specific project but d f not. use or that project must be released to the department. for reauthori- zation. The county may submit a re u t f f y+i 1€ q es or unding of additional pro- jects but the allocation of funds will be conti t ngen on availability of funds and the previously established priorjti.zed list established by the de artme t er p . n Y;, i ?•,.., 5.11 Progress of Work Following the grant award, Lite applicant is expected to initiate the work as soon as possible. The department realizes there are unfore- seen circumstances that may result in delays. It is the responsibility of the applicant to take all necessary actions to ensure that the work progresses satisfactorily. Depending on circumstances, failure to complete the work within the period specified in the grant agreement may result in withdrawal of the grant regardless of the percent of the completion attained. It is the grantee's responsibility to notify the department as soon as It has been determined that work will not tie completed within the intended time period. -9- "N q z • ?AtYm a S.i?" 8 ? `hcr:S+n?+141. ?..w t 2i :? X [ air. -0. ' e? ?s 5.12 Billing Procedures Fi . • - Requests for reimbursement will be submitted by the grantee on state voucher request forms provided by the department. Billings should be [ submitted at least quarterly and not more often than monthly. Payments must be made to the grantee who will. then reimburse the applicant. ` 5.13 Site Inspections The department reserves the right to conduct site inspections of all _ grant projects. Interim inspections will be made during the project W 11 period to ensure satisfactory progress on the project and to help resolve any apparent or anticipated problems. A final inspection will be made prior to final reimbursement to ensure that the project has been completed in compliance with the project contract. 5.14 Grant A re._ment Amendments A formal contract amendment signed by the Program Manager of the '...<' Department of Ecology and the authorized county official is necessary for - any significant change in an agreement. A significant change includes, 4 but is not limited to, any change in the contract schedule, which will } s result in the work being completed after the contract completion date, + and any increase to the total cost. ?'• Contract changes which do not change the overall project scope may be J implemented by the grantee provided prior department approval is obtained. Verbal approval may be given by Ecology provided that proper ' t - written documentation and approval. follows. ; • t Justification for contract changes must be provided in writing if required by the Contract Officer. This justification should include an explanation of the situation necessitating a change, the effects of the c change, and the alternatives reviewed. 5.15 Final Billing Following project completion, or comprehensive flood control management E } ?; ° plan approval, final billing, and a final. inspection by the department, fi l ill b d ithi i t t (60) d F l ill na paymen w e ma e w n s x y ays. ina payment w be to the grantee who will then have the responsibility to reimburse the applicant. P If any grantee fails to submit a final billing, the contract officer will 1 notify the grantee in writing of the need to comply within thirty (30) days after receiving the notice and the contract officer may close [he , grant agreement file without further payment or refuse to accept further ( ut +•'(? i, applications from the applicant until final billing has been submitted. ,p< -10- rS ? ?f°nj]F „ kb d ? ?t ?? .1 I JV t 15 i, + ,.? , M COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS CERTIFICATION CHECKLIST This checklist will serve as the basis for certifying eligibility for a Flood Control Assistance Account Program funds. Chapter 86.26.050 t ? RCW requires that comprehensive flood control management plans must •'' be completed and adopted within three years of the date of °r p r certification that they are being prepared in order for eligible municipal corporations to continue eligibility for FCAAP funding. Prior to execution of a grant by the Department of Ecology, this 3r checklist must be completed and submitted. Once a completed § checklist is reviewed and approved by Ecology, conditions related to ° the comprehensive flood control management plan development will be incorporated into the grant agreement. The date of certification will be the date of final grant execution by Ecology. INSTRUCTIONS: Please fill in the following information. l 1. The following cities, towns, counties, and special districts have signed an interlocal agreement for the development and implementation of the comprehensive flood control management plan (please attach copies): 2. The following city, town, or county is designated as the Y appropriate local authority responsible for developing the comprehensive flood control management plan: kH? 3. The extent of the planning area shall be: ? >T ' ° p (Cities, towns, and counties may develop the plans to " t apply jurisdiction wide. If less than the entire watershed, please explain how the extent of planning ? a?-;+ area was determined.) s 4. Status of the comprehensive flood control management plan: A. Scope of work developed yes ( ) no ( ) (Please attach.) B. Request for proposals developed yes ( ) no ( ) (Please attach.) C. Development of plan has begun. yes ( ) no ( ) If yes, which of the following plan elements has been completed? -m i) Description of the watershed ii) Identification of the types of watershed flood problems iii) Location and identification of specific problem N" areas iv) Descriptlon of flood damage history v) Description of potential flood damages vi) Determination of the need for flood control work vii) Short-term and long-term goals and objectives for the planning area 5. If the comprehensive flood control management plan has not yet been completed, please describe the anticipated schedule: A. Draft complete Date B. Public hearings Date ' C. Review complete Date D. Adoption consideration Date .,' E. Submittal to Ecology Data ?tlF 6. Which of the following state agencies have been ment of the plan or scope of the develo d d i r k i p ur ng consulte work? r A. Department of Fisheries Date B. Department of Game Date C. Department of Ecology Date t` SIGNATURE OF AUTHORIZED REPRESENTATIVE OF APPLICANT Date r SIGNATURE OF AUTHORIZED REPRESENTATIVE OF COUNTY (if different from above) a I?,` Date r a r?1Q1 } M 44 v y B U D G ET INFORMATION C777 7`_ t 1 0 PROJECT TITLE Pine River Maintenance and Dike Repair PROJECT DESCRIPTION Riprap two sections of streambank,_each approximately 500 l ineal fee.L_ and placement of geotextile mat beneath rock. Clean out debris from section of stream channel. BID ITEMS # UNITS QUANTITY UNIT COST COST Riprop Tons 425 $20.00 $8,500.00 Crushed Rock Tons 55 $15.00 825.00 Geotextile Sq. Yd. 1100 $ 3.80__ 4,180.00 Excavation C_Y. _ 410 _$11.00____ 4,510.00 County Labor M.H,,,,.___ 8,925.00 Equipment Rental _$30_00_ __200.00 P?? n PN\ TOTAL BID ITEMS COST $28,140.00 DESIGN PRE-ENGINEERING 3,000.00_ ADMINISTRATIVE COSTS 1,500.00 INSPECTION FEE 1,500.00. _, MISCELLANEOUS _11000.00...____. SALES TAX `* (7.5%) 52,110.5011_.._._ TOTAL PROJECT COST $37,250.50 # (attach additional shoets if necessary.) "based on applicable taxable Items x ?wxe. - -- aweei _ ?,?.? -3?::___, ,:?' ?"' a . '':?°?' ?„?• yes S '?Ss . COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS r CERTIFICATION CHECKLIST ? This checklist will serve as the basis for certifying eligibility for Flood Control Assistance Account Program funds. Chapter 86.26.050 RCW requires that comprehensive flood control management plans must +t .. be completed and adopted within three years of the date of certification that they are being prepared in order for eligible a municipal corporations to continue eligibility for FCAAP funding. ` Prior to execution of a grant by the Department of Ecology, this ' checklist must be completed and submitted. Once a completed checklist is reviewed and approved by Ecology, conditions related to the comprehensive flood control management plan development will be incorporated into the grant agreement. The date of certification c will be the date of final grant execution by Ecology. 'r INSTRUCTIONS: Please fill in the following information. 1. The following cities, towns, counties, and special districts have si ned i t , g an n erlocal agreement for the development and implementation of the comprehensive flood control management plan (please attach copies): rr _ ? 2. The following city, town, or county is designated as the t ??}r appropriate local authority responsible for developing k ? t ?1r' the comprehensive flood control management plan: , F _ e 3. The extent of the planning area shall be: v 6"4 M -Ln g (Cities, towns, and counties may develop the plans to y min A, apply jurisdiction wide. If less than the entire watershed please explain how the e t t f y ?zc , x en o planning area was dotermined.) G+ d ? m ? + ?? r y„ r r ? y V 54 ? ?y ? S Y?I4? fi ' ? • r P ? ' ? i ! ti - ti J 17 4 1 3tL ' , ,, _ ? r {h ? u[ 1 1 -t Y g.4 - ?? ? _ ?n ? x a ' 4. Status of the comprehensive flood control management plan: A. Scope of work developed yes ( ) no ( ) `. µ (Please attach.) H. Request for proposals developed yes ( ) no ( ) j (Please attach.) W. C. Development of plan has begun. yes ( ) no ( ) If yes, which of the following plan elements has been completed? i) Description of the watershed ii) Identification of the types of watershed flood problems iii) Location and identification of specific problem areas _ iv) Description of flood damage history v) Description of potential flood damages vi) Determination of the need for flood control R work vii) Short-term and long-term goals and objectives for the planning area 5. If the comprehensive flood control management plan has 1„ ?, Vr not yet been completed, please describe the anticipated schedule: b 1 }S A. Draft complete Date B. Public hearings Date C. Review complete Date s m r D. Adoption consideration Date E. Submittal to Ecology Date r Hy 6. Which of the following state agencies have been consulted during the development of the plan or scope of e r work? A. Department of Fisheries Date J B. Department of Game Date ?- C. Department of Ecology Date t f ` SIGNATURE OF AUTHORIZED REPRESENTATIVE OF APPLICANT a 5 JArm Date a4 N y, SIGNATURE OF AUTHORIZED REPRESENTATIVE OF COUNTY %Y?9. uq ,* (if different from above) r ? " Date t? ?ak7?r??arazn?r+,ml?Srre_?a.??, ..a?ur:+r?e??x?trmram wrlr nr Jam ?UQGET IIdFORMATIOM PROJECT TITLE -pine River Maintenance and Dike Repair PROJECT DESCRIPTION R112rap two sections of streambank,_ each anproximate1y_ 500 lineal feet and placement of geotextile mat beneath rock. Clean out debris from section of stream channel. BID ITEMS # UNITS QUANTITY UNIT COST COST Rlprap Tons 425 $20.00 $8,500.00 Crushed Rock Tone 55 $$15.00 825.00 Geotextile $q. Yd, 1100 $ 3.80 4,180.00 Excavation C.Y. 410 _$11_004,510.00 Count Lobo- M.H._-__ _525 __ _ $17`00 8,925.00 Equipment Rental -40$30.00____ 1,200.00 P? TOTAL BID ITEMS COST $28,1,40,00 5 DESIGN PRE-ENGINEERING 3,000.00 ADMINISTRATIVE COSTS J,500.00.._--__ INSPECTION FEE 1,500.00 MISCELLANEOUS _1,000.00..___._._ SALES TAX " (7.5%) $2,110'.50-...-- TOTAL PROJECT COST $37,250.50 # (attach additional sheets if necessary.) "based on applicable taxable Items r _ ?i ..r a? FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM (Chapter 86.26 RCW) COUNTY PRIORITY RATING OF r ccv 070-10 e ;i 71 i'. Yy * 7 4 .S] t >'N.f 1P4' 2k ?til N% y ?'L } 1,? CS ??3 ICI k ? `v f a1?S ? i r ? ? J i- ? 74? 4 N f t ? F _' ? ? ? - L, 1 r t ? . f - - ,71 ?m 77 9. FLOOD FREQUENCY PROTEC ION PROVIDED BY PROJECT FACIL Y Prior Year Flood Frequency Present __-_ Year Flood Frequency Future --Year Flood Frequency Not Applicable 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN " Planning process has not been initiated Preparation underway Completed Anticipated completion date 12. HAS AN ENVIRONMENTAL DETERMINATION (SEPA) BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES ( 1 NO ( ) (Please enclose environmental documentation) 13. APPROVALS/PERMITS STATUS a. HYDRAULICS PROJECT APPROVAL pending 1 1 date received -.--_ preliminary consultation ( ) yes ( 1 no ( ) NA ( ) ..----.................................°................................................................................... b. CORPS PERMIT pending ( 1 date received--- preliminary consultation ( 1 yes If ) no ( ) NA ( 1 .............. ............................................................................................................ c. SHORELINE PERMIT pending ( 1 date received preliminary consultation I I yes 1 1 no ( ) NA ( ) .................................................... •...------............._............................................... d. WATER QUALITY CERTIFICATION pending ( 1 date received preliminary consultation ( ) yes ( 1 no ( ) NA ( 1 ............................................................................................................................ e. FLOOD CONTROL ZONE PERMIT pending ( ) date received- preliminary consultation ( ) yes ( 1 no ( ) NA ( I ..... .............................................................................................•----•......-•--.......... f. OTHER (list) pending ( 1 date received..- ..-_ -.. __.._- preliminary consultation 1 1 yes ( I no ( ) NA 1 1 14. SIGNATURE of authorized representative of APPLICANT Date SIGNATURE of authorized representative of COUNTY (if ditforent from above) ... _,..._._....__._ ...._._... . ., ._--..-..---..._._----..._ Data -x 4. 9 r.i c PROJECT TITLE PROJECT DESCRIPTION BID ITEMS # UNITS QUANTITY UNIT COST COST TOTAL BID ITEMS COST DESIGN PRE-ENGINEERING ADMINISTRATIVE COSTS INSPECTION FEE MISCELLANEOUS SALES TAX --- TOTAL PROJECT COST # (attach additional shoots if necessary.) 3 x ?` r '?Nh[ T1Y[i S yi M1Af!'U y ` 7k ?f ? 1'? a 1 i ? 4 ?'I }t' ? 1? ' i ? f ? 1 r ,'r . ti rr ., r ? 1B U D G ET INFORBAATION PROJECT TITLE Pine River Maintenance and Dike Repair PROJECT DESCRIPTION Riprop two sections of streambank, each approximately 500 lineal fait and placement of geotextile_mat beneath rock. Clean out debris from section of stream channel. BID ITEMS -0F UNITS QUANTITY UNIT COST COST Riprap Tons 425 $20.00 $8.500.00 Crushed Rock Tons 55 $15.00 825.00 Geotextile Sq. Yd. 1100 $ 3.80- 4,180.00 Excavation C. Y. 410 _$11.00____ 4,510.00 County Labor 8,925.00 Equipment Rental __4_0___ $30:00 1,200.00 ??V \ TOTAL BID ITEMS COST $28,140.00 5 DESIGN PRE-ENGINEERING 3,000.00 ADMINISTRATIVE COSTS INSPECTION FEE 1,500,00.-._ MISCELLANEOUS _1,000.00...._.__.. SALES TAX " (7.5%) $2,110.50 TOTAL PROJECT COST $37,250.50 # (attach additional sheets if necessary.) "based on applicable taxable items a-xaxs9 -:.,-, ' A t , ?M1 R f ?i i M 2 COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS CERTIFICATION CHECKLIST This checklist will serve as the basis for certifying eligibility for Flood Control Assistance Account Program funds. Chapter 86.26.050 RCW requires that comprehensive flood control management plans must be completed and adopted within three years of the date of certification that they are being prepared in order for eligible municipal corporations to continue eligibility for FCAAP funding. Prior to execution of a grant by the Department of Ecology, this checklist must be completed and submitted. Once a completed checklist is reviewed and approved by Ecology, conditions related to the comprehensive flood control management plan development will be incorporated into the grant agreement. The date of certification will be the date of final grant execution by Ecology. INSTRUCTIONS: Please fill in the following information. 1. The following cities, towns, counties, and special districts have signed an interlocal agreement for the development and implementation of the comprehensive flood control management plan (please attach copies): S _a i f r, 2. The following city, town, or county is designated as the appropriate local authority responsible for developing the comprehensive flood control management plan: 3. The extent of the planning area shall be: ` t (C t es towns and co t ` N , , un es may develop the plans to 4Y apply jurisdiction wide. If lase than the entire t h d l t.` r ( w+ wa ers e , p ease explain how the extent of planning area was determined.) r} 4 'F x y r ? ? ` F r ? S ? K t a ' 1 c? .'a r ? r 4 ? S, I t 4 ?y r ls1 ? ?-?'! (1 1{ f T' I i ?+ ? ? Y 6 F d ?n ) 4. Status of the comprehensive flood control management plan: A. Scope of work developed yes ( ) no (x) (Please attach.) ? B. Request for proposals developed yes ( ) no (x) ' (Please attach.) s" * C. Development of plan has begun. yes (x) no ( ) If yes, which of the following plan elements has been completed? i) Description of the watershed x. ii) Identification of the types of watershed flood a problems Location and identification of specific problem p areas iv) Descriptfon of flood damage history p v) Description of potential flood damages vi) Determination of the need for flood control •. e work vii) Short-term and long-term goals and objectives for the planning area 5. If the comprehensive flood control management plan has s_ 6 not yet been completed, please describe the anticipated schedule: A. Draft complete Date Jar,,, B. Public hearings Date C. Review complete Date Nev D. Adoption consideration Date .{ -..,- l in i E. Submittal to Ecology Date Fab / 98 6. Which of the following state agencies have been consulted during the development of the plan or scope of work? z r t ? r;r its, A. Department of Fisheries Date Ir? B. Department of Game Date p` 4 { C. Department of Ecology Date t f ' SIGNATURE OF AUTHORIZED REPRESENTATIVE OF APPLICANT rx }y ` }6 Date °?. 1 SIGNATURE OF AUTHORIZED REPRESENTATIVE OF COUNTY rr `: (if different from above) ' L 1? 5 err ??YY?? r i Xa'xY Date t i yr , Id fry ?+[,: x ?? 1st it,° r 4 ;:1 ?{ 1 Z r ,; JH: r tr r l????$$gpp?'? ?t(}-. Sr" t f? r'? x.14.1 F w to v c , '? r f?Yl+ r, V741,77, ' AWS7 j fi Ydr?; i 4 1? f ?', 'Ag^ ¢ 11.? yJ17}' R1 4 h ?lP ly ? ' -ro ' S ? 1 y V?•} ti s o- ,V 4. i r r 7 } ? y ?t N { ??? f 7:, 'n'r? fl 6J f tW } ?N COUNTY PRIORITY RATING OF 1. APPLICANT n J ', a. Name of Entity b. Department/Division c. Address %A?O •Io.r.2rsn ;,r' P??, /jnx /?^,? F.?i;,v r.<,('ran7.4i6 d. County --,)?? s a t e. Telephone No. f. Contact Person 6Cr? C / rs1: T 2. COUNTY ENGINEER a. Name /6141• , -' !-' . b. Address .?? (? 1! Cam. ^ n r c. Phone No. 3. PROJECT a. Title c.-,.•: - r,y u., i:e. iax . b. Location: Water Body -' %.- • Section Township Range Note: Attach detailed plans, construction drawings, vicinity maps & general plan. 4. TYPE OF GRANT a. X- Comprehensive Flood Control Management Plan b. Nonemergency Project c. Emergency Project I'S 5. TOTAL ESTIMATED COST $ Rt7 Attach detailed breakdown of estimated costs. TOTAL STATE FUNDS REQUESTED $ 7. SOURCE OF LOCAL MATCH general obligation funds ( ) cash ( ) revenue bonds/ certificates ( ) other ( ) 8. PROJECT DURATION FROM: To: I,...: ^r" ECY 030-10 f w N r; IaRhip ?'"3T - ? ;ry { ??, n???d .!!?'?''"?•. 7J i?°?i'P,+tt?.hi?f :.?i..fn''?'?j, ?. ''??.?il?w?d?`?yp !? ! ? .,? i ^?Ylt 13 ?? )Z ? ? Y lh?r ? t i ' n. r• p. 9. FLOOD FREQUENCY PROTECTION PROVIDED BY PROJECT FACILITY Prior Year Flood Frequency Present -Year Flood Frequency Future Year Flood Frequency Not Applicable -) 10. DESCRIPTION OF PROPOSAL AND PUBLIC BENEFITS Attach a detailed description of the proposal and alternatives that were considered. Describe the public benefit in detail and demonstrate how alternatives would be less beneficial to the public. Describe the development which exists on lands protected by project facility and how this project will mitigate flood damages. 11. STATUS OF APPLICANT'S COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN Planning process has not been initiated ' Preparation underway ' Completed Anticipated completion date .)un& 7982 112._.HAS AN ENVIRONMENTAL DETERMINATION, (SEPA)_.BEEN MADE FOR THIS PROJECT OR FOR THE COMPREHENSIVE PLAN WHICH INCLUDES THIS PROJECT? YES ( 1 NO ()C) (Please enclose environmental documentation) . 13. APPROVALS/PERMITS STATUS __ a. HYDRAULICS PROJECT APPROVAL pending ( ? date received preliminary consultation ( ) vas ( ) no ( ) NA (X); ! .................................•_____ °----•-_--^9 ._.•.__•.__.._-______....---.._._ ..___ ....._.. i b. CORPS PERMIT - ^ pending I ) date received preliminary consultation ( 1 Yes ( 1 no ( j NA (."? t.... _ ......................... ... -...-•--._.....-•-•---------• ......................._.__.._... c. SHORELINE PERMIT pending ( I date received preliminary consultation ( ) yes ( ) no ( ) NA (X)' ... ..._...__ d. WATER QUALITY CERTIFICATION pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA (AJ ............................................................................................................................ e. FLOOD CONTROL ZONE PERMIT pending ( ) date received preliminary consultation ( ) yes ( ) no ( ) NA (X) ........................ ............ .... . ... ...... .....................•°°--°-__-...._____............_----------•--..... f. OTHER (list) pending ( ) date received,--- preliminary consultation 1 ) yes ( ) no ( ) NA IvJ 14. SIGNATURE of authorized representative of APPLICANT Date SIGNATURE of authorized representative of COUNTY (if different from above) Date -' - - - J c sY, II ?i 5Y? ? i , i, ! h 1 r _ T` ._i ??9n. "T„ , , %'_ .gym _ _SC+1Py&. =-?.-9`?L11?.? f ..n+•SgL-""'?-- SL 911, ., S9k`. r BUDGETINFORMATION PROJECT TITLE PROJECT DESCRIPTION T Zr2T/n /?dar /oa rlr? S BID ITEMS dF UNITS QUANTITY UNIT COST COST TOTAL BID ITEMS COST ENGINEERING DESI N P E - G R ADMINISTRATIVE COSTS ?•?<"C,70 INSPECTION FEE MISCELLANEOUS SALES TAX TOTAL PROJECT COST y_ # (attach additional sheets if nocessary.) f s` 3 ?..: t ? r ? % ? t y ?1Y l 41 4 -,?1 t p.? Y t 1 Y? t lam. ? i l ?r T? MOM S xx 1 1 Hr3 N? I ? t. R v . FEU o?.(U ?Y -' ANDREA BATTY RINIKER d .Y Director STATE OF WASHINGTON s DEPARTMENT OF ECOLOGY Mail Stop PV-77 • Olympia, Washington 98504-8717 • (206) 459-6000 March 20, 1986 r Mr. Gary Rowe Jefferson County Public Works Director 1820 Jefferson Street Port Townsend, WA 98368 1 f Dear Mr. Rowe: Subject: Legislative Update - Flood -Control Assistance Program The 1986 Legislature recently passed and the Governor has signed into law Substitute House Bill 1622 which changes the Flood Control Assistance Account Program (FCAAP) as it affects counties in the following important ways. • Ecology may now provide FCAAP grants for up to 75 percent of comprehensive - f1:? flood control management planning costs. • Ecology may also include project specific planning and design costs as eligible for reimbursement at the current 50 percent rate. fv ?k The new law does not become effective until June 10, 1986. During the next _ 90. days we will be evaluating this biennium's program and determining the ., extent to which project planning and design and comprehensive planning dollars might be available for current grants and for the remainder of the biennium. It appears at this time that most of the program's money is fully committed -? to the original and supplemental lists of approved maintenance projects. We would therefore not expect to be in a position to make further funding commit- ments until after the end of the 1986 construction season. For further information, please contact me at (206) 456-6791 or Grant Fredricks at (206) 459-6776. Sincerely, Jerry Louthain, P.E., Supervisor Flood Plain Management Section Shorelande and Coastal Zone Management Program JL:lt RECEIVED W cc: ashington Association of Counties County Road Administration Board MAR 2 5 1988 Washington State Conservation Commission X-'rFERSON COUNTY i t uiNEERS OF t? - . FIC E, 7 711° 0 ' '. ROU TING (V .J REVIEW AND PASS ON A SLIP ? S INDICATED ?' DA tE SEPT INDATE WNEN GA SSING ON t .+ 1 s- f ? 6 I } RETURN TD 612,4 ti1AAM6 /?lFv ?+ SR fir-,?rI Department of Public Works COURTHOUSE I PORT TOWNSEND, WASHINGTON 98368 JEFFERSON COUNTY COURTHOUSE TEL. (206)385.3505 NATIONAL HISTORIC SITE a PORT TOWNSEND, WASHINGTON BRIAN L. SHELTON, DIRECTOR i `1 ., .. i?'..Ir. Jefferson County is withdrawing the grant applications for two of the three projects submitted for funds from the Flood Control Assistance Account Program (FCAAP). The projects to be { withdrawn are the Big Quilcene River Bar and Debris Removal, and x the South Bogachiel River, Bank Protection. The Rock Creek Rip Rap project is planned for completion in 1986. If you have any questions, do not hesitate to contact me. Sincerely, / Y / jtVG- N e s b i t t obert G. Nesbtt County Engineer xc:FLO 06.10 (3) PWA 02 CN. A Y MAC-- /"Ra 1?'+• ?" ?T ?'{? ?ny}y, ?.?+ `+ n? s ?'RR X6 CR f 1 1 1 ?. ! h Y 7 y r,i Sl S ? l I" I i / f ? .ry'? V I 1• f? H 1 . I r ? ? I _ r Ih 4 f ti Y? Cf 51 E _,' `'i r 1 l a 4 ',4I' ?,v# ,,,n ? I Yb c G i?? h f 5 1' , n 1 ? g. x Chapter 86.26 RCW ' - STATE PARTICIPATION IN FLOOD CONTROL MAINTENANCE, - Sections RCW $6.26.050 Projects in which state will partici- 86.26.005 Declaration of purpose. pate-Allocation of funds. State participation shall be 86.26007 Flood control assistance account-Esmbltshment-- in such hood control maintenance Use. projects as are af- 86.26.010 Administration and enforcement. reeled with a general public and stale interest, as differ- °r 8616.040 Duties of local engineer-Approval of plans, etc., by entialed from a private interest, and as are likely to department of ecology. bring about public benefits commensurate with the. - 86.26.050 p nds funds, in which store will participate-Allocation of amount of stale funds allocated thereto. No participa- k 86.26.060 Allocation of funds. lion may occur with a county or other municipal corpo- ,4"ni t 86.26.070 Flood control maintenance fund of municipal corpora. ration unless the director of ecology makes a finding - non-Composition-U.- that the county, city, or town having • lannin urisdic- 'u 86.2M1 080 Annual budget reports of municipal curpomtiom--- P b j lion over the area where the flood control maintenance :t a nlfocatbn of food.,. r 86.26.090 scope of maintenance in which stain will participate* project will be engages in flood plain management acliv- 86.26.100 Agreement as to p.aninput on- -l.imia an amount. itics, on the one hundred year flood plain surrounding + 86.26.115 Comprehensive flood control management plan -Re- such area, that are adequate 10 protect or preclude flood F quirements-Time for completion. damage to structures, works, and improvements that _ RCW 86.26.005 Declaration of purpose. It is the may be built within its planning jurisdiction on such flood plain after the request for state participation has A I purpose of the state in the exercise of its sovereign and been made, including restriction of land uses within a _ police powers and in the interest of public welfare, to 3 'M1 establish a state and local participating flood control river's meander belt or floodway to only flood-compati- s• maintenance policy. 11951 c 240 § 2.1 ble uses. No participation -ty occur with a county or other municipal corporation unless the county engi ricer RCW 86.26.007 Flood control assistance ac- of the county within which the flood control mainle- - Y count-Evtoblishmenl-Use. The flood control as. trance project is totaled certifies that it comprehensive sistance account is hereby established in the general flood control management plan has been completed and r fund. At the beginning of each biennium after June 30, adopted by the appropriate local authority, or is being _ Fj 1985, the state treasurer shall transfer from the general prepared for all portions of the river basin or other area, + fund to the flood control assistance account an amount within which the project is located in that county, that are subject to flooding with a frequency of one hundred >Y • { _ of money which, when combined with money remaining in the account from the previous biennium, will equal years or less. Such participation shall be made from M four million dollars. Moneys in the flood control assist- grants made by the department of ecology from the ' ante account may be spent only after appropriation for a flood control assistance account. 11984 c 212 § 4; 1951 c ?f + 4peei tied list of projects under this chapter. 11984 c 212 240 § 7,1 RCW 86.26.1160 Allocation or rands. Grants for R(•W 86.26.0111 Adminl.vtretfnn and enforcement. flood conrul maimeminee shall be so employed [lint as U - The department of ecology shrill have charge for the far as possible, funds will be on hand to meet unusual, state of the administration find enforcement of :dl Laws unforeseeable and emergent flood conditions. Allocations }7 relating to flood control. 11984 c 212 § 2; 1951 c 240 § by the department of ecology, for emergency purposes, t d y? 5 3.1 shall in each instance be in amounts which together with +F '+ I funds provided by meal authority, if any, under reason- r r RC\4 86,26A411 Duties of local engineer-Ap- able exercise Of its emergency powcn, shall be adequate provul of plans, etc., by department of ecology. Whenever ror the preservation of life and property, and with due state grants under this chapter arc used in a flaod con- regard to similar needs elsewhere in the state. 11984 c t k trot maintenance project, the engineer or the county 212 § 5; 1951 c 240 § 8.1 within which the project is located shall approve all ' I a t i t' plans for the project and shall supervise the work. The RCW 86,26.0711 Flood control maintenance land of b ; s : is:j1 approval of such plans, construction and expenditures by municipal corporation--COmposlNon-(eve. Any a the department of ecology, in consultation with the de- municipal corporation subject to flood conditions, Holy , r a t (., '?; partment or fisheries and the department of game, shall establish in its treasury a flood control maintenance A '+;e t m t fib be a condition precedent to stale participation in the east fund. Such hind may be maintained by transfer !hereto f t, ,+ J u orally project. 11984 c 212 § 3; 1951 c 240 § 6.1 of moneys derived front regular or special lawrid levies ?, . J. 1SC?'J'l?w1s ?a l ,f Ik .q'yfi [y??yC+[ y_; f 114X) I s.al Ill.. 86.26 R('1V-p II t , i t ? r t4 t 1 .J?.: 11 'i , 1 ry r + ? fl r v ??? t a k jhn . j uu, s" f?' ??w??t 2 y' f r i 4 f? ? rt,?a t ?f4 r m I t ???9 , for flood control purposes, moneys which may be law- fully transferred to it from any other municipal fund; and gifts and contributions received for flood control purposes. All costs and expenses for flood control main- tenance purposes shall be paid out of said flood control maintenance fund, which fund shall not be used for any other purpose. [ 1951 c 240 § 9.1 RCW 86.26.080 Annual budget reports or municipal corpora (ions-Allocation of funds. Any municipal corporation intending to seek state participating funds shall, within thirty days rfter final adoption of its annual budget ror flood contr.,. purposes, report the amount thereof, to the engineer of the county within whose boundaries the municipal corporation lies. The county engineer shall submit such reports, together with reports from the county itself, to the department of ecology. On the basis of all such budget reports received, the depart- ment may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of funds from the flood control assistance account for the ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section. [1984 c 212 § 6; 1951 c 240 § 10.1 RCW 86.26.090 Scope of maintenance in which state will participate. The stale shall participate with el- igible local authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood wa- ters with it minimum of damage from bank erosion or overnow of adjacent lands and property; and in restor- ing, maintaining and repairing natural conditions, works and structures for the maintenance of such conditions. The suite shall likewise participate in the restoration and maintenance of natural conditions, works or structures for the protection of bads and other property from in- undation or other damage by the sea or other bodies of water. Funds from the flood control assistance account shall not be available for maintenance of works or struc- tures maintained solely for the detention or storage of flood waters. [ 1984 c 212 § 1; 1951 c 240 § 11.1 RCW 86.26.11111 Agreement ms to participation- Limit on amount, Slate participation in the cost of tiny flood control maintenance project shall be provided for by it written memorandum agreement between the di- rector of ecology and the legislat ivc authority of the county submitting the request, which agreement, among other things, shall slate the estimated cost and the per- centage thereof to be borne by the slate. In no instance, except on emergency projects, shall the state's share ex- cecd one hair the cost of the project. [1984 c 212 § 8; 1951 c 240 § 12.1 RCW 86.26.105 C'amprehensile flood control man- agement plan-Requirements-Time rot completion. A eontprehenshc flood control management plan shall determine the need for flood comrol work, consider ai- ternativcs to in slrcani Iloxl control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway. A comprehensive flood control management plan shall be completed and adopted within at lead three years of the certification that it is being prepared, as provided in RCW 86.26.050. If after this three-year period has elapsed such a plan has not been completed and adopted, grants for flood control maintenance shall not be made until a plan is completed and adopted by the appropriate local author- ity. These limitations on grants shall not preclude allo- cations for emergency purposes made pursuant to RCW 86.26.060. [1984 c 212 § 9.1 ifs Yt i - 4 r r;r4 ' w;Y - nurs5n +y)P. 4 4 ,; r j1 1 r I ^"s ? Chapter 173-145 WAC ADMINISTRATION OF THE FLOOD CONTROL ASSISTANCE ACCOUNT PROGRAM ?rt ?rl 'eAF '- WAC 173-145-010 Authority and purpose. 173-145-020 Definitions 173-145-030 Eligibility criteria for FCAAP funds. 173-145-040 Comprehensive O_it control managemem plan. 173-145-050 Floodplaio management activities. 173-145-06(1 FCAAP project application prat",. 173-145-070 FCAAP project approval process 173-145-080 Priority or FCAAP project,. .173-145-090 Flood control assistance account contribution, and project match requirement" 173-145-100 Emergency fund administration. 173-145-110 Multi-year projects. 173-145-120 Work standards for all FCAAP projects. 173-145-130 Project construction monitoring. 173-145-140 Written agreements. 113-145-150 Equipment rental. WAC 173-145-010 Authority and purpose. Chapter 212, Laws of 1984, regular session, amended chapter 86.26 RCN', state participation in flood control mainte- nance (the act); RCW 86.26.010 and 86.16.170 provide that the Washington department of ecology (WDOE) shall administer and enforce the flood control assistance account program (FCAAP) established by the act. This chapter describes the manner in which WDOE will im- plement the provisions of the act. 1Statutory Authority: Chapter 86.26 RCW. 85-14-002 (Order DE 85-10). § 173-145-010, filed 6/21/85.1 WAC 173-145-020 Definitions. For the purposes of this chapter and subsequent regulations formulated for floodplain management programs in Washington. the following definitions shall be used: (1) 'Applicant' is an eligible municipal corporation seeking matching funds for flood control maintenance work. (2) 'Appropriate local authority' is a county, city, or town having planning and land u,c jurisdiction within the area covered by the CFCMP. (3) 'Comprehensive flood control management plan (CFCMP)' is a document which provides a means of planning for and evaluating the impacts of a fhod con- trol program within a river basin, subbasin, or other urea to ensure that work done on specific project activities is compatible with the goals and objectives for the area covered by the plan, as described in WAC 173- 145-040. (4) 'County engineer' is the appointed public work" director, county engineer, or the person designated to act for the county engineer. (5) 'Eligible municipal corporation' include" but is not limited to counlic,, cities, towns, conscrvaunn ci,- trieh, and any special di,tricts which have flood control responsibilitic,. t6„l.w . (6) "Emergency fund" is that portion of the biennial appropriation allocated to the hard control s,siwonce account which is set aside For cmerpcncy pr•0ya, (7) "Emergency project" is flood control work a, authorized and approved by WDOE which mu,l be done immediately to protect lives and property. - (8) "Flood compatible land uses those use, of the land within the river's meander bell or floodway which comply with the minimum state, federal, and local flood plain management regulation requirement,. (9) 'Flood control responsibility" is any statutory re- sponsibility which includes or is directly related to con- trolling flood waters, prevention of flood damages. or the protection of life and property from flood damages. (10) 'Floodplain management activities" are activitic, as defined in WAC 173-145-050 to be performed by local governments through ordinances or other means to reduce the damaging effects of flooding. (11) 'Floodway- means the regulatory floodway as defined in WAC 173-145-020114). (12) "Maintenance project' is the work ncce,sar) to preserve or restore the natural condition or w restore roan-made flood control facilities to their former condi- tion using in-kind replacement materials or acceptable alternatives. This work is necessary due to damage or destruction from flooding by action of erosion, stream flow, sheet runoff, or other damages by the .sca or other bodies of water. (13) -Meander belt" is that portion of the floodphoin. for streams which have meandered over recent times. that can be identified by the evidence of present and previous meanders. This shall include the present stream channel. (14) 'Regulatory flavdwa)'' means the channel of a river or other watercourse and the adjacent land area, that must be reserved in order to discharge the base lone hundred )car frcqucncv) flood without cumulatively in- creasing the water surface elevation more than a dosig- mued height. 1Staiutory Authority: Chapter K6?4, RCW. 85-W-002 (Order DF. 85111). § 173.145 (120, filed 6/21/85.1 WAC 173-1415-11311 Eligibility criteria for Fcw, funds. Criteria to be used in determining eligibility al' an FCAAP projccl application are as follows: (1) Eligible municipal corporation Tliv applwanl must be an eligibly municipal cor(srratton a, dcltmd w WAC 173 145 (1211151. (2) Public benefit. It shall be clearly demomtrm,cd Ih;tl the project, shall di,pla) a pener;d public and ,tote interest as dil'I'crenimied from n privacy interc,t ;onl they Ith Ill 1455sU -Pll C Ire ? - Y. t ry,? A4g L? Y b l 1 \W - ... 1 t t t ?: A 4 ?l} t M h iS` a&t 2 a i(d.?lkl1?/ ' . , y , V > I f ) r 1 L 1 1 at qtr- 1 } u ? ? Oj t r i t i t t ?r ti„ t m R ' u v I y , fi; h 7 r t 1? A .P S? l r l A , ? , aura ?t? r t h ?. WR 173-145-030 Flood Control Assistance shall bring about public benefits commensurate with FCAAP funds provided. (3) Comprehensive flood control management plan. The requirements of WAC 173-145-040 must be com- plied with by the appropriate local authority with flood control jurisdiction over the area where the proposed project is located. (4) Floodplain management activities. The appropri- ate local authority within whose jurisdiction projects arc located shall be engaging in those certain floodplain management activities as described in WAC 173-145- 050. (5) Budget report. Any eligible municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county engineer within thirty calendar days after its final adoption. The budget report for eligible municipal corporations and for the county shall be submitted. to WDOE by the county en- gineer not later than Febuary 15 of every year. 1Statu- tory Authority: Chapter 86.26 RCW. 85-14-002 (Order DE 85-10). § 173-145-030, filed 6/21/85.1 WAC 173-145-040 Comprehensive flood control management plan. The county engineer of the county within which the maintenance project is located must certify that the plan has been completed and adopted by the appropriate local authority or is being prepared. The comprehensive plan must be completed and adopted within three years of the date that it is certified as being prepared. The appropriate local authority may require the applicant to fully or partially fund the preparation of the CFCMP. The plan must include: (I) Determination of the need for flood control work. (a) Description of the watershed. (b) Identification of types of watershed flood problems. (c) Location and identification of specific problem areas. (d) Description of flood damage history. (c) Description of POWIial flood damages. (f) Short-term and long-term goals and objectives for the planning area. (2) Alternative flood control work. (a) Description of potential measures of instrcam flood control work. (b) Description of alternatives to instrcam flood con- trol work. (3) Identification and consideration of potential im- pacts of instream flood control work on the following in- stream uses and resources. (a) Fish resources. (b) Wildlife resources. (e) Scenic, aesthetic. and historic resources. (d) Navigation. (e) Water quality. (f) Hydrology. (g) Existing recreation. (h) Other. (4) Area of coverage for the comprehensive plan shall include. as a minimum, the area of the one hundred year frequency floodplain within a reach of the water- shed of sufficient length to ensure that a comprehemive evaluation can be made of the flood problem, for a spe- cific reach of the watershed. The plan may or may not include an entire watershed. Comprehensive plan% shall also include flood hazard areas not subject to riverine flooding such as areas subject to coastal flooding. flash flooding. or flooding from inadequate drainage. The me- ander belt or regulatory floodway shall be identified on aerial photographs or maps which will be included with the plan. (5) Conclusion and proposed solution(s). The CFC.'v1P shall be finalized by the following action from the ap- propriatc local authority: (a) Evaluation of problems and needs: (b) Evaluation of alternative solutions: (c) Recommended corrective action(s) with proposed impact resolution measures for resource losses: and (d) Corrective action priority. [Statutory' Authority: Chapter 86.26 RCW. 85-14-002 (Order CE 85-10). § 173-145-040, filed 6/21/85.1 WAC 173-145-050 Floodplain management actisi- ties. To be eligible for FCAAP funding. the appropriate local authorities within whose jurisdiction the mainte- nancc projects are located. must be engaging in flood- plain management activities which will protect or prevent flood damages from occurring to future struc- tures, works. and improvements within their jurisdiction. The department of ecology shall find that they arc: (1) Participating in the national flood insurance pro- gram (NFIP) and meeting all of the NI°IP requirements. (2) Certify through the state department of emer- gency management that the local emergency manage- ment organization is administering an acceptable comprehensive emergency operations plan. (3) Restricting land uses within the meander belt or floodway of rivers to only flood compatible uses. 1St31u- tory Authority: Chapter 86.26 RC\\'. 85-14-002 (Order DE 85-10). § 173-145-050. filed 6/21/85.1 WAC 173-145-060 FCAAP project application process. The project appl ication process for the eligible municipal corporations' applications shall include the following in the general sequence given. ( I ) The applicant shall prepare the project application to comply with the provisions of chapter 86'6 RC\\ and Ihis chapter. The application shall be made on a form furnished by WDOE. A complete application drill include the following: (a) A written description and cost estimate of the project: (b) A vicinity map and sketch to identify water bod.\ names, stream river mile. section .township range: (e) A general plan drawing of the project on an -.s I 2 z 11" or '8 1/2 x 14' sheet; and (d) A description of the proiccl benelts whisk de- scribe how the project will mitigate Ilotxl dantagc..onl describe development which est.l. on adtnsrol amt nearby lands which are polle0 .l h) the L"I10_ g s. m-us wvt -o tl 'FOP e x VAN S.l: ?t 71 Flood Control Assistance 173-145-120 (2) The applicant shall review the preliminary project following criteria shall be used regarding the FCAAP proposal with the county engineer, the Washington de• funding for all projects: partments of fisheries or game and the department of (1) The amount of FCAAP contributions for any natural resources and any affected Indian tribes. project shall not exceed fifty percent of the total project Ji (3) The applicant shall submit a prioritized list of construction cost. rP project applications to the county engineer. (v _) The total FCAAP contribution for all nonerner. _ (4) The county engineer shall submit a prioritized list gency projects in any county shall not exceed S5O0 SS(I(1.O ,0U(1 " of all project applications within the county to WDOE, per biennium. - ,, - (5) The county engineer shall furnish evidence to (3) $3.4 million per biennium will be obligated on a WDOE that the comprehensive flood control manage- priority basis for nonemergency projects. `- ' - ment plan described in WAC 173-145-040 is completed (4) Up to $500,000 per biennium will be funded on a - a or underway and the floodplain management activities priority basis by WDOE when determined that unused b - described in WAC 173-145-050 arc being implemented. emergency funds are available for nonemergency r. - _e ]Statutory Authority: Chapter 86.26 RCW. 85-14-002 projects. - n (Order DE 85-10), § 173-145-060, filed 6/21/85.] (5) Up to 5100,000 per biennium may be used for + WDOE administrative costs. IStatutory Authority: WAC 173-145-070 FCAAP project approval pro- Chapter 86.26 RCW. 85-14-002 (Order Dr, 85-10), § n. cess. The project approval process for the eligible mu- 173-145-090, filed 6/21/85-Jy nicipal corporations' applications shall include the following in the general sequence given. WAC 173-145-100 Emergency fund administration. (1) WDOE will review all projects for compliance The following criteria shall be the basis of allocating the r - with the requirements pursuant to this chapter and emergency fund moneys: 9 chapter 86.26 RCW. (1) Appropriations from the FCAAP fund for emcr- (2) WDOE shall consuh with the departments of gency projects will require the declaration of an emer. fisheries, game, and natural resources and any affected •,e - a y gency by the appropriate local authority. Indian tribes regarding the list of projects. (-) Application for emergency funds must be made on (3) WDOE will incorporate the prioritized list of eli- the same form used for non emergency fund applications. Bible projects into its biennial budget for funding. (3) Payment of FCAAP funds for emergency projects (4) WDOE shall prepare and finalize the written will be based on project construction costs. Flood fight- agreements with the counties. ing costs may be included. (5) The counties shall prepare and finalize the written (4) Payment from the emergency fund shall be allo- agreements with the involved eligible municipal corpora- sated on a first-come first-serve basis and shall not be $? h tions within the county. based on any priority- system. (6) The construction plans and specifications shall be (5) Emergency project grants shall be approved by the prepared by the applicant for approval by the county director of the department of ecology. I- i engineer prior to submission to WDOE for review of (6) The maximum amount of money allocated for a each project for compliance with all requirements. emergency projects shall be $500,000 per biennium. t (7) The applicant shall acquire the necessary federal. r_6+ - (7) At the discretion of WDOE, emergency fund, ?'uF state, and local permits or authorizations along with any may be made available for use on nonemergency project., , other permission required to complete the project. ]St:n- when future emergencies arc improbable. { d utory Authority: Chapter 86.26 RCN'. 85-14-002 (Or- ;. (8) The maximum amount initially available for any der DE 85-10), § 173-145-070, fled 6/21/85.1 one county is $150,000 per biennimn. If the total f 1`I ` i 5500,000 is not used by other counties, and emergency WAC 173-145-080 Priority or FCAAP projects. work exceeds 5150,000 in a county, the county can rev The priority given to projects by WDOE, the counties, quest additional emergency funds.' and other eligible municipal corporations shall involve (9) The flood control assistance account contribution consideration of the following criteria: shall not exceed eighty percent of the eligible project r (I) The public benefits from the project shall be com• cost of an emergency project. [Statutory Authority f, mensurate with the amount of FCAAP funds ranted 8 Chapter 86.26 RCN'. 85-14-002 (Order Uli 85 101. r for the project. Higher priorities will be given to those 173-145-100, filed 6/21/85.] projects which display greater public benefits as they re. Irate to the project cost. WA(' 173-W5-110 111ulli-scar projech. Apprmol (2) The noril p ' y given to the projects by WDOE shall for eligibilit) ' by N'DO[i will only be required once for a consider the priority which has already been established project which continues more than one bicnnnnn, but e" u } by each county. ]Statutory Authurily: Chapter 86.26 funding after the first biennium is subject to further tvk ` 1 RCW. 85-14-002 (Order DE 85-10 jtnr t :,q ` 6 § 17)-145-(1811, I-CAAI' appropriation by the Icpi+Lnuru ]tit-nutory } .l filed 6/21/85,1 Authority: Chapter 86.26 RC'N'. 8$ 14.002 10rdrr DP WAC' 173-145-090 Flood control assistance me. 85-1(11, § 173 145 11(1. fIn1 count contribution and project match requirement.. The WA(' 173-145-120 Work shoul,rrd+ for all I-( It It ( r I s Q v projects, All Nark which is funded Irom the Ilnod ammo "?., ?1Cp{ r, r ^? - t V 11 '? h h. I`1 tJC N 1f ...P ?I `' I 1 1. 4,{)? iA r_, ri I l} ?Iry i J t ' r f 1 , Y Y1RM'?' y sa 1 t r C r y?? t G3F ( w. I ? . ? ( r jr 15•b 4VVISRdk ?°?y ? t.. ? ?^v y t 9i r 4 J eff 1 1 arW j r I `? l ?, ` 3 y r r tr t A1n.j 7 ? ap¦¦? ?? ?_ rc' I N r/ - - 1I I I wYt I " par, tar - . 1, l ?y:J J} a 71 , Ft Miff . P ! ?? ? : 1 - C t ? rr r ?>a _ ;, `• A7 -"A i'r''0'6?•...r ?ad3..-. ?$:'k+ t?' aLLrv}dc4i ..J __ Y?o.'.?-?'ti?J ,5? - - . _y 173-145-120 Flood Control Assistance t assistance account shall conform to the standards and x specifications of the U.S. Army corps of Engineers, the tion Serv- il C S J t onserva o U.S. Department of Agriculture ice or the county engineer. [Statutory Authority: Chap- - sax X - ter 86.26 RCW. 85-14-002 (Order DE 85-10), § 173-- .. A v 145-120, filed 6/21/85.] WAC 173-145-130 Project construction monitor- ing. Following are the responsibilities and criteria for - project construction monitoring and final approval. r: (I) County engineer responsibilities. Associated with • responsibility for project plan approval and supervision of the project work, the county engineer shall provide ection to assure that all project work is conducted ins p and completed according to the construction plans and ' l specifications. (2) WDOE responsibilities. The department or ecol- , ogy shall monitor and inspect the project work as neces• : 5 sary to assure compliance with the terms of the .. g ,- Q appropriate written agreement. (3) Final inspection and approval. Upon completion of d b ll b h i n dA ,- A J e y e ma on s a the work, a final detailed inspect the county engineer along with representatives from ' - - WDOE and the applicant. Results of the final inspection i shall be displayed in a written report and, when appru• on as built' construction plans. These shall be priate , submitted to WDOE within thirty days after the final 26 86 C ra hapter . project inspection. [Statutory Authority: . j RCW. 85-14-002 (Order DE 85-10), § 173-145-130, filed 6/21/85.1 r + W'AC 173-145-140 Written agreements. Written g agreements will be prepared by WDOE as a means to { • _ ;r. reimburse eligible municipal corporations for work done • {_' ;r- on approved eligible projects. The dollar amount speci- lied in the written ,tgrecments shall not exceed the esti- mated cost(s) or the project(s) as displayed on the R project application(s). Billing and payment shall comply with the WDOE standard requirements for grants and a ) contracts. (Statutory Authority: Chapter 86.26 RCW. 85-14-002 (Order DE 85-10), § 173-145-.140. filed [ 6/21/85,) W'AC 173-145-150 Equipment rental. For noncan- } tractual work, the equipment rental rules for applicant " owned or remed equipment used on the project work ' t shall not exceed the miss determined in accordance with - ?t 7 .?., the state budget accounting and reporting system (BARS) or rates provided by the current FEMA rental ntf f ?xi:' rate structure. [Statutory Authority: Chapter 86.26 +?) P ly{ 1 y y ;_ RCW. 85-14-002 (Order DE 85-10). § 173-145- 150, s 1 r s filed 6/21/85.1 a m I( h, 17}-145 act'-P 41 ?r?rmtn B? d A ?. ? t\ 4 J t"r r . r Flood Control Assistance Account Program (FCAAP) Grant Agreement Between State of Washington Department of Ecology and Jefferson County THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT," and Jefferson County, hereinafter referred to as the "GRANTEE." GRANTEE'S legal address and telephone number: Jefferson County Department of Public Works Courthouse Port Townsend, WA 98368 Phone: (206) 385-3505 THE PURPOSE of this agreement is to provide funds to the GRANTEE from the ?'- DEPARTMENT to perform the work described in Appendix A pursuant to Chapter 86.26 RCW and Chapter 173-145 WAC, and to aid in fulfilling the DEPARTMENT'S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: A. DEPARTMENT'S PERFORMANCE The DEPARTMENT has found that the GRANTEE satisfies the applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC, and the requirements of the DEPARTMENT. Having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed the dollar amount specified in Appendix A (Budget Information) to the GRANTEE subject to the GRANTEE's agreement to carry out its terms and conditions. This agreement is to aid in the financing of the project described in the attached Appendix A. No additional payment shall be made under this = agreement except by written amendment. PAYMENT OF GRANT FUNDS TO GRANTEE 1. Payment for major project elements described in Appendix A will be disallowed when the GRANTEE's actual costs exceed that element's estimated total eligible cost by more than ten (10) percent without prior written approval. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT's share of the total eligible project cost. The DEPARTMENT's share shall not exceed fifty (50) percent of the total eligible project cost of $40,000 in cash, including Washington State Sales Tax, where applicable. J, A ? ?1 1 : i l v / ? ' ' r V? +? a ? r F t j ? y f i (p? ? , 2. Requests for payment of eligible funds will be submitted by the GRANTEE on state voucher request forms provided by the DEPARTMENT. Each voucher shall be submitted to the DEPARTMENT along with information which documents the work performed, activities undertaken, and the progress of the project. The voucher request form and supportive documents must itemize all allowable costs by major elements as described in Appendix A. A general guide- line for completion of the voucher request form and supportive documents is included in this agreement as Appendix B. Vouchers and supportive documents shall be submitted to: Department of Ecology Mail Stop PV-11 Olympia, WA 98504 Attention: Jerry Louthain 'r 3. Payment requests will be submitted at least quarterly and not - more often than monthly on a reimbursable basis. 4. All payments are conditioned upon submission to the DEPARTMENT of the above-mentioned itemized state voucher request form, r certified by the GRANTEE. All a ,. payments will be for delivery of materials and/or services performed within the effective dates of this agreement unless a written modification is obtained. 5. The DEPARTMENT shall reimburse the GRANTEE for fifty (50) per- cent of the total eligible project cost set forth in 'Dendix A except for the amount withheld as security for GRANTEE'S per- formance as specified in Section B.6. 6. Ten (10) percent of each reimbursement payment shall be withheld by the DEPARTMENT as security for GRANTEE's perform- ance. Monies withheld by the DEPARTMENT as security under the provisions of this paragraph will be paid to the GRANTEE when the project(s) described in Appendix A have been completed, or portions thereof approved according to this agreement. 7. When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 8. The GRANTEE shall submit final request(s) for compensation within thirty (30) days after satisfactory completion of the project specified in Appendix A. 9. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. -2- A r 1 `l^?, ;; r wig t } '--? C. EFFECTIVE DATE AND TIME FOR PERFORMANCE k The effective date of this grant agreement shall be July 1, 1985. Any work performed prior to the effective date of this agreement _ will be at the sole expense and risk of the GRANTEE. This agreement shall terminate on June 30, 1987. ??• D. KICKBACKS w ' ` The GRANTEE is prohibited from inducing by any means any person l as : . -a emp oyed in the construction, completion, or repair of public work to give up any part of the compensation to which he/she is otherwise entitled by Department of Labor regulations. ` ?- E. BIDDING The GRANTEE shall not advertise for bids for construction until r i - n receipt of written approval from the Contract Officer. Contracts for construction and purchase of equipment shall be awarded through a process of competitive bidding, if required by State law. No contract shall be awarded until approved in writing by the DEPART- MENT. The GRANTEE shall retain copies of all bids and contracts awarded for inspection and use by the DEPARTMENT. i - N, " F. CONVERSIONS _ The GRANTEE shall not at any time convert any equipment, property, - or facility acquired or developed pursuant to this agreement to uses other than those for which State assistance was originally approved - r without prior written approval of the DEPARTMENT. Such approval may r ' - s ? be conditioned upon payment to the DEPARTMENT of that proportion of f ti U„ the proceeds of the sale, lease, or other conversion, or encumbrance t which monies granted pursuant to this agreement bore to the original acquisition, purchase, or construction cost. G. TERMINATION Y}?. For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A notice shall be given at least five (5) days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. -3- ?u r vre a ? m? ,?,7vpr r qii a E Jh 1 1 ? .?'?a;???l" S ?r , F 4 .;e l - Notwithstanding the above, the GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the x DEPARTMENT because of any breach of agreement by the GRANTEE. ,.? . The DEPARTMENT may withhold payments for the purpose of setoff , until such time as the exact amount of damages due the DEPARTMENT i ??- • from the GRANTEE is determined. - 2. Insufficient Funds: The obligation of the DEPARTMENT to make - _ payments is contingent upon the availability of such funds ''. through legislative appropriation and State allotment. :,4 1 . ' H. RECOVERY OF PAYMENTS TO GRANTEE . i The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory completion of the project - % . described in Appendix A. In the event that the GRANTEE fails to g - ? perform any obligation required of it by this agreement, and does _ _ not complete the project described in Appendix A, the GRANTEE shall - repay to the DEPARTMENT all grant funds disbursed to the GRANTEE. A,r In addition, the GRANTEE shall pay interest on the amount of out- _ standing funds disbursed computed at 12 percent per annum. Interest shall accrue from the time the DEPARTMENT demands repayment of funds. Any property acquired under this agreement, at the option of the -- DEPARTMENT, may become the DEPARTMENT's property and the GRANTEE's `-; liability to repay monies shall be reduced by an amount reflecting the fair value of any such property. - ?'- k I. COMPLIANCE WITH APPLICABLE LAWS, AND REGULATIONS w?- I. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits, such as, but not limited to, compliance with State Environmental Policy Act, Shoreline Management Act, and the State Flood Control Zone Act. Plans and specifications approved by the County Engineer must be submitted to the DEPARTMENT for approval in consulta- tion with the departments of Fisheries and Game. Prior to construction, the GRANTEE shall secure the necessary permits required by authorities having jurisdiction over the project, provide assurance that all permits have been secured, and make copies available to the DEPARTMENT if requested. 2. Discrimination, Labor, and Job Safety - The GRANTEE shall fully comply with all applicable federal, state, and local laws, and regulations related to discrimination, labor, and job safety. Further, the GRANTEE shall affirmatively support the State Minority and Women Owned Businesses policies. 3. Industrial Insurance - The GRANTEE certifies full compliance with all state industrial insurance laws where applicable. If the GRANTEE fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section H.I., herein. -4- ?Ij(s??sG 4 - ? ? f 1 4 y,r 1 ?? "? S f Y 1 1? l ,? 1. r r 1 F' Fib J I ,q f -' 1 1 ' ? ? 1 I l ? x 'L .,' 727 ?yr ............._....... «..-«m..?u.....:..w-.r. _ _.. :. _ :,. R_.: -? r. .., :. ,...,. _ v...e'.r... ..a ' i. ..c - : ..?1?.r.?. _ r e- li... r:u?•. .. J. INDEMNIFICATION = 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other overhead costs related to the project described herein, except as provided in Appendix B. 2. To the extent the Constitution and Laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENT from any claim of liability arising out of the project described in this agreement, or from operation of the facilities or equipment obtained. K. CONTRACT OFFICER . 1. The extent and character of all work and services to be performed by the GRANTEE shall be subject to the review and approval of - the DEPARTMENT through the Contract Officer to whom the GRANTEE shall report and be responsible. In the event that there h ll s a a be any dispute with regard to the extent and character of the - work to be done, the determination of the Contract Officer as - to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to appeal as provided for - below. 2. For the purpose of this agreement, the Contract Officer shall be Jerry Louthain unless otherwise changed in writing by the Assistant Director of the Office of Water and Land Resources. L. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Contract Officer, who shall provide a written statement of decision to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such statement, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPART- MENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative for the determination of such appeals, shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Chapter 43.216 RCW. Pending final decision of a dispute hereunder, the GRANTEE shall proceed diligently with the performance of the agreement and in accordance with the decision rendered. -5- 9 7 M. AUDITS AND INSPECTIONS 1. The GRANTEE shall maintain complete program and financial records relating to the construction or purchases of equipment financed in part by this agreement. Engineering documentation - and field inspection reports of all construction work accomp- ` _ lished with this agreement shall be maintained by the GRANTEE. : t= Such records shall clearly indicate total receipts and expendi- tures by fund source and object classification. All records shall be available to the DEPARTMENT for such use as the DEPARTMENT sees fit. f ';. 2. Engineering documentation of construction, and all financial , records prepared by the GRANTEE shall be open for audit or udit d i -,;, a ze inspection by the DEPARTMENT or by any duly author _ representative for a period of at least three years after the final grant payment or any dispute hereunder; and in the event any such audits determine discrepancies in the financial r d ` records adjustments and/or clarification shall be made j accordingly. 3. All work performed under this agreement and any equipment ? - purchased, shall be made available to the DEPARTMENT and to any authorized State, Federal, or local representative for f inspection at any time during the course of this agreement ' and for at least three years thereafter, or following any < { ' dispute thereunder. 4. The GRANTEE shall keep all records in a manner which will s provide an audit trail to the expenditures for which State support is provided, and all records shall be kept in a common file so as to facilitate audits and inspections. 7. A I N. MISCELLANEOUS PROVISIONS 1. Copyrights and Patents: When the GRANTEE creates any copyrightable material(s), or invents any patentable property, the GRANTEE may copyright or patent the same, but the DEPART- MENT retains a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property and to authorize others to use the same for Federal, State, or local governmental purposes. 2. Tangible Property Rights: The DEPARTMENT's current edition of "Financial Guidelines for Grants Management," Ch. 4, shall control the utilization and disposition of all real and personal property purchased wholly - -. part with funds furnished by the DEPARTMENT in the absence of State/Federal statute(s), regulation(s), or policy(s) to the contrary. - 6-w "?" f r lpa ;fir « V-' Pa prtir^'° ? ?r=aC vw?' ?', ° E? * n, dF x ? i 1 f I4 4 ? I ti 1 a T • 3. Conflict of Interest: No officer, member, agent, or employee of either party to this agreement who exercises any function _ or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, . partnership or association in which he/she is, directly or . indirectly interested; nor shall he/she' have any personal or - J& pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 4. Assignments: No right or claim of the GRANTEE arising under + this agreement shall be transferred or assigned by the GRANTEE. 5. Waiver: Waiver of any GRANTEE default is not a waiver of any ' subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. _ 6. Subgrantee Compliance: The GRANTEE is responsible for ensuring - that all subgrantees, contractors, etc., comply with the terms of this agreement. 0. ALL WRITINGS CONTAINED HEREIN _ This agreement, appendices, and the DEPARTMENT's current edition of "Financial Guidelines for Grants Management" contain the entire understanding between the parties, and there are no other under- standings or representations set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the GRANTEE and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation to change of Contract Officer as set forth in Section K the DEPARTMENT may modify or amend this agreement without the signature of the GRANTEE. -7- + dJ ?1'q"irtY?u r a B r ' IN r' r qpv? G ? y ' i C P ? + ? l 11 t E +. A G ? ? ' e e f, Y e ? ? j ; 71 ?f + : ? F STATE OF WASHINGTON DEPARTMENT OF ECOLOGY GRANTEE DATE DATE ASSISTANT DEPUTY DIRECTOR GRANTEE TITLE DEPARTMENT OF ECOLOGY _ ORGANIZATION Approved as to form this day of , 19_. ASSISTANT ATTORNEY GENERAL Grant No. Accounting Data -8- .- APPENDIX A SPECIAL CONDITIONS Design/Construction. This project will be designed and constructed in ?«^+, accordance with applicable provisions of Chapter 86.26 RCW and Chapter 173-145 WAC. The construction shall conform to the plans and specifi- cations approved by the DEPARTMENT. Payments toward construction will not be made until the plans and specifications have been approved by the DEPARTMENT. Construction Schedule. Within thirty (30) days after the award of the construction contract, the GRANTEE will submit to the DEPARTMENT a copy of the actual construction schedule, by month, for the entire construc tion period. A-1 r AP PENDIX A PROJECT DESCRIPTION " MUNICIPAL CORPORATION (Applicant) Jefferson County 7 GRANTEE Name: Jefferson County Project Title: Project Description: This project consists of r s Project Completion Date:, Estimated Costs for Eligible Work Items Work Item Unit uantit Unit Cost Cost Total A-2 l Y;; ?'y? n„ at ?+ i?y? y m , .Ia4 r, 9 ? i Cm ' ? t4 rP! a 1 1 APPENDIX A BUDGET INFORMATION MAJOR PROJECT ELEMENTS Estimated Eligible Cost 1. Work Items 2. Inspection fee 3. Equipment rental 4. Miscellaneous TOTAL ESTIMATED ELIGIBLE PROJECT COST A-3 r9b rN.404 ,a N, M 414 ' "'E ? C1 Th '17 a A J ? j l? 1 1 ? ?? ? 4u` ??+ r t N r t y? 4 1 j I ; Y ` r ? ? Y ,? r j?„' in ?WWWJ? ?.? C ?H a 1 k (?d? v 5 ? 1 ~ ? 1 ` f Y} ?J S 1 1 ? ? 1 1 ?1 ?v b '? N 1 t g ?? y T; t 1 ,1 ( h f `I} 1? ?: . I?r a , h , ??Y ? 1 .'i 1 1 t. n ?d Appendix B s Flood Control Assistance Account Project Grant Agreement GUIDELINE: SUBMISSION OF A19-1 VOUCHER AND SUPPORTIVE DOCUMENTS The purpose of this appendix is to assist the CONTRACTOR/ GRANTEE in determining allowable items of cost. If the CONTRACTOR/ GRANTEE fails to name an item of cost in the request for payment, this does not imply it is either allowable or unallowable; rather, determination of allowability shall be based upon the treatment of similar or related items of cost. 1. Factors Allowing Cost In order to be allowable, costs must: a. Be necessary and reasonable and not be a general expense, b. Not be prohibited by any laws or regulations, c. Conform to any cost limitations or exclusions, T'3 d. Be consistent with state and federal (when applicable) policies, regulations and procedures, - - e. Be given consistent treatment through uniform accounting _ principles, f. Not be allocated to or included as a cost of any other - state/federally financed program, past, or present, g. Be net of all allowable credits. 2. Certification To assure expenditures are proper, vouchers requesting payment must be r certified by the CONTRACTOR/ GRANTEE. Form A19-1 has a certification provision which must be signed by the CONTRACTOR/GRANTEE or its authorized representative before payment will be allowed. 3. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost, received by or accruing to the CONTRACTOR/ GRANTEE, must be credited to the DEPARTMENT, either as a cost reduction, or by cash refund, as appropriate. 4. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimbursements for unforeseen expenditures may be made only with the prior written approval of the DEPARTMENT. S. Allowable Expenditures No request for payment will be honored for those expenditures incurred before the commencement date of the agreement, or after termination of such agreement, unless otherwise agreed upon in writing. B-1 6. Contract Provisions Controlling Where any discrepancies between the specific provisions of the agreement and the applicable cost principles arise, the agreement provisions shall apply. The DEPARTMENT will not provide reimbursement in excess of the DEPARTMENT'S share of the total eligible project cost. 7. Phone Number The CONTRACTOR/ GRANTEE must include his business phone number along with the documents requesting payment to expedite processing should questions arise. 8. Instructions - Form A19-1 Specific instructions for filling out the A19-1 voucher and supportive documents are found in "Financial Guidelines for Grants ManagementL Chapter 6, published by the Washington State Department of Ecology ' (WDOE). A copy of this text is available from the DEPARTMENT and is furnished with the Pre-Application package. 9. Cost Object Breakdown The documents supporting each request for payment must have a brief concise breakdown of each cost object under the agreement, along with a brief explanation for the charges. 10. Allowable Costs Generally, whether costs are allowable depends upon cost principles applicable to the particular project agreement. However, certain costs are commonly allowed. These include: advertising compensation for personal services construction inspection depreciation and use allowances employee fringe benefits employee morale, health and welfare maintenance and repair materials and supplies taxes transportation travel related directly to this grant Employee benefits in the form of regular compensation paid to employees" during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave, and the like, if they are: (1) provided pursuant to an approved leave system, and (2) the cost thereof is equitably allocated to all. related activities, including grant programs. B-2 fiS I•N". i .? t _ Employee benefits in the form of employers' contribution or ex f a' penses or social security, employees' life and health insurance plans, unemployment insurance coverage, workmen's compensation insurance, pension plans, severance pay, and the like, provided such benefits are granted under - approved plans and are distributed equitably to grant programs and to r other activities. Where any questions involving allowability of costs arise, the ' DEPARTMENT contracts officer should be consulted; otherwise, certain costs b di ll may e sa owed, 11. Payroll and Distribution of Time •- Amounts charged for personal service, regardless of whether treated as ' ,• direct or indirect costs, will be based on payrolls documented and % ' ; approved in accordance with the generally accepted practice of the state ? i ? or local agency. Payrolls must be supported by time and attendance or , - equivalent records for individual employees. Salaries and wages of employees chargeable to more than one cost objective must be supported r - by appropriate time distribution records. The method used should produce an equitable distribution of time and effort. Such time records must be _ certified by the project director. Such certified records are the only - allowable source document for charging and reporting personnel expendi- tures. 12. Costs Allowable With Prior Written Approval Certain costs require prior written approval of the DEPARTMENT Costs . requiring prior approval include indirect costs, some direct costs such as e ui i i` q pment, nsurance and indemnification, and preagreement costs. Again, reference to cost principles and consultation with DEPARTMENT . officials should eliminate any questions and possible rejection 'of .t incurred costs. ' 13. Unallowable Costs . K Y ? u.. i `? Certain costs are commonly disallowed. These unallowable costs include: • bad debts contingencies contributions and donations ' ?" a•c S "+. r entertainment fines and penalties u;! f,r interest and other financial costs • project planning work 7<'s r a project design work d ? 4w - un errecovery of costs under grant agreements " a r See Section XI, D.3., Financial Guidelines For Grants " Management O i { ??l nce aga n, whether a cost is unallowable depends upon the applicable b ,r -? ?wt cost principles to the agreement. Failure to clarify any question _ whether a cost is unallowable or allowable may result in its disallow- ance by the DEPARTMENT. R-3 ? 3s le f Adh A19-X INVOICE VOUCHER •oe"oreo. •"oc?nowcooe "`` a AGENCY NAME „ iy." INSTRUCTIONS TO VENDOR OR CLAIMANT: Sobm/f IMs loan M !rlylleele fo dlelm peymwll la mellrie/e, melchendlee o I .erv/ns. Show comylele defell for eeoh Jim or 1 Yendw'. C•Ntleµ•, I hereby c•rllfy under penally of -- Ihel IM rp r VENDOR OR CLAIMANT (Warrant is lobe a able fo1 11•me end lolae ueled n•nin en wda•r cmro•e mr me1•rule. mw• .> eheMlee or urekee Iwnlen•d to IM 61e1e of Weenlnpldo eM Inei.11 ^y Goode luml•hed anal. -1- r•nder•d here b••n prodded em - dbnlmN.non on 1l . omudd. of nd•. nud. color, nelionel oripm. N•, - 1 ` wµ1•. G' 1. . ?i Lit } BY tslcnwwlo L c c 9 . O u C a I-- 0 U U ¢ LU U z ¢ V) H V .a O a z O v 0 g .a w { pff u.e fnFY1,3rIM / S WIMP, 7 ? 1 ? 1 jy f+t ? ? i ? In 1 " r 1 F ?? 1 'PI r _ t F a, too r r^ Q j ?,r s?' ?F . N r9 ?l\ too A., ? ? Rf u •t ??1'i ?t u {y '1"S i fir J 1 J?yn??: f ? 1 +Zt I F I, 9'hr C? ?+ {f 4 ?t t 1 I i j ry i i ? r top ? ,S rt l ? ?ti f E?tk 't ?r5?tirk>fr yea 'M, - , ,i "?1?, ? r'• k it t. ' i a ATTAC}LMENT "A" BRINNON FLOOD CONTROL SUB-ZONE DISTRICT REVENUES 308.00.00 BEGIN14ING FUND BALANCE $ 200.00 343.13.00 FLOOD CONTROL FEES 3,175.00 TOTAL $3,375.00 EXPENDITURES 532.00.41 PROFESSIONAL SERVICES TOTAL $3,375.00 $3,375.00 Y k '?q+y r i } `f s ?? Rz ' +? .z t hj? , ?xw ' .?sa) l k i ? ? 4 eU x ATTACHMENT "A" + BRINNON FLOOD CONTROL SUB-ZONE DI STRICT 1 REVENUES 308.00.00 BEGINNING FUND BALANCE $ 200.00 343.13.00 FLOOD CONTROL FEES 3,175.00 TOTAL $3,375.00 ,mss , ' EXPENDITURES , rw - 532.00.41 PROFESSIONAL SERVICES $3,375.00 ' _ TOTAL $3,375.00 air!{ rdnp rye: _•, F 4 Z 8¢ 'f ? . ?5 SIX, ATTACHMENT "A" 4 I. ! a H r ?r r . a s ; s 'Fi BRINNON FLOOD CONTROL SUB-ZONE DISTRICT REVENUES 308.00.00 BEGINNING FUND BALANCE $ 200.00 343.13.00 FLOOD CONTROL FEES 3,175.00 TOTAL $3,375.00 " EXPENDITURES 532.00.41 PROFESSIONAL SERVICES $3,375.00 1 TOTAL $3,375.00 41 ATTACHMENT "A" 4 QUILCENE FLOOD CONTROL SUB-ZONE DISTRICT REVENUES 308.00.00 BEGINNING FUND BALANCE $ 200.00 343.13.00 FLOOD CONTROL FEES 4,360.00 TOTAL $4,560.00 EXPENDITURES 532.00.41 PROFESSIONAL SERVICES $4,560.00 TOTAL $4,560.00 ? .dry r 4 k ??h ? ' I I J :. l L ' A i ? i ti r' ?t t ,Sa ? i y. 4 ATTACHMENT "A" QUILCENE FLOOD CONTROL SUB-ZONE DISTRICT REVENUES 308.00.00 BEGINNING FUND BALANCE $ 200.00 343.13.00 FLOOD CONTROL FEES 4,360.00 TOTAL $4,560.00 EXPENDITURES 532.00.41 PROFESSIONAL SERVICES $4,560.00 TOTAL $4,560.00 t C? El• 3 Y f ? f+??.W' 4* Y•1`1+'? Wp JU {?!,? ?Yl 1*ry Y+v ?? ?I1Y1W ??' If47 Y?I[t]'y? ? t v/?iy r ? I 1{ ? dJ }+ J 1 ? { ? 1 A t t 1: I ?? k / ry p! ' l.? f a L t y ?* i , ?al mil t ATTACHMENT "A" ?sw QUILCENE FLOOD CONTROL SUB-ZONE DISTRICT I ? REVENUES 308.00.00 BEGINNING FUND BALANCE $ 200.00 343.13.00 FLOOD CONTROL FEES 4,360.00 TOTAL $4,560.00 ?i EXPENDITURES r? 532.00.41 PROFESSIONAL SERVICES $4,560.00 TOTAL $4,560.00 5 I. l a„ ? • r a L9 6' w C m ;? ??_ ??-r•? _ .V and ?;,& . rs: G.C'P /5 7 /9r7 Li f?oori' Co??ro? K .< { ALI: a? A: a ?I r - 7df;x8 . . I F I t ? I y U 41: ? v 47 .r, ? awF' . f ??V I iC r + j ?jjf? ? ,1 ?1(Y 1 ? t 1 1 ? M b •.Y 1 Y. i y?y f? t1fT ry bMM 1 tij I ?? ?t ? S 1? ? c r LL ') f 4'f .Z ?1 i;V N'.".'IRrF"1C`Yyll'?"f t•,r?7- M i,Jm?':-ru r ') Y' 1!?Wr"'rrl ti?iZ '11] ?1? ? rt q, ?????? ,f em Y 4 ?°( '? IKI J???.4kn'Ir 4 ?+: °b'b?l ,A',= ? #?tt Y 1 1 -4 f r ` 4! 1 rAr{? t.t A - ,r 1 { I vl T t ? t E ;.. 11a J ui?li ?4[ 41 "?2 . ? ? n t e y r YL u!l, 1 L? The director of the department of public works or his or her designee. D. Impervious Surface. A hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development, Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. E. Land Use Code. The type of development on a specific parcel of land as identified by records maintained by the King County department of assessments as modified or supplemented by information resulting from investi- gation by the surface and storm water management utility. Land use codes are indicators of the extent of impervious surface and are used to determine rate categories. "Service station," "single-family home,' and "shopping center" are examples of land use codes. INTRODUCED BY PROPOSED NO. ORDINANCE NO. AN ORDINANCE establishing rates and charges for surface and storm water management in King County; replacing the Surface Water Manage- ment Division with the Surface Water Management Utility, amending Ordinance 1438 subsection 3(a) as amended and K.C.C. 2.16.040; and providing for appeal of service charges to the Zoning and Sub- division Examiner, amending Ordinance 4461 Section 2 as amended and K.C.C. 20.24.080. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Definitions. A. Basin Plan. The plan adopted by ordinance for managing surface and storm water management facilities and features within individual drainage basins. B. Developed Parcel. Any parcel altered from the natural state by the construction, creation or addition of impervious surfaces. Maintenance. The act or process of cleaning, repairing or pre- -1- w 111 serving a system, unit, facility, structure or piece of equipment. 2 G. Open Space. Any parcel,. property or portion thereof classified fo 3 current use taxation under the provisions of King County Code 20.36 and Chapter 4 84.34 RCW, or for which the development rights have been sold to King County 5 under the provisions of King County ordinance no. 4341. This definition in- 6 cludes lands which have been classified as open space, agricultural or timber 7 lands under criteria contained in King County Code 20.36 and Chapter 84.34 RCW. 8 H. Parcel. The smallest separately segregated unit or plot of land S having an identified owner, boundaries, and surface area which is documented fo 10 property tax purposes and given a tax lot number by the King County assessor. 11 I. Person. Person shall be construed to include any individual, firm 12 company, association, corporation or governmental agency. 13 J. Rate Category. The classification in this ordinance given to a 14 parcel in the service area based upon the type of land use on the parcel and the 15 perce4tage of impervious surface area contained on the parcel. 16 K. Retention/Detention Facilities. Facilities designed either to hol 17 runoff for a short period of time and then release it to the natural watercours 18 or to hold water for a considerable length of time and disperse it by evapor- 19 ation, plant absorption or infiltration into the ground. 20 L. Residence. A building or structure or portion thereof, designed 21 for and used to provide a place of abode for human beings. The term residence .I 22 includes the term "residential" or "residential unit" as referring to the type 23 of or intended use of a building or structure. 24 M. Residential Parcel. Any parcel which contains one, two or three 25 residences or residential units which are within a single structure and is used 26 primarily for residential purposes. 27 N. Service Area. The area shown on Exhibit A - service area map whip 28 + shows the drainage basins or portions thereof that comprise the service area, t 29I? and which is incorporated by reference herein. 301E 0. Storm Water Control Facilities. Any facility improvement, develop. 31 ment, property or interest therein, made, constructed or acquired for the pur- I 32I? pose of controlling, or protecting life or property from any storm, waste, floo -2- e N?'I`t I I 1 r ? h4 fkt, $? if I I '?? I .y .?t , r _ 1 ? ? C tl i ? - ?e q 5 6 7 8 9 10 11 12 13 14 15 16 17i 18 19 20 21 22 23 24 25 26 27 28 29 ! 30 ! 31 32 or'surplus waters. P. Surface and Storm Water Management System. The surface and storm water management system is comprised of storm water control facilities and any other natural features which store, control, treat and/or convey surface and storm water. Q. Undeveloped Parcel. Any parcel which has not been altered from it natural state by the construction, creation, or addition of impervious surfaces R. Utility. The King County surface water management utility. SECTION 2. Authority. A. There is hereby created and established the surface and storm water management utility of King County which is responsible for administering the provisions of this ordinance. 8. The utility herein created shall be administered by the King County department of public works. C. Right of Entry. Whenever necessary to examine the property character istics of a particular parcel for the determination of rates and charges, the director or his/her designee may enter any property or portion thereof at reasoi able times in compliance with the following procedures: 1. If such property or portion thereof is occupied, the director or his/her designee shall present identification credentials, state the reason for entry and request entry. 2. If such property or portion thereof is unoccupied, the director or his/her designee shall first make a reasonable effort to locate the owner or other persons having charge or control of the property or portion thereof and request entry. 3. Unless entry is consented to by the owner or person in control of an property or portion thereof, the director or his/her designee, prior to entry, shall obtain a search warrant as authorized by the laws of the State of Washington. SECTION 3. Ordinance 1438, Subsection 3(a) as amended and K.C.C. 20.24.080 (4) is hereby amended to read as follows: Surface Water management ((9*vts4en)) Utility. The -3- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 .32 functions of the ((&Y"i eR)) utility include: a. Regulate surface water runoff associated with construction or land development. .b. Implement programs and standards that regulate drainage. C. Provide and implement a flood warning system. d. Regulate the installation and regular maintenance of all retention/ detention facilities, as required by law. e. Review all permit applications involving drainage regulation. f. Within available resources, maintain major river channels and storm drainage systems as deemed necessary to minimize county liability from flooding Administer the system of storm drainage control rates and service charges. SECTION 4. Purpose. The purpose of the rates and charges established herein is to provide a method for payment of all or any part of the cost and expense of maintaining and operating storm water control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, on to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose. These rates and charges are necessary ii order to promote the public health, safety and welfare by minimizing uncon- trolled storm water and sedimentation, to preserve and utilize the many values of the county's natural drainage system including open space, fish and wildlife habitat, recreation, education and urban separation and drainage and erosion control facilities, and to provide for the comprehensive management and administration of surface and storm water. SECTION 5. Applicability. A. Developed parcels within the service area shall be billed each year for storm water control facilities service charges pursuant to RCW 36.89.080 beginning in 1986. Service charges shall be imposed on developed parcels lyin5 within cities and towns when such charges have been provided for by interlocal agreements between the county and such cities or towns. B. The service area is that area shown on Exhibit A - service area map A. a i 5 't i? 3 C. The service area may be modified in accordance with policy contained 4 in Section 6G. Modifications to the service area shall be by ordinance. 5 SECTION 6. Policy. 6 A. Developed Properties. It is the finding of the county that 7 developed properties contribute to an increase in surface and storm water runoff f rf 6 to the surface and storm water management system. This increase in surface and 9 storm water runoff results in the need to establish rate and charges to finance 10 the county's activities in storm and surface water management. Developed 11 properties shall be subject to the rates and charges of the utility based on 12 their contribution to increased runoff. The factors to be used to determine th 13 degree of increased surface and storm water runoff to the surface and stormwate 14 management system from a particular parcel shall be the percentage of impervious 15 surface coverage on the property and the total acreage of the parcel. 16 B. Undeveloped Properties. It is the finding of the county that un- developed parcels do not contribute to an increase in surface and storm water 16 runoff to the surface and storm water management system. Undeveloped propertie ?$v shall be exempt from the rates and charges of the utility. b 20 C. Storm Water Control Facilities. It is the finding of the county 21 that privately owned and maintained storm water control facilities mitigate the 22 increased runoff contribution of developed parcels by providing on-site drainag 23 control. Parcels served by storm water control facilities which were required r W' 24 for development of the parcel pursuant to King County code 20.50 and approved b r?µ 25 King County should receive a discount from the rates and charges of the utility 26 provided that, the facility is maintained at the parcel owner's expense to the 27 standard established by the county. Properties which contain a stream, creek, g 26 ; lake, pond or wetland that has been identified in an adopted basin plan as an 4 29 important storm water control facility shall receive a discount from the rates 30 and charges of the utility, provided that the facility is maintained at the t r<?.f h 31?I parcel owner's expense to the standard required by the department of public t'' t 32 1 works. ?i w V+s -5- v .t ?? }?,y? 9!"?4'S'P?kR!eha d2? 61i.?bh$? tsanh ....4? ?? ?. luny, 'd, I ?? 4 ?r 1 2 3 4 5 6 7 a 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 . 30 31 32 October 3, 1984 D. Open Space. It is a finding of the county that open space proper- ties provide a benefit to the surface and storm water management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property in the undeveloped state. E. Residential Parcels. It is a finding of the county that the major. ity of the parcels in the service area are residential. The variance between residential parcels in parcel size and percentage of impervious surface coverag, is found to be minor and to reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each residential parcel and maintaining accurate information would be very high. A flat charge for residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in total parcel size and total impervious surface coverage between residential parcels. Therefore, residential parcels shall be charged a flat charge based upon the average parcel size and average percentage of impervious surfaces. F. Very Lightly Developed Parcels. It is a finding of the county that very lightly developed non-residential parcels which have an impervious surface coverage under 10% of the total parcel acreage are characterized by a very low intensity of development and generally a large number of acres. A greater number of acres of undeveloped land associated with an impervious surface results in significantly less impact to the surface and storm water management system. Many of the very lightly developed properties are recreational, agricultural and timber lands identified in the King County comprehensive plan which should be encouraged to retain their low intensity of development. These parcels shall be charged a flat rate which will encourage the retention of large areas of undeveloped land. G. Lightly to Very Heavily Developed Parcels. It is the finding of the county that light to very heavy developed non-residential parcels which hay an impervious surface coverage between loo to 100% have a substantial impact or the surface and storm water management system. The impact of these parcels to -6- a: J ., • -1 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31j 3211 i tr;i ;F r? r t F.^u^ r October 3, 1964 L • 0 R A? F I the surface and storm water management system increases with the size of the parcel. Therefore, light to very high properties shall be charged a rate determined by the percent of impervious surface coverage multipled by the parce acreage, with a minimum service charge to these of $34.27/parcel/year. H. Road Systems. It is a finding of the county that county and state roads contribute a significant amount of increased runoff to the surface and storm water management system, which contributes to the need for basin planning storm drainage control facilities and other related services. Both the county roads and state highway programs provide substantial programs for the construc- tion and maintenance of storm drainage control facilities, and the roads system and their associated storm drainage facilities serve as an integral part of the surface and storm water management system. The rate charged county roads and state highways shall reflect the benefit which county roads and state highway facilities provide to the surface and storm water management system and there- fore will exclude any system costs associated with capital improvements, on-sit retention/detention facility maintenance, and development permit review of pri- vate projects. The percentage of impervious surface coverage for county roads and state highways shall be calculated by dividing average width of roadway by the average width of the right of way. The service charge shall be determined by multiplying the acres of road and highway right of way within the service area times the rate per acre identified in section 7C. The rate for state highways is higher than the rate for county roads due to the proportionally greater percentage of impervious surface coverage within the right of way for state highways. I. Service Charge Revenues. It is the finding of the county that comprehensive management of surface and storm water runoff must include antici- pation of future growth and development in the design and improvement of the surface and storm water management system. Service charge revenue needs shall be based upon the present and future requirements of the surface and storm water management system, and these needs shall be considered when determining the I rates and charges of zhe utility. J. Basin Plans. It is the finding of the county that basin plans are, -7- yu?? . r I ? ' ,1 f?1 FN ` "YJ1?'J .? 'Y'NdY.'d Ma 11, -? 'NazM£??l;l _741 IM11 77 all I. October 3, 1984 : 4 9 1 essential to establishing a comprehensive approach to a capital improvement pro- f 2 gram, maintenance of facilities and regulation of new developmentt. A pla n 3 should analyze the measures needed to control surface and storm water runoff 4 which results from existing and anticipated development within the basin. The 5 measures investigated to control runoff should include land use regulation as well as the use of drainage control facilities. A plan also should recommend 7 the quantity and quality runoff control measures required to further the a 8 purposes set forth in Section 4, and community goals. The institutional and 9 funding requirements for plan implementation should be identified in the plan. v 10 K. Service Area. It is the finding of the county that areas design- 11 ated for urban development require comprehensive management of surface and stor 12 water. The service area shall include any drainage basin or portion thereof ] 13 within unincorporated King County in which a significant area has been designat 14 ed for urban development by the King County comprehensive plan, its supplements 15 and revisions and community and middle plans, as specified in King County code 16 chapter 20.12. { 17 SECTION 7. Rate Structure. „ f 18 A. The service charges shall be based on the relative contribution of 19 increased surface and storm water runoff from a given parcel to the surface and 20 storm water management system. The percentage of impervious surfaces on the 21 parcel and the total parcel acreage will be used to indicate the relative contr - ja7 22 bution of increased surface and storm water runoff from the parcel to the sur- P3 face and storm water management system. The relative contribution of increased ' 24 s share surface and storm water runoff from each parcel determines that parcel 26 of the service charge revenue needs. The service charge revenue needs of the a4k?y ,q 26 Utility are based upon all or any part, as determined by the Council, of the 27 cost and expense within the service area of maintaining and operating storm µ a; 28 water control facilities, all or any part of the cost and expense of planning, 29 designing, establishing, acquiring, developing, constructing, and improving any 30 of such facilities, or to pay or secure the payment of all or any portion of an 31 issue of general obligation or revenue bonds issued for such purpose. 32 I) B. The Utility shall determine the service charge for each parcel withi -8- nr ' , C October 3, 1984 r I the service area by the following methodology. Residential and very light "r ` 2 non-residential parcels shall receive a flat rate service charge for the reason l' 3 set forth in Section 6 herein. Parcels shall be classified into the appropriat 4 rate category in subsection C of the section by their percentage of impervious 5 surface coverage. Land use codes and data collected from parcel investigations e g will be used to determine each parcel's percentage of impervious surface cover- 7 age. After a parcel has been assigned to the appropriate rate category, the 8 service charge for the parcel will be calculated by multiplying the total acre -- 9 age of the parcel times the rate for that category. " a 10 C. There is hereby imposed upon all developed properties in the service L? area annual service charges as follows: 12 Class Impervious Surface Percentage Rate .A 13 Residential (R) * NA $34.27/parcel/year-" iq Very Light (VL) 70 10% $34.27/parcel/year 15 Light (L) ** 110 - 20% $80.00/acre/year 16 Moderate (M) ** >20 - 45% $166.00/acre/year Y 17 Moderately Heavy (MH) ** >45 - 65% 5320.00/acre/year ?g Heavy (H) ** >65 - 85% $406.00/acre/year ig Very Heavy (VH) ** >85 - 100% $531.00/acre/year a t 20 County Roads NA $78.93/acre/year .? r „. rk 7 27 State Highways NA $100.14/acre/year 22 Parcel is owned by and is the personal residence of a person or persons i„ 23 determined by the county assessor as qualified for a low income senior citizen ? ` 24 property tax exemption under RCW 84.36.381, then the parcel shall be exempt fro gyp' r G 25 the service charge. +t 26 ** The minimum service charge shalt be $34.27/parcel/year. a p 5 27 D. An additional flat rate charge of $5.55 per year will be added to .? ) 28 each service charge bill to pay for the operation of the billing system. " 29 E. The King County council by ordinance may supplement or alter charges 30 within specific basins and sub-basins of the service area so as to charge pro- t 31 perties or parcels of one basin or sub-basin for improvements, studies, or 32 maintenance which the council deems to provide service or benefit the property g sY -9- i i. . c7`- i October 3, 1984 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 owners of one or more basin(s) or sub-basin(s). SECTION B. Rate Adjustments and Appeals. A. Any person receiving a billing statement for service charges may fil a "Request for Rate Adjustment" with the utility within one year of the date from which the bill was sent. However, filing of such a request does not exten the period for payment of the charge. B. Requests for rate adjustment may be granted by the director only when: 1. The parcel is owned and is the personal residence of a person or persons determined by the county assessor as qualified for a low income senior citizen property tax exemption authorized under RCW 84.36.381; parcels qualify- ing hereunder shall be exempt from charges imposed in section 7; OR 2. The acreage of the parcel charged is in error; OR 3. The parcel is non-residential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the utility; OR 4. The parcel is non-residential and parcel meets the definition of open space in section 1 of this ordinance; property qualifying hereunder will b charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage; OR 5. The parcel is served by one or more privately owned retention/deten pion facilities required pursuant to the provisions of King County Code 20.50, and maintained at the expense of the parcel owner to the standards required by the department of public works; non-residential parcels except in the light rat category qualifying hereunder shall be charged at the rate of one lower rate category than it is classified by its percentage of impervious surface coverage. Non-residential parcels in the light category qualifying hereunder shall be charged at the rate of 531.43/acres/year. Residential parcels and parcels in the very light category qualifying hereunder shall be charged S20/1)arcel/year. 6. A parcel contains a stream, creek, lake, pond or wetland that has been identified in an adopted drainage basin plan as an important storm water control facility provided that the parcel owner provides annual maintenance to 3, J1 3211 -10- .y t ? R A,? October 3, 1984 the standard required by the department of public works. Parcels qualifying 2 hereunder shall be granted a discount in the manner set forth in subsection 4 0 3 this section. However, parcels qualifying under subsection 5 and 6 of this 0 4 section shall receive only one discount; OR 5 7. A parcel is divided by the boundary of the service area and the 6 impervious surfaces of the parcel are outside of the service area. Property qualifying hereunder shall be exempt from the rates and charges of the 8 ordinance; OR ? 9 8. A parcel is divided by the boundary of the service area and a w 10 portion of the impervious surfaces of the parcel drain into the service area; 11 parcels qualifying hereunder shall be charged as otherwise provided herein on , 12 the basis of the lands and impervious surfaces which drain into the service 13 area. 14 9. The rate. or service charge is otherwise erroneous in applying the terms of this ordinance. s z 16 C. The property owner shall have the burden of proving that the rate 17 adjustment sought should be granted. D. Decisions on requests for rate adjustments shall be made by the 19 t director based on information submitted by the applicant and by the utility. 20 ' The applicant shall be notified in writing of the director s decision within 30 ' 21 days of the decision. If an adjustment is granted which reduces the charge for f 22 the current year, the applicant shall be refunded the amount overpaid. ,. 3 E. If the director finds that a service charge bill has been sent to a ?r ; a o a, 24 parcel owner which has undercharged for the amount of impervious surface zk,.. 25 coverage on the parcel, then either an amended bill shall be issued which 26 reflects the increase in the service charge or the undercharged amount will be r 27 d d bill h ll b d d ' s bill. This amen e s a e added to the next year ue an payable unde 5 28 ' fL I fY the provisions setforth in section 10 of this ordinance. The director may • } 29 ? include in the bill the amount undercharged for two previous billing years. a? W T' E 30 ! F. Decisions of the director on requests for rate adjustements shall be r{ p 31I final unless within 10 days of the date the decision was mailed the applicant i e r a h v P o 32 submits in writing to the director a notice of appeal setting forth a brief l' -11- rr9 (17 W W. t i b fore the Ki ti h ear ng e ng ng a statement of the grounds for appeal and reques 2 ac County zoning and subdivision examiner. The examiner's decision shall be a ? 3 final decision pursuant to the provisions of K.C.C. 20.24.080. 4 SECTION 9. Ordinance 4461, Section 2, as amended and K.C.C. 20.24:080 5 are hereby amended as follows: 1 6 Final decisions by the examiner. A. The examiner shall receive and 7 examine available information, conduct public hearings and prepare records and r -Z 8 ' reports thereof, and issue final decisions based upon findings and conclusions F - s 9 in the following cases: 10 1. Appeals from the decisions of the administrator for short subdivisions 11 2. Appeals from threshold determinations concerning actions not subject t 12 council approval; F 13 3. Appeals from notices and orders issued pursuant to Title 23 of this 14 code or the rules and regulations VII of the King County department of public 15 16 health; 4. Appeals from decisions of the department of public works regarding 17 permits or licenses in flood hazard areas purusant to Section 21.54.100; ' 18 5. Appeals from conditions imposed on final approvals of subdivisions ., 19 receiving extensions pusuant to Section 19.28.050 E. or F.; 20 6. Appeals from decisions of the zoning adjustor on administrative 21 conditional use permits, conditional use permits or variances; 22 7. Appeals from decisions regarding site plan approvals pursuant to % 23 Section 21.46.180 and pursuant to Ordinance 4122; 24 B. Appeals from decisions regarding the abatement of nonconforming uses; m r 25 9. Applications for shoreline substantial development permits when -1 26 combined with other land use applications pursuant to Section 25.32.080; Y ^f t k' 27 10. Appeals from decisions regarding modification of. landscaping require- r{ 1 kr' ' vw? 28 ments Purusant to Section 21.51.050; 29 11. Appeals from decisions of the director of the department of public , ll;? 30 works on requests for rate adjustments to surface and storm management rates an l ' n 31 charges. a( n 32 I, t1. 12. Other applications or appeals which the council may prescribe b -12- ? {'?R?'!. _?N6MAi - 4?vY M1?'?? .Cc ,i.tltl ryf: WYr ?14n{HzC ?' t 4?? r?f? rn- i I 7,1,, t. `t, i t u fr&? V i;P S - )y J eryYr 5 +? h _ .? 1 a '1 1 , e ordinance. 2 0. The examiner's decision may be to grant or deny the application or _ 4 3 appeal, or the examiner may grant the application or appeal with such condi - 4 tions, modifications and restrictions as the examiner finds necessary to make 5 the application or appeal compatible with the enrironment and carry out appli- 5 cable state laws and regulations and the regulations, policies, objectives and 7 goals of the comprehensive plan, the community plans, the sewerage general plan, 8 the zoning code, the subdivision code and other official laws, policies and g objectives of King County. i ?. 10 SECTION 10. Billing Procedure. 11 r A. All property subject to charges of the utility shall be billed based 12 upon the property characteristics existing on January 1-of the billing year and 13 at the rate as set forth in Section 6. Billing year is the year that the bills 14 are sent. The service charge shall be displayed and billed on the annual 15 property tax statement for the parcel and shall be mailed to the name and 16 address shown on the real property tax roll at the time annual property tax ? 17 bills are prepared. Parcels which are exempt from property taxes and do not 18 receive an annual property tax statement will receive a bill only for the 19 service charge. If a payment is received in conjunction with a combined x+r _ } 20 property tax and service charge, and the payment is less than the sum of the 21 total property tax plus service charge or less than the sum of one-half of the 22 Property tax plus one-half of the service charge, and unless otherwise specifie " 23 by the parcel owner, the director of the office of finance shall apply the s° 2a Payment to the annual property tax of the parcel first pursuant to the provi-{ 25 sions of Chapter 84.56 RCW and any remaining amount to the service charge. 28 B. The total amount of the service charge shall be due and payable to the ?. 27i? n r°lr`, director of the office of finance on or before the thirtieth day of April and '.t 28 shall be delinquent after that date; however, if one-half of such service charg a A 44 29 ' is paid on or before the said thirtieth day of April, the remainder shall be du ( Jr 30 h and payable on or before the thirty-first day of October and shall be delinquen t " 31 after that date. 32 C. Prrcel characteristics affecting the service charge which are altered a -13- J '?• ?r'11 .t f.`Tt ?9 UE October 3, 1984 ¦ r 'r after January 1 of any year shall not be a basis for calculation of the service 71 2 charge until January 1 of the following year. ?s Ra 3 SECTION 11. Delinquencies and Foreclosures w° 4 A: Delinquent service charges shall bear interest as provided in RCW i 5 36.89.090 and 35.67.200 at the rate of 8 percent per annum, or such rate as may , 6 hereafter be authorized bylaw, computed on a monthly basis from the date of 7 delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the charges were first 9 delinquent. 10 B. The county shall have a lien for delinquent service charges, including 11 interest thereon, against any property subject to service charges. The lien 12 shall be superior to all other liens and encumbrances except general taxes and - 13 local and special assessments. Such lien shall be effective and shall be to enforced and foreclosed in the same manner as provided for sewerage systems of 19 cities and towns by RCW 35.76.200 through 35.67.210. 16 SECTION 12. Surface and storm water management utility fund. All 17 service charges shall be deposited in the surface and storm water management 18 fund in the County Treasury which fund is hereby created to be used only for tl 19 purpose of paying all or any part of the cost and expense of maintaining and 20 operating surface and storm water management facilities, all or any part of th 21 cost and expense of planning, designing, establishing, acquiring, developing, 22 constructing and improving any such facilities, or to pay or secure the paymen 23 of all or any portion of any issue of general obligation or revenue bond issue 24 for such purpose. Monies in said fund not needed for immediate expenditure 25 shall be invested for the benefit of the surface and storm water management fu'. 26 pursuant to the first paragraph of RCW 36.29.020 and such procedures and limit 3 27 tions contained in county ordinance. For investment purposes the director of n c 28 the department of public works is hereby designated the fund manager. `r 29 SECTION 13. Administrative Procedures. Pursuant to King County Code 30 2,98 the director may develop administrative procedures relating to the imoosi " k" •zr> 31 Lion and collection of service charges including but not limited to; 3 32 -14- F ' l s r l hw _ - (October 3, 1984 DRAFT #3 A. Procedures for the application and review of requests for adjustments a 2 to service charges. 3 B. Procedures for the filing of liens and initiation of foreclosure on 4 delinquent accounts. 6 C. Procedures to develop recommendations for proposed interlocal agree- 6 ments to share cost and functions between the utility, other jurisidictions and 7 special purpose districts. 8 SECTION 14. Severability. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this 10 ordinance and the application of the provisions to other persons or circum- 11 stances shall not be affected. 12 INTRODUCED AND READ for the first time this day of 13 1984. 14 PASSED this day of 1984 . 15 KING COUNTY COUNCIL 16 KING COUNTY, WASHINGTON 17 ` . 18 Chairman ATTEST: 19 20 21 er OT the Council S 22 APPROVED this day of 1984. 23 24 { > 25 King County Executive 26 , 27 G 28 29 30 31 32 -ls- y" v ? = „t kr 4 It 1-7 Constr 14 uction 1 Public meeting Nov. 14 on 3 ` flood damage reduction stud $?y SEATTLE - The public is in- ducting [he IIOOd dama,e reduc- ; and vited to a meeting Wednesday Lion study at the request of Pierce nualtvalueslcompaa verage .Y' -, Nov. 14 on the Bowman Hilton County. 6 . r Mobile Home Park flood damage At the upcoming meetin Dis- annual costs red to a of $69,700, using the 9„•'°.- reduction study, g, current congressionally mandated I "I, The meeting will begin at 7:30 koupc and S 'c I tudyoMa agrrrPor sl teresP rate of 8'/,%a. The pro- y Pm al the Kalles Junin School r High Brooks will present the study re• Ile?ed plan is economically justi- " SIS Third South Easl in subs and the corps tcnta[ive rec- Producing $1.80 in average _•, Puyallup. ommendations for corrective annual benefits for every $1 in av- y, Bowman Hilton Mobile Home measures, with environmental im- erage annual cost. Park is located about a mile u The report and environmental stream of Sumner on the wes[ Jml't ,ddailed outlined aro is n th istrt assessment have been mailed to .• r?' N "a[ bank of the Puyallup Rivrr. Rd.- environm ental sscsmen eP and local libraries and toorpsagencies and lively frequent ?oodin at the citizens on the C Bowman 't park results en an estimated aver- is c'`uruct onltof ti 2,095 tout) Hilton study mailing list. The li-hr Tie are age annual cost of $141,000 in long levee designed to protect the brarysPuyal upYaBow an Milton _ flood damages. The portion of the Bowman Hihon Mobile Home Clubhouse, New Sumner; Sumner sW, _,?: r park susceptible t0 flooding con- Park from 10o-year le frequency twins I( mobile homes with floods. q y Public Library, Sumner; Tacoma - about 200 residents- Construction o f the levee ro'_ Public Library, Tacoma; Seattle Under authority of Section 205 rct would rust about g74g 000 Public Library and Universit y of of he a&+;• Seattle; b IT t federal 1948 Flood Control based on October 1984 prices.'fhe a dslHuxley Em i n coral Refer- 1. Act, the Army Corps of En- nuijoritY of the benefits rary, Bellingham. ,•", w. 10, + r grocers' Seattle District is con- from Ilood result once Bureau Lib damn es g prevented Anyone wishing a single copy tt'•e,1!, of the repor[ and environmental 1I2 Summer Falls `School use assessment is asked to contact Se- attle District ng , US Army Corp' of / policy head Engineers , Attn.: Forest Brooks, Work bidding set for Dec. 4 NPSEN•PL-FH, Box C-3755, Se- ;• f - attic, WA 98124-2255. PASCO - Bids for Cont. No. SEATTLE - On Dec. 4 the Se- , - 115-14: additional civil works Cole City Council's Land Use ;y j' construction at the Summer Falls Conuniuee will hold a public Swan ?(]a?Cr a 'Bfl ,, 14 Power Project 8 miles south of hearing on the mayor's propose) s - ?.,. Coulee City, will be received by Public school designation policy. /?p //?? Si. y? the Columbia Basin Irrigation T'he policy is designed to do {Al.i.?OJlJI Districts until 1:30 pm Friday Ihrcr things: create new zoning exa*`y+ uu Nov, 30, pliciily for public schools together p1 l Bids go to the main office of Witlt development standards for delayed AA ? the South Columbia Basin Irriga• Iltot zone; reaffirm the existing 80156 r lion District, Power Generation School Use Advisory Comntittec ) - The Idaho 1 Division, 403 W. Columbia in (SUAC) process for allowing joint (UPI) n Pasco (mailing address: 403 Co- use ;uul reuse of existing school Water Resource Board has J"r - ar 'S? lumbia, Box 1006, Pasco, WA buildings when proposed uses are drlaycd a decision on whether ton( 99301), endorse a compromise aimed at not permitted mnright;'tmd re• ending fightsw over, r al location of IJ`' i±? Bedding documents may be ob- quire a rezone for expansion or Snake River ;ue SEATTLE ,ar ruined eat the offlcrs of the den[ohtion o1' a school bwlding to been p J ushed buck t oint Venture. Son Harza, a accommodate a different use. Board members were plit due- The problem, Dort our Venture. Summer Fags The hearing starts at 9:111, in the ing rtteir morning ssison over svsreuts, uccurdinct Power Plant, located on Pinto Coundl Chambers, whether to endorse se the pact or to j lems Delenl/oJ + ,. f Midge Road, Box 305, Coulee Citizens are invited to testify wait until public opinion on the r City, 99115 (phony. 509/345.2513 and/or submit written suucments, 1Otnpromesr es aercd. •, r A or 509/345.2534, attention: G. 8. Inl'onnation ma be obtained Co The panel - which currently y has the final soy on stole water s :r ti? +iv; Thompson. resident engineer) ® st is $75 non-refundable , front frank Kirk en Councihnem• bcr Jim Strcct's office, 625-2438. Policy -also was warned the B Work well .L .1 rj3C r b n r include access use access itwnnc umiv In IN, i.w..r p River water rights com• romi Snake se is ter w to be challenged r t. ? e and raising file Powerhouse aarss stair again en court regardless of th road, fabricating and installing WSDOT traffic board's action, revarz tt ` tower ! at northeast The board Is considering a com• • cormngner of in? er ++ " F x ru the powerhouse fall- engineering Promise agreed to by Idaho Pow Jf •inVallmg a Platform will, t V t Co , G v John Evans and At- ma ryu r =? =i g •SB / DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS I BOX C•3755 P O 1 I . . ?I SEATTLE. WASHINGTON 96124 P I NPSEN-DB-CP .. FEB 1982 3 _ I ?d a _ 4 7 I I M. L. Sanstrom, P.E. ? ` P - Director of Public Works I ' Courthouse I - --- ` Port Townsend, Washington 98368 j I t f +au r Dear Mr. Sanstrom: - -?' y---- ?lT,/CC.v fY u4 i ' This is in reply to your 22 January 1982 letter requesting assistance to f help prevent future flooding from the Quilcene River at the town o _ Quilcene, Washington. On 29 January 1982, Messrs. Lester Soule and Mitch MacGregor from my staff met with you and Bud O'Meara, County Commissioner, for a joint investigation of the flooding problem. On 5 December 1981, the Quilcene River overflowed its banks, causing minor - - flooding in the lower 3 miles of the Quilcene River basin. The dike on the ; left bank was breached just upstream of Linger Longer Road and flooded an additional area. The flood problem is aggravated by disposition of material in the channel. The U.S. Army Corps of Engineers has no authority for emergency construction of dikes except during actual flood-fight activities. Public Law 84-99 does assist in rehabilitation of existing flood control structures damaged during floods. However, since Jefferson County has already repaired the breached dike, Public Law 84-99 is not applicable. The Corps of Engineers has the authority under Section 205 of the Flood Con- trol Act of 1948, as amended, to construct small flood control projects. However, this program is subject to specific criteria and limitations. All d (have economic benefits that exceed tifi i ll j b us e ca y projects must be econom " its cost), compatible with the environment, and publicly acceptable. Such a h 04 study was conducted for Quilcene by the Seattle District during 1968 to l i h i, anne ves, c 1972. The study evaluated upstream storage, six levee alternat improvements, bypass channels, relocation, flood plain management, and zon- ing. The study determined that none of the structural measures were eco- nomically justified, and the only feasible flood damage reduction measure was flood plain regulation. Unless significant changes have occurred since " I? E, 4 then, it is unlikely that another study would result in a favorable A recommendation for a project. However, if Jefferson County desires the Corps of Engineers to reanalyze flood damage reduction measures for Quilcene, we would require a specific request for such a study,in which the county agrees to the items of local cooperation shown on inclosure 1. 1>r. rr c{:il c r ?h 5 NPSEN-DB-CP M. L. Sanstrom, P.E. Section 208 of the 1954 Flood Control Act provides for removal of accumu- lated snags and other debris for channel clearing and straightening for flood control. Each project must constitute a complete solution to the problem involved. All revetment for erosion protection is a non-Federal coat. The local sponsor is also required to maintain and operate this project. This is usually a costly solution and does not provide a com- plete solution to the flooding problem at higher riverflows. Also, this procedure requires annual maintenance, which can prove to be very costly. If the city is interested in pursuing a flood control project under the Sec- tion 205 program, inform us by letter of your interest and intent to meet local cooperation requirements. Formal assurance would be required prior to actual construction. Following receipt of your letter, we will schedule a reconnaissance study. If the city decides to provide a dike to protect local landowners, we can provide technical assistance in the form of possi- ble levee designs and other information available from our files. If you have any questions or need additional information, please contact Mr. Lester Soule at (206) 764-3699. Sincerely, , 1 Intl NORMAN C. HINT7. As stated Colonel, Corps of Engineers District Engineer ftcel [Y ? F ?fiFR a.?4198? Nq/n,q, S O;ep?C?Y 2 NT _ -xr 4 ? ? 1 1 1 ? 4 F jJ ± a 'I Ix? x ? . j Items of Local Cooperation y r 1. Provide, without cost to the United States, all real. estate interests . • necessary for the construction of the project. l 2. Hold and save the United States free from damages due to the construc- ' tion, operation, and maintenance of the project, except where such damages -,. are due to the fault or negligence of the United States or its contractor. 3. Maintain and operate the project, or integral ports thereof, in accord- !I once with regulations, prescribed by the Secretary of the Army. : 4. Provide all necessary relocations and alterations of buildings and .. utilities, roads, highway bridges, sewers, and related utilities. - M1 _ Prevent encroachment of improved channel or ponding areas which might interfere with proper functioning of the project. 6. Assume full responsibility for all project costs in excess of the ,. Federal cost limitation. 7. Comply with Section 601 of the Title VI of Civil Rights Act of 1964 (Public Law 88-352) and with Sections 210 and 305 of Public Law 91-646 .#a entitled, The Uniform Relocation Assistance and Real Property Acquisition Policies of 1970. r r4 ? ti S` J h f4 I,,) 1 66 ?t k ; *y r t d3 _.._ ?.' _...<.__ WE, 86.09.703 Revision of district-Establishment of revised district-Review of benefits-Liability of original district-Segregation of funds. If funds are available the director shall, at the expense of his depart- ment, refer the petition to the supervisor for a prelimi- nary investigation as to the feasibility of the objects sought by the petition. If the investigation discloses that the matter petitioned for is feasible, conducive to the public welfare, consistent with a comprehensive plan of development and in the best interest of the district and will promote the purposes for which the district was or- ganized, the director shall so find, approve the petition, enter an order in his records declaring the establishment of the new boundaries as petitioned for, or as modified by him, and file a certified copy of the order with each county auditor, without filing fee, and with the board. The board shall forthwith cause a review of the clas- sifications and ratio of benefits, in the same manner and with the same effect as for the determination of such matters in the first instance. The lands in the original district shall remain bound for the whole of the original unpaid assessment thereon for the payment of any outstanding warrants or bonds to be paid by such assessments. Until the assessments are collected and all indebtedness of the original district paid, separate funds shall be maintained for the original district and the revised district. [1965 a 26 § 15.1 affect the validity of the chapter as a wnote or any tion, provision or part thereof not adjudged to be invalid or unconstitutional. 11937 c 72 § 213; RRS § 9663E-213.1 Chapter 86.12 FLOOD CONTROL BY COUNTIES Sections _ I COUNTY FLOOD CONTROL 86.12.010 County tax for river improvement fund-Flood can. trol maintenance account. 86.12.020 Authority to make improvements-Condemnation. 86.12.030 Eminent domain, how exercised. ,947 86.12.033 Expenses to be paid out of river improvement fund. 86.12.034 County entitled to abandoned channels, beds, and banks. IMMUNITY FROM LIABILITY a 86.12.037 Liability of county or counties to others. , 2 - _ COUNTY FLOOD CONTROL 86.12.010 County tax for river improvement fund-Flood control maintenance account. The county commissioners of any county may annually levy a tax, beginning with the year 1907, in such amount as, in their judgment they may deem necessary or advisable, but not to exceed twenty-five cents per thousand dollars of assessed value upon all taxable property in such county, for the purpose of creating a fund to be known as "river improvement fund." There is hereby created in each such river improvement fund an account to be known as the "flood control maintenance account." [ 1973 1st cx.s. c 195 § 129; 1941 c 204 § 8; 1907 c 66 § I; Rcm. Supp. 1941 § 9625. FORMER PART OF SECTION: 1907 c 66 § 4, now coditted as RCW 86.12.033.1 Smenbllity-Effeelbe data and /erminatian d.1 es-Construc- now-1973 to ex.s. c 195: See notes following RCW 84.52.043. Limitation on levies Stare Constitution Art. 7 If 2 (Amendments 55 and 59); chapter 84.52 RCIV. 86.09.900 Other statutes preserved. Nothing in this chapter contained shall be construed as affecting or in any wise limiting the powers of counties, cities, towns, diking districts, drainage districts, or other municipal or public agencies in the manner authorized by law to con- struct and maintain dikes, levees, embankments or other structures and works, or to open, deepen, straighten and otherwise enlarge natural water courses, waterways and other channels, for the purpose of protecting such or- ganizations from overflow. 11937 c 72 § 210; RRS § 9663E-210.1 86.09.910 Chapter supplemental to other acts. Noth- ing in this chapter contained shall be held or construed as in any manner abridging, enlarging or modifying any statute now or hereafter existing relating to the organi- zation, operation and dissolution of flood control dis. tricts. This chapter is intended as an independent chapter providing for a separate and an additional au- thority from and to any other authority now existing for the organization, operation and dissolution of flood con- trol districts, as provided in this chapter. 11937 c 72 § 211; RRS § 9663E-211.1 86.09.920 Chapter liberally construed. The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their objects, [1937 c 72 § 212; RRS § 9663E-212.1 86.09,930 Seserabllity-19.17 c 72. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not 11101 yd h 86.12,020 Authority to make improvements- Condemnation. Said fund shall be expended for the pur- poses in this chapter provided. Any county, for the con- trol of waters subject to flood conditions from streams, tidal or other bodies of water affecting such county, may inside or outside the boundaries of such county, con- struct, operate and maintain dams and impounding ba- sins and dikes, levees, revetments, bulkheads, rip-rap or other protection; may remove bars, logs, snags and de- bris from and clear, deepen, widen, straighten, change, relocate or otherwise improve and maintain stream channels, main or overflow; may acquire any real or personal property or rights and interest therein for the prosecution of such works or to preserve any flood plain or regular or intermittent stream channels from any in- terfcrcncc to the rice or natural now of flood or storm water; and may construct, operate and maintain any and all other works, slruclures and improvements necessary for such control; and for any such purpose may pur- chase, condemn or otherwise acquire land, properly or ITllle 96 RCW-p 291 y lq?t t r M. _ _ v.;:k`J11 :4?r.Tp' C° o-S? ..? 3?.. r rn t ? .h .'IS', h.?h?y(''?SSk d1?++))Q ?' -h 4(? 1 s1Y i } _. 1 ? ? s --,, tom' - 7 a . , . rKu?r .4 `:? rGr€ ¢ 86.12.020 Title 86 RCW: Flood Control 1 a? < 3 " rights, including beds of nonnavigable waters and state, count and school lands and ro ert and ma dama e improvements intended so to do, all the right, title and interest of the state of Washin ton in and to said ab - p p y y y g the l d t f h d g an- d d d h l h l b b d b k b k ? any an or o r proper y or any suc purpose, an one c anne or c anne s, e or e s, an or an s, , may condemn land and other property and rights and up to and including the line of ordinary high water, shall interests therein and damage the same for any other public use after just compensation having been first be and the same is hereby given, granted and conveyed to the county making such improvement: Provided, how- _ l +- madeor paid into court for the owner in the manner prescribed in this chapter. The purposes in this chapter ever, That any such gift, grant or conveyance shall be subject to any right, easement or interest heretofore ?n_W specified are hereby declared to be county purposes. [1970 cx s c 30 § 10 1941 c 204 § 9 1935 c 162 § 1 given, granted or conveyed to any agency of the state. [1963 c 90 § 1 ] } § , ; . ; ; 1907 c 66 § 2 1919 c 109 § I Rem Su 1941 § . ; ; . pp. 9626 1 . -1970 ex s c 30 S S blat RCW 36 89 911 IMMUNITY FROM LIABILITY 'l a . . : ee eeen y . . . Authority and power of counties arc supplemental: RCW 36 89 062 86 12 037 Liability of count or counties to others r - s . . . Storm water control facilities, county powers and authority: Chapter 6 89 CW . . y . No action shall be brought or maintained against any - it +? - x . - 3 R county alone or when acting jointly with any other county under any law its or their agents officers or r4 ' 86.12.030 Eminent domain, how exercised. The tak- ing and damaging of land, properly or rights therein or ,hereto by any county, either inside or outside of such county, for flood control purposes of the county is hereby declared to be for a public use. Such eminent domain proceedings shall be in the name of the county, shall be had in the county where the property is situated, and may unite in a single action proceedings to condemn for county use property held by separate owners, the jury to return separate verdicts for the several lots, tracts or parcels of land, or interest therein, so taken or dam- aged. The proceedings may conform to the provisions of 'sections 921 to 926, inclusive, of Remington's Revised Statutes, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The title so acquired by the county shall be the fee simple ti- tle or such lesser estate as shall be designated in the de- cree of appropriation. The awards in and costs of such proceedings shall be payable out of the river improve- ment fund. [1941 c 204 § 10; 1907 c 66 § 3; Rem. Supp. 1941 § 9627.] •Redser's now 'Sections 921 to 926, Inclusive, of Remington 's Re- vised Statutes' (except for section 923) arc codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by 1935 c 115 § I but compare the fire paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section. 86.12.033 Expenses to be paid out of riser Improve- ment fund. All expenses to be incurred in accomplishing the objects authorized by this act shall be paid out of said river improvement fund and which fund shall be used for no other purpose than the purposes contem. plated by this chapter. 11907 c 66 § 4; RRS § 9628. Formerly RCW 86.12.010, part.] 86.12.034 County entitled to abandoned channels, beds, and banks. Whenever a county of this state, acting pursuant to RCW 86.12.010 through 86.12.033, shall make an improvement in connection with the course, channel or now of a navigable river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an an- cient or abandoned channel or bed, or shall construct Intl. u acsA-la col employees, for any noncontractual acts or omissions of such county or counties, its or their agents, officers or s - employees, relating to the improvement, protection, reg- ulation and control for flood prevention and navigation purposes of any river or its tributaries and the beds, banks and waters thereof: Provided, That nothing con- tained in this section shall apply to or affect any action r now pending or begun prior to the passage of this sec- [1921 c 185 § 1 RRS § 9663 Lion Formerl RCW 'r ; . . y 87.12.180.] Chapter 86.13 q FLOOD CONTROL BY COUNTIES JOINTLY Sections a a r,;f JOINT COUNTY CONTROL-1913 ACT arfr fl 86.13.010 Boundary line rivers-Contmct to control. l 86.13.020 Expenditure of funds-Joint action generally. 1SS 86,13.030 Tax levy in each county- Intercounty river improve. meat fund. 86,13.040 EntmenI domain--Procedure-Acquisition by put. chase authorized. I 86.13.050 Joint county meeting-Procedure. C' 86.13.060 Special commissioner-Powers and duties- Compensation. _ 86.13.070 Chapter not exclusive. 86.13.080 Liability as between counties. .6. 3.090 Issuance of warrants. f 8. t JOINT COUNTY CONTROL-SUPPLEMENTAL ACTS 's - ' 86.13.100 Lease or disposal of property-Disposition of proceeds. 86,13.110 State's title to abandoned channels granted to counties. '. IMMUNITY FROM LIABILITY 86.13.120 Liability of county or counties to others. JOINT COUNTY CONTROL-1913 ACT 86.13,010 Boundary line rivers-Contract to can. Irol. Whercvcr and whenever a river is or shall be thr h boundary line or part of the boundary line between two I (`"t counties, or it, or its tributaries or outlet or part thereof, flows through parts of two counties, and the waters thereof have in the past been the cause of damage, by inundation or otherwise, to the roads, bridges or other public property situate in or to other public interests of (1911 EII ? - ->rdp'r`t' S ? p77 , ?a 86.13.090 C Title 86 RCW: Flood Control K,J presented to him for payment, to bear interest at a cer- Chapter 86.15 $ lain rate thereafter until paid, such rate to be the then FLOOD CONTROL 'LONE DISTRICTS current rate as determined by the county auditor. [1913 c 54 § 9; RRS § 9659. Formerly RCW 86.12.110.] Sections JOINT COUNTY CONTROL- SUPPLEMENTAL ACTS 86.13.100 Lease or disposal of property-Dis sition of proceeds. Whenever two counties of this sl acting under a contract made pursuant to RCW 86. .010 through 86.13.090, shall make an improvement connection with the course, channel or flow of a ri shall acquire property by statute, purchase, gift otherwise, said counties, acting through their boards county commissioners jointly shall have the power, a are hereby authorized to sell, transfer, trade, lease, otherwise dispose of said property by public or priva negotiation or sale. The deeds to the property so grant transferred, leased or sold shall be executed by t chairman of the meeting of the joint boards of coo commissioners, and attested by the secretary of s joint meeting where the sale is authorized. The proce of the sale of said property shall be used by said count for the carrying on, completion or maintenance of s improvement, as directed by the boards of county co missioners of said counties acting jointly. [1915 c 103 1; RRS § 9660. Formerly RCW 86.12.080.1 Coeitructlem-1915 c 103: 'This act is not intended to modi change, alter or amend chapter 54 of the Session Laws of 1913 IRC 86,13.010 through 86.13.0901." 11915 c 103 J 2.1 po- ste, 13. in ver, or of nd or le, ed, he my aid eds ies aid § fy, W 86.13.110 State's title to abandoned channels granted to counties. Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in con. nection with the course, channel or flow of a river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct improvements intended so to do, all the right, title and interest of the state of Washington in and to said abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall be and the same is hereby given, granted and conveyed jointly to the counties making such improvement. [1915 c 140 § 1; RRS § 9662. Formerly RCW 86.12.090.1 IMMUNITY FROM LIABILITY 86.13.120 Liability of county or counties to others. See RCW 86.12.037. rfllk of RCW-y 341 86.15.010 Definitions. 86.15.020 Zones-Creation. 86.15.025 Districts incorporating watersheds authorized-Sub- zones authorized-Creation, procedure-Admin. istration-Powers. 86.15.030 Districts incorporating watersheds amharized-For. mation, hearing and notice. 86.15.040 Limitation on the formation of zones. 86.15.050 Zones-Governing body. 86,15.060 Administration. 86.15.070 Advisory committees. 86.15.080 General powers. 86.15090 Extraterritorial powers. 86.15.095 Zones constitute quasi municipal corporation Con. stitmional and statutory powers. 86.15.100 Flood control or storm water control improvements- Authorization. 86.15.110 Flood control or storm water control improvements- Initiation-Comprehensive plan. 86.15.120 Flood control or storm water control improvements- Hearing, notice. 86.15.130 Zane treasurer-Funds. 86.15.140 Budget. 86.15.150 County aid. 86.15.160 Excess levies, assessments, and charges-Local im• provement districts. 86.15.162 Delinquent assessment-Sale of parcel-Accrual of interest. 86.15.165 Voluntary assessments for flood control or storm water control improvements-Procedure-Disposition of proceeds-Use. 86.15.170 General obligation bonds (as amended by 1983 a 167). 86.15.170 Bonds-Bond retirement tax levy (as amended by 1983 c 315). 86.15.176 Service charges authorized-Disposition of revenue. 86.15.178 Revenue bonds-Lien for delinquent service charges (as amended by 1983 c 167). 86.15.178 Revenue bonds-Lien for delinquent service charges (as amended by 1983 c 315). ?6.15.180 Protection of public property. 86.1 5.190 Abatement of nuisances. 5 86.15.200 Flail control zones-Consolidation, abolishment. 86.15.210 Transfer of property. 86 15'220 Planning of improvements. 86.15.230 Public necessity of chapter. 86. Severability-Construction-1961 c 153. 86.15.910 Construction of chapter. 86.15.920 Titles not part of the chapter. Dissolution o finaelive special purpose districts: Chapter 36.96 RCW. Local govern mental organizations, actions affecting buundarim ell, review by boundary review board..- Chapter J6.93 RCW. 86.15.010 Definitions. The definitions set forth in this section apply through this chapter. (1) "Board" means the county legislative authority. (2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones. (3) "Flood waters" and "storm waters" means any storm waste or surplus waters, including surface watt', wherever located within the county or a zone or zoncs where such waters endanger public highways, streams and water courses, harbors, life, or property. (4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or storm water control improvement. 11921 td 1 M '?tR tP x 1 ?(T 4, i° 4 w, , mx,F s .. .. T!, X I? - i; e s`tarr._?. e ' S ' ( (5) "Storm water control improvement" means any works, projects, or other facilities necessary to control and treat storm water within the county or any zone or zones. (6) "Supervisors" means the board of supervisors, or governing body, of a zone. (7) "Zones" means food control zone districts which are quasi municipal corporations of the state of Washington created by this chapter. (1983 a 315 § il; 1961c153§1.] Se.enbility-11983 c 315: See note following RCW 90.03.500. IN w my ?' .. -- established pursuant to the requirements of RCW 86- .15.020, 86.15.030 and 86.15.040 as now law of hereaf- ter amended. Subzones established from countywide food control zone districts shall be established by reso- e lotion of the board and the provisions of RCW 86.15- .020, 86.15.030 and shall not apply to the establishment of such subzonc as authorized by this section. (3) Such subzones shall be operated and administered in the same manner as any other food control zone dis- trict in accordance with the provisions of chapter 86.15 ' RCW. (4) Such subzones shall have authority s of exercise RCW 86- any 86.15.020 Zones--Creation. The board may initi- ate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining flood control projects or storm water control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by twenty-five percent of the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall in- corporate the terms of the petition in a resolution within forty days after receiving the petition from the county auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiated by motion of the board or by a petition of electors. petitions shall be in a form prescribed and approved by the county auditor and shall include the necessary le- gal descriptions and other information necessary for es- tablishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall thereafter certify the sufficiency of the petition within forty-rive days. If the petition is found to meet the re- quirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors. (1983 c 315 § 12; 1961 c153§2.) Se,embillty-1993 c 315: See note following RCW 90.03.500, and all powers conferred by the provision 080 as now law or hereafter amended. 15 ,- . . (5) The board shall exercise the same power, author- ity, and responsibility over such subzones as it exercises l zone districts in accordance with the j over food contro isions of chapter 86.15 RCW as now law or hereaf- prov ter amended, and without limiting the generality of this - subsection, the board may exercise over such subzones, nted to it by RCW 86.15.160, 86.15.170, the powers gra 86.15.176 and 86.15.178 as now law or hereafter amended. [1969 ex.s. c 195 § Id 86.15.025 Districts Incorporating watersheds author- ized-Subzones authorized-Crealinn, proce- dur,Adminislralion-powers, (1) The board is authorized to establish a countywide food control zone district incorporating the boundaries of any and all wa- tersheds located within the county which arc not specifi- cally organized into food control zone districts established pursuant to chapter 86.15 RCW. Upon es- tablishment of a countywide food control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzones and such subzones shall then be operated and be legally established in the same manner as any food control zone district established pursuant to chapter 86.15 RCW, (1911 F6 1 86.15.030 Districts incorporating watersheds author- ized-Formation, hearing and notice. Upon receipt of it petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; de- scribe in general terms the food control needs or re- quirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7). At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: Provided, That if the boundaries of such zone arc enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: Provided further, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: Provided further, That the immediately pre- ceding proviso shall in no way limit or be construed to prohibit the formation of a countywide food control zone district authorized to be created by RCW 86.15.025. Within ten days after final hearing on a resolution, the board shall issue its order. (1969 ex.s. c 195 § 2; 1961c153§3.( 86.15.040 l.imitallon on the formation of zones. Any zone to be created pursuant to this chapter which in- cludes lands located within the limits of any city or town or food control district shall, prior to its creation, be approved by the legislative body of such city, town or mile 86 RCW-? 351 '88$rr? ) s r s b ?x f. JUNIR rv d v VA. Al 1- -7 o - 5 7PG ""y"'#^?° 1td+ 'f w.,NS a n u """ ' y r?i r 11NC+? Y ro ?{^Y t ` tit ?:, a S '? r ? - - -_ y ( 1 s5..w l t r i .r l r Yn 1 r F? n tl F ry4 v ?'> w4 4 d T"-?. ? qua r r e_. f. ) district: Provided, That unless such city or town or dis- trict legislative body approves or disapproves the cre- ation of such zone within one hundred and twenty days after receiving a request for approval from the board, it shall be conclusively presumed that such legislative body approves the creation of such zone: Provided further, That if within ninety days following legislative approval or disapproval ten percent of the electors of such city, town or district, file with the county auditor a petition requesting an election, such city, town or district shall conduct an election within its limits to determine if the residents of such city, town or district wish to be in- cluded within or excluded from such zone. The results of such election shall be binding, and the cost of such elec- tion shall be borne by the city, town or district. [1961 c 153 § 4.] 86.15.050 Zones-Governing body. The board of county commissioners of each county shall be ex officio, by virtue of their office, supervisors of the zones created in each county. (1961 c 153 § 5.] 86.15.060 Administration. Administration of the af- fairs of zones shall be in the county engineer. The engi- neer may appoint such deputies and engage such employees, specialists and technicians as may be re- quired by the zone and as are authorized by the zone's budget. Subject to the approval of the board, the engi- neer may organize, or reorganize as required, the zone into such departments, divisions or other administrative relationships as he deems necessary to its efficient oper- ation. 11961 c 153 § 6.1 86.15.070 Advisory committees. The board may ap- point a county-wide advisory committee, which shall consist of not more than fifteen members. The board also may appoint an advisory committee for any zone or combination of two or more zones which committees shall consist of not more than five members. Members of an advisory committee shall serve without pay and shall serve at the pleasure of the board. [1967 ex.s. c 136 § 6; 1961c153§7.) 86.15.080 General powers. A zone or participating zone may: (1) Exercise all the powers vested in a county for flood water or storm water control purposes under the provisions of chapters 86.12, 86.13" 36.89, and 36.94 RCW: Provided, That in exercising such powers, all ac- tions shall be taken in the name of the zone and title to all property or property rights shall vest in the zone; (2) Plan, construct, acquire, repair, maintain, and op- eratc all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and storm waters and to otherwise carry out the pur. poses of this chapter including, but not limited to, pro. tection of the quality of water sources; (3) Take action necessary to protect life and property within the district from flood water damage; (4) Control" conserve, retain, reclaim, and remove flood waters and storm waters, including waters of lakes furl. M Ncw--p 361 and ponds within the district, and dispose of the same for beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the acquisition by the board of appropriate water rights in accordance with the statutes; (5) Acquire necessary property, property rights, facil- ities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: Provided, That property of municipal corporations may not be acquired without the consent of such municipal corporation; (6) Sue and be sued in the name of the zone; (7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands as are surplus to the needs of the zone in the manner provided for the disposal of county property in chapter 36.34 RCW; (8) Cooperate with or join with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, or any private corporation or indi. vidual for the purposes of,this chapter; (9) Accept funds or property by loan, grant, gift o: otherwise from the United States, the stale of Washington, or any other public or private source; (10) Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses: Provided, That such material shall be- come property of the zone and may be sold for the pur- pose of recovering the cost of removal: Provided further, That valuable material or minerals removed from public lands shall remain the property of the state. [ 1983 c 315 § 13;1961c153§8.1 Severabilily-1983 a 315: See note following RCW 90.03.500. 86.15.090 Extraterritorial powers. A zone may, when necessary to protect life and property within its limits from flood water, exercise any of its powers speci. fied in RCW 86.15.080 outside its territorial limits. [1961c153§9.1 86.15.095 Zones constitute quasi municipal corpora. lion-Constitutional and statutory powers. A flood control zone district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section I of the state Constitution, and a 'taxing district" within the meaning of Article VII, sea tion 2 of the state Constitution. A flood control zone district constitutes a body corpo ii rate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, in. eluding, but not limited to, the authority to hire employ. I ecs, staff, and services, to enter into contracts, and tosue and be sued. 11983 c 315 § 6.1 Severablllly-1983 a 315: Ste role following RCW 90.0),500. i 86.15.100 Flood control or storm water control lo- provements-Aulllorizatlon. The supervisors may au• thorize the construction, extension, enlargement, or acquisition of necessary flood control or storm water maul av UL -- r n •w -111 r ».y.utvr x?muv'. u .n u?'r.++nwr 6r Aiwrun t777" f )Fl6E at L'11itL' h n?r i s Brr',?yt, po t "A Yt Ff. I I ? . r , ? t ,. r ?_ t t L r A • y f t ? I V ? f r y, 46Y t ?1 r. I f - tit t, I `r'`r ° ark r r t r?r ?`? t ? .. t- ?fl rttr?,; r; r ? r .. control improvements within the zone or any participat- ing zones. The improvements may include, but shall not be limited to the extension, enlargement, construction, or acquisition of dikes and levees, drain and drainage sys- 71'l tems, dams and reservoirs, or other flood control or storm water control improvements; widening, straighten- ing, or relocating of stream or water courses; and the acquisition, extension, enlargement, or construction of any works necessary for the protection of stream and water courses, channels, harbors, life, and properly. 11983c315§ 14; 1961 c 153 § 10.] Severability-1983 a 315: See note following RCW 90.03.500. * i a Al? 86.15.110 Flood control or storm water control im- provements-Initiation-Comprehensive plan. Flood control or storm water control improvements may be ex- tended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify: (1) Whether the improvement is to be extended, en- larged, acquired, or constructed; (2) That either: (a) A comprehensive plan of development for flood control has been prepared for the stream or water course upon which the improvement will be enlarged, extended, acquired, or constructed, and that the improvement gen- erally contributes to the objectives of the comprehensive plan of development: Provided, That the plan shall be first submitted to the state department of ecology at ]cast ninety days in advance of the beginning of any flood control project or improvement; and shall be sub- ject to all the regulatory control provisions by the de- partment of ecology as provided in chapter 86.16 RCW; or (b) A comprehensive plan of development for storm water control has been prepared for the area that will be served by the proposed storm water control facilities; (3) If the improvement is to be constructed, that pre- liminary engineering studies and plans have been made, and that the plans and studies are on file with the county engineer; (4) The estimated cost of the acquisition or construc- tion of the improvement, together with such supporting data as will reasonably show how the estimates were ar- rived at; and (5) That the improvement will benefit: (a) Two or more zones, hereinafter referred to as par. ticipating zones; or (b) A single zone; or (c) The county as a whole, as well as a zone or par- ticipating zones. [ 1983 c 315 § 15; 1961 c 153 § 11.1 Sertnbllily-1983 c 315: Sce note following RCW 90.03.500. 86.15.120 Flood control or storm water control Im- provements-Ilesdrip, notice. Before finally adopting a resolution to undertake any flood control improvement or storm water control improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearing shall be given under RCW 36.32.120(7). ''? IIOAr rd l The supervisors may conduct any such hearing concur- rcntly with a hearing on the establishment of a flood control zone, and may in such case designate the pro- posed zone a beneficiary of any improvement. [1983 c 315§16;1961c153§ 12.] Sevembility-1983 c 315: See note following RCW 90.03.500. 86.15.130 Zone treasurer-Funds. The treasurer of each zone shall be the county treasurer. He shall es- tablish within his office a zone flood control fund for each zone into which shall be deposited the proceeds of all tax levies, assessments, gifts, grants; loans, or other revenues which may become available to a zone. The treasurer shall also establish the following ac- counts within the zone fund: (1) For each flood control improvement financed by a bond issue, an account to which shall be deposited the proceeds of any such bond issue; and (2) An account for each outstanding bond issue to which will be deposited any revenues collected for the retirement of such outstanding bonds or for the payment of interest or charges thereon; and (3) A general account to which all other receipts of the zone shall be deposited. 11961 c 153 § 13.1 86.15.140 Budget. The supervisors shall annually at the same time county budgets are prepared adopt a budget for the zone, which budget shall be divided into the following appropriation items: (1) Overhead and ad- ministration; (2) maintenance and operation; (3) con- struction and improvements; and (4) bond retirement and interest. In preparing the budget, the supervisors shall show the total amount to be expended in each ap- propriation item and the proportionate share of each ap- propriation item to be paid from each account of the zone. In preparing the annual budget, the supervisors shall under the appropriation item of construction and im- provement list each flood control improvement or storm water control improvement and the estimated expendi. ture to be made for each during the ensuing year. The supervisors may at any time during the year, if addi. tional funds become available to the zone, adopt a sup. plemental budget covering additional authorized improvements. The zone budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be given as provided by RCW 36.32.120(7). 11983 c 315 § 17; 1961 c 153 § 14.1 Sevembully-19113 c 315: See note following RCW 90.03.500. 86.15.150 County aid. Whenever the supervisors have found under the provisions of RCW 86.15.110 that a hood control improvement or storm water control im. provement initiated by any zone will be of benefit to the county as a whole, as well as to the zone or participating zones; or whenever the supervisors have found that the maintenance and operation of any flood control im- provcmcnt or storm water control improvement within any zone will be of benefit to the overall flood control program or.slorm water control program of the county, flltk 2S RCW-y 371 er •; t ? w >??S'i? ^r{'t7?f'?rT :?i?, „; j?, 6_r.h ?,u` +?:-v ?1r:;'? tR!ir'v119{.i5i?1 nvr "??? r ?;. c4 +r 'it ? r?, ?l :? rya .!`,?$XiM g c ? 3 86.15.150 Title 86 RCW: Flood Control ? h - - the board may authorize the transfer of any funds avail- provided in RCW 87.03.270, but at the rate provided in ? a able to the county for flood control or storm water con- RCW 86,09.505. [1983 c 315 § 7.1 - ,? trol purposes to any zone or participating zones for flood control or storm water control purposes. [1983 c 315 § Serenbility-1983 c 315: See note following RCW 90.03.500. v 9 v?f 18; 1961 c 153 § 15.] SevenDNty-1983 c 315: See note following RCW 90.03.500. 86.15.165 Voluntary assessments for flood control or storm water control improvements-Procedure-- - Disposition of proceeds-Use. The supervisors may I a c z v _W 5 w P n no ex e a an y74' le fir in R,. " P st ex li of pr i t on lic F' h t611? 19 86.15.160 Excess levies, assessments, and barges-Local improvement districts. For the pur- pos es of this chapter the supervisors may authorize: (1) An annual excess ad valorem tax levy within any o ne or participating zones when authorized by the vot- s of the zone or participating zones under RCW 84- r 2.052 and 84.52.054; (2) An assessment upon property, including state roperty, specially benefited by flood control improve- ents or storm water control improvements imposed on- er chapter 86.09 RCW; (3) Within any zone. or participating zones an a nnual, d valorem property tax levy, of not to exceed fifty cents, per thousandidollars of assessed value when the levy will f take dollar rates that other taxing districts may law- Ily claim and that will not cause the combined levies to ceed the constitutional and/or statutory limitations, d the additional levy, or any portion thereof, may also made when dollar rates of other taxing units is re- be ased therefor by agreement with the other taxing units om their authorized levies; (4) A charge, under RCW 36.89.080, for the furnish- g of service to those who are receiving or will receive nefits from storm water control facilities and who are be ntributing to an increase in surface water runoff. Any ublic entity and public property, including the state and ate property, shall be liable for the charges to the same tent a private person and privately owned property is able for the charges; (5) The creation of local improvement districts and ility local improvement districts, the issuance of im- ovement district bonds and warrants, and the imposi- on, collection, and enforcement of special assessments all properly, including any slate-owned or other pub- ly-owned property, specially benefited from improve- ents in the same manner as provided for counties by apter 36.94 RCW. [1983 c 315 § 19; 1973 Ist cx.s. c 5§131; 1961c153§16.] inenbi0ly-1983 a 315: See note following RCW 90.03.500. ieunDlaty-F.ffsetbe dales and lermlealloo dates-Comtruc- s-1973 tat ex.s, a 195: See notes following RCW 84.52.043. to and charges for storm water control facilities: RCW 90.03.500 and M03.310. See Also RCW 35.67.015, 75.92011, J6.89.085, 16.94.11], and 56.08.011 86.15.162 Delinquent assessment me of par- cel-Accrual of Interest. If the delinquent assessment remains unpaid on the date fixed for the sole under RCW 86.09.496 and 86.09,499, the parcel shall be sold in the same manner as provided under RCW 87.03.310 through 87.03.330. If the district reconveys the land un- der RCW 87.03.325 due to accident, inadvertence, or misfortune, however, interest shall accrue not at the rate tittle 86 RCW-t 381 r. provide by resolution for levying voluntary assessments, N under a mode of annual installments extending over a ?- period not exceeding fifteen years, on property benefited '.., from a flood control improvement or storm water control •-'' improvement. The voluntary assessment shall be im- posed only after each owner of property benefited by the flood control improvement has agreed to the assessment I by written agreement with the supervisors. The agree- ment shall be recorded with the county auditor and the - obligations under the agreement shall be binding upon all heirs and all successors in interest of the property. The voluntary assessments need not be uniform or di- rectly related to benefits to the property from the flood control improvement or storm water control ` improvement. The levying, collection, and enforcement authorized in this section shall be in the manner now and hereafter - provided by law for the levying, collection, and enforce- ment of local improvement assessments by cities and towns, insofar as those provisions are not inconsistent with the provisions of this chapter. The disposition of all proceeds from voluntary assess- ments shall be in accordance with RCW 86.15.130. The proceeds from voluntary assessments may be used for any (food control improvement or storm water con- irol improvement not inconsistent with the provisions of this chapter, and in addition the proceeds may be used `I for operation and maintenance of flood control improve. ments or storm water control improvements constructed under the authority of this chapter. [1983 c 315 § 20; 1969 ex.s. c 195 § 3.1 ;l Severability-1983 c 315: See note following RCW 90.03.500. yl 86.15.170 General obligation lands (as amended by 1983 c 1614 (1) The county legislative authority may authorize the issuance of general obligation binds to finance any flood control improvement Such general obligation bonds may be issued only when authorized by the voters pursuant to RCW 84.52.056. Such bonds shall be issued on behalf of the zone or participating zones and be approved by the voters of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. Such bonds may be in any form, includ• ing bearer bonds or registered bonds as provided in RCW 39.46.030. (2) Such bonds may be issued in accordance with chapter 39.46 RCW. 11983 c 167 1211; 1961 c 153 1 17.1 Liberal coast ruellon-Se-WIlly- 1983 a 167: See RCW 39.46.010 and note following. 86.15.170 Bonds-bond retirement toes levy pa amended by I) - -' 1983 c Wit, The supervisors may authorize the issuance of gtnenl f _ + "3 '•' obligation bonds to finance any flood control improvement or storm water control improvement and provide for the retirement of the binds with ad valorem property tax levies. The general obligation bonds nay +-0 - be issued and the bond retirement levies imposed only when awharved t !t I,' by the voters pursuant to Article VIII, section 6 and Article VII, sa• tion 2(b) of the sate Constitution and RCW 84.52.056. The hands li (191) f1I ( l '? r 't r r ryry;; t1 K -All .,. +asaaemrrataaw¦asrv 'chb%_` _ i Flood Control Zone Districts 86.15.200 ] shall be issued on behalf of the zone or participating zones and be ap- a zone or participating zones. The bonds may be in any form, includ- ed by the voters of the zone or participating tones when the im- ing bearer bonds or registered bonds. •„i, 1 Inclement has by the resolution, provided in RCW 86.15.110, been Each revenue bond shall state on its face that it is payable from a I found to be of benefit to a zone or participating zones. The bonds may special fund, naming the fund and the resolution creating the fund. not exceed an amount, together with any oumatoding general oblige- Revenue bond principal, interest, and all other related accessary ea- licn indebtedness, equal to three-fourths of one percent of the value of penes shall be payable only out or the appropriate special fund. Is"' taxable property within the zone or participating zones, as the term A zone or participating zones shall have a lien for delinquent service 7yf+ is'S - 'value or the taxable property' is defined in RCW 39.36.015. The charges, including interest thereon, against the premises benefited by a bands may be in any form, including bearer bonds or registered bonds. flood control improvement or storm water control improvement, which 'ry 4v, ;is2. (I9s7 c JIS 121; 1961 < 157 § 17.1 lien shall be superior to all other liens and encumbrances except gen- eral taxes and heal and special assessments. The lien shall be effective -r antura rrOtr. RCW 86.15.170 was emended twice during the I98J and shall be enforced and foreclosed in the same manner as provided ?? regular session of the legislature, ach without reference to the other. for sewerage liens of cities and towns by RCW 35.67,2UO through 35- g For rule of construction concerning sections amended more than ,67.290. (1983 c 315 § 23; 1967 ex.s. c 136 § 8.1 once at any session of the same legislature, see RCW 1,12.025. v Serrnbilily-1983 a JIS: Su note following RCW 90.03.500. Rerbrora note: RCW 86.15.178 was amended twice during the 1983 regulor session of the legislature, each without reference to the other... For rule of construction concerning sections amended more OR. 86.15.176 Service charges authorized-Disposition once at any session of the same legislature, see RCW 1.12.025. I of revenue. The supervisors may provide by resolution for Severabillty-1983 c 315: See note following RCW 90,03.500. L revenues by fixing rates and charges for the furnishing d1 i of service to those served, including public entities, or 86.15.180 Protection of public property. Any agency ' t receiving benefits from a flood control improvement: or department of the state of Washington, or any politi- I` Provided, That the service charge shall be uniform for cal subdivision or municipal corporation of the state may the same class of benefits or service. In classifying ser• contribute funds to the county or any zone or zones to - _ vices furnished or benefits received the board may in its assist the county, zone or zones in carrying out the pur- discretion consider the character and use of land and its poses of this chapter when such agency, department, `fie t water runoff characteristics and any other matters that subdivision or municipal corporation finds such action - present a reasonable difference as a ground for distinc- will materially contribute to the protection of publicly tion. Service charges shall be applicable to a zone or owned properly under its jurisdiction. [1961 c 153 § 18.1 a" participating zones. The disposition of all revenue from service charges shall be in accordance with RCW 86.15- 86.15.190 Abatement of nuisances. The supervisors .130. 11983 c 315 § 22; 1967 ex.s. c 136 § 7.1 may order, on behalf of the zone or participating zones, 4 , Sererabillty-1983 c 315: See note following RCW 90.03.500. that an action be brought in the superior court of the county to require the removal of publicly or privately ?et 86.15.178 Revenue bonds-Den for delinquent service charge owned structures, improvements, facilities, or accumula- 2 4? 3 In amended by 1983 c 1677. (I) The county legislative authority may lions of debris or materials that materially contribute to authorize the issuance of revenue bonds to finance any flood control the dangers of loss of life of property from flood waters. Improvement. Such bonds may be issued and sold by the County legit' Where the SLruCIUICS, improvements, facilities, or 'CCU- 1§ 'w Inivc authority in the tame manner as prescribed in RCW 36.67.510 v through 36.67.570 pertaining to counties. Such bonds shall be issued mulations of debris or materials are found to endanger vYw on behalf of the zone or participating zones when the improvement has the public health or safety the court shall declare them a ;g-• by the resolution, provided in RCW KIM 10, been found to be or public nuisance, and forthwith order their abatement. If l? ? S benefit to a zone or participating zones. Such bonds may be in any the abatement is not completed within the time ordered as., r form, including bearer bonds or registered bonds as provided In RCW lc•r. I 7946030, by the court, the county may abate the nuisance and Fach revenue bond shall ':ate on its face that it is payable from a charge the cost of the action against the land uponr p ;-- t special fund, naming such fund and the resolution creating the fund. which the nuisance is located, and the payment of the Revenue bond principal, interest, and all other related necessary ex. Charge may be enforced and collected in the same man- - ,, I pens" shall be payable only out or the appropriate special fund. at the same time as county properly taxes. (1983 c A tone or participating rones shall have a lien for delinquent service veer chug", including interest thereon, against the premises benefited by a 315 § 24; 1961 c 153 § 19.] c yo rood control improvement, which lien shall be superior to all other Severablllly-1983 a 315: See note following RCW 90.03.500. ^' B '] liens and encumbrances except general taxes and local and special as• rjA.4 seasmenta. Such lien shall be effective and shall be enforced and fore. . t ? c6xed in the same manner at provided for sewerage liens or cities and 86.15.200 Flood control zones-Consolidallon, t IaS ` r6s r 4, sawn by RCW 35.67.200 through 33.67.290. (2) Notwithstanding subsection (1) of this section, such bond' may abolishment. The board may consolidate any two or P l t. i be issued and said in accordance with chapter 39.46 RCW. [1987 c more zones or abolish any zone pursuant to a resolution t ; y 167 1212; 1967 cx s. c 136 19,1 adopted by the board providing for such action. Before Masai roaslrretioa--S-rabllity-1983 a 167: See RCW adopting such a rCSOIUIIOn, the board shall conduct a 7a.46alo and note fouowing. public hearing notice of which shall be given as provided 3# by RCW 36.32.120(7), Any indebtedness of any zone or 7( l l Rmaar ads-11to for delinquent wnice charge zones which are nix lished or consolidated shall not be W aawadd by 1903 a 3154 The supervisors may aulh.dre the hau• impaired by their abolishment or consolidation, and the at?kaa yy sac of revenue bonds to finance any flood control improvement or board shall continue to levy and collect all necessary p'Wac a r , [ "A" 'Y norm weer control improvement. The bonds may be issued by the so- IA%CS and ASSCSSmCnis UOlll such debts are fettled. >? ? y?+ Ierv son in the same manner at prescribed in RCW 36.61.510 through Whenever twenty-five percent of the electors of any ( dl* ( twv,?y ° 3661.570 peruining to counties. The bond. shall be issued on behalf '1 r 3 of The cane or participating zones when the improvement has by the zone file o petition, meeting the requirements of suff• tv resolution, provided in RCW Re.tS.110. been found to be of benefit to Ciency set forth in RCW 86,15.020, asking that a zone v (M)FdI s R11k 36 RCWy 391 ., ? t 1 u t r -r „ti I t ? du!t r t ., x t pt { s v 2 v r (? - S t r.? t {J e 14?sr1F - t ?o v1 r( r ;? } *,.,,..... _.,.....---..-........-..,ate, - -71 n _ . gy 1 86.15.200 Title 86 RCW: Flood Control i v 3' 0 fr ' 'ems ll . t r i 8li e t'u s - `a f be abolished, the board shall: (1) adopt a resolution abolishing the zone or (2) at the next general election place a proposition on the ballot calling for a yes or no vote on the abolition of the zone. [1961 c 153 § 20.] 86.15.210 Transfer of property. A diking, drainage, or sewerage improvement district, flood control district, diking district, drainage district, intercounty diking and drainage district, or zone may convey title to any prop- erty improvements or assets of the districts or zone to the county or a zone for flood control purposes. If the property improvements or assets are surplus to the needs of the district or zone the transfer may be made by pri- vate negotiations, but in all other cases the transfers are subject to the approval of a majority of the registered voters within the district or zone. Nothing in this section permits any district or zone to impair the obligations of any debt or contract of the district or zone. [ 1983 c 315 §25;1961c153§21.1 Sevembl0ty-1983 c 315: Sc , note following RCW 90.03.500. 86.15.220 Planning of improvements. Nothing in this chapter shall be construed as limiting the right of coun- tics under the provisions of chapters 86.12 and 86.13 RCW to undertake the planning or engineering studies necessary for flood control improvements or financing the same from any funds available for such purposes. [1961 c 153 § 22.1 86.15.230 Public necessity of chapter, This chapter is hereby declared to be necessary for the public health, safety, and welfare and that the taxes and special as- scssments authorized hereby are found to be for a public purpose. [1961 c 153 § 23.1 86.15.900 Severabilily-Construction-1961 c 153. If any provision of this chapter, as now or hereafter amended, or its application to any person or circum- stance is held invalid, the remainder of the chapter, and its application to other persons or circumstances shall not be affected. [1961 c 153 § 24.1 86.15.910 Construction of chapter. This chapter shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally con- strued to accomplish its purposes. Any restrictions, limi- tations or regulations contained shall not apply to this chapter. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. [1961 c 153 § 25.1 86.15,920 Titles not part or the chapter. The section titles shall not be considered a part of this chapter. (1961c153§26.1 Chapter 86,16 FLOOD CONTROL ZONFS RY STATE Sections 86.16.010 Statement of policy-State control assumed. $6.16.020 Regulatory control, how exercised. Md. 86 RCW--y 601 86.16.025 Authority of supervisor. 86.16.027 Authority of supervisor-Rules. 86.16.070 Authority of supervisor-Employment and purchasing. 86.16.035 Authority of supervisor-Control of dams and s ryn? obstructions. ;v + .b• w Y 86.16.040 Authority of supervisor-Survey of flood control needs. t 86.16.050 United States maps as basis of control zones. 86.16.060 Flood control zones-Establishment by supervisor. 065 Flood control zones-Alteration and revision. 86 16 hdx? q ? . . 86.16.067 Flood control zones-No tice-Publication- Contents-Objections tps, , . 070 Flood control zones-Presumption as to notice- 86 16 Yi . . ing zone or chan blishin O d t v j . g g er es a r 86.16.080 Permit for improvement-How obtained- ,w+ Emergencies. 86.16.085 Delegation of permit program. rovements without permit as nuisance- 86 16 090 I a t9 d;' '?' . . mp Abatement , . 86.16.095 Prohibitions in RCW 86.16.080 and 86.16.090 inappli. ry i - cable to certain structures and property. - 86.16.100 Nonliability of the state. 86.16.110 Appeal-quy, bond-Costs-Effect of supcrvi- I sor's decision-Attorney general legal advisor. 86.16.120 Flood damages defined ? ' 86.16.130 Supervisor's other powers and duties unaffected by chapter. 86.16.150 Severabihty-1935 c 159. d ' f k ? . 86.16.160 Local programs not prevente 86.16.170 'Supervisor of flood control' defined. ? 86.16.900 Chapter liberally construed. 86.16.010 Statement of Policy late control as- sumed. The alleviation of recurring flood damages to public and private property, to the public health and al resources t f h e na ur t safety, and to the development o of the state is declared to be a matter of public concern, and as an aid in effecting such alleviation the state of b n Washington, in the exercise of its sovereign and police i powers, hereby assumes full regulatory control over the I Ty+ navigable and nonnavigablc waters flowing or lying , ? b ' within the borders of the state subject always to the fed- I eral control of navigation, to the extent necessary to ac- complish the objects of this chapter. 11935 c 159 § I; RRS § 9663A-1.1 86.16.020 Regulatory control, how exercised. Slate I? regulatory control shall be exercised through regulatory t f - orders, the designation of flood control zones and the is. t+ - suance of permits, as hereinafter provided, and shall be 1{ exercised over the planning, construction, operation and maintenance of any works, structures and improvements, " - private or public, which might, if improperly planned, - f: constructed, operated and maintained, adversely innu• encc the regimen of a stream or body of water or might adversely affect the security of life, health and property (1935 c 159 § 3; RRS § flood water e b ainst dama a . y g g 9663A-3. FORMER PART OF SECTION: 1939 c 85 f 1 a ` § 1 now codified as RCW 86.16.025 and 86.16.071.1 h ` y 86.16.025 Authority or supervisor. With respect to t such features as may affect flood conditions, the state 4 .,Y supervisor of flood control shall have authority to exam. '. inc, approve or reject designs and plans for any structure r 1 or works, public or private, to be erected or built or to be u :, reconstructed or modified upon the banks or in or over (1011 fd 1 V 1 t ? 7 lU t? 1,1 1,.r JJ -. f A, .,:: L 1 G' dYar !mat 7 '9M1'""n l I 1 It f I r. 2p{?.", tlN1? )r -J?'??tl ?(? 1. .r, ;? ?? ?• ll -saasiall v6? l 1 r t;,? I JR c '.+r r t G tJ t!' 7f?i x 4? l1 ? S ; ? 'I? l ppp tl t 1 i 11 r I I j i ryy', ll t - t rr?7 4 ,M1 T ' "rfnJ' c , r--DEPARTMENT OF REVENUE TAXING DISTRICTS • ASSESSED VALUE 100X R.C.W. 84.33.050 amended by chapter 347 TIMBER ROLL ADJUSTMENT FACTOR FROZEN AT 80% per letter Dept, of Revenue 5/1/79 STATE SCHOOLS 840,873,212 16,825,536 COUNTY 840,873,212 16,825,536 ROAD DISTRICT 634,050,565 16,823,973 PORT OF PORT TOWNSEND 840,873,212 16,825,536 PAD. NO, 1 840,873,212 16,825,536 CITY OF PORT TOWNSEND 206,822,647 1,563 FIRE DISTRICT NO, 1 141,895,494 41,645 FIRE DISTRICT NO. 2 82,199,159 101,257 FIRE DISTRICT NO, 3 144,029,098 6,386 FIRE DISTRICT NO. 4 65,273,046 18,886 FIRE DISTRICT NO, 5 30,024,316 630,124 FIRE DISTRICT NO. 6 84,248,017 250,517 FIRE DISTRICT NO. 7 1,599,640 HOSPITAL DISTRICT NO, 1 24,823,814 12,124,104 HOSPITAL DISTRICT NO. 2 815,745,413 4,701,430 WATER DISTRICT NO, 1 4,456,988 WATER DISTRICT NO, 2 854,251 WATER DISTRICT NO, 3 2,574,454 JEFFERSON COUNTY RURAL LIBRARY 634,050,565 16,823,973 rUnL1c U'1'1LITILS (1982 VALUES) ' STATE TIMBER SALE VALUES (8-1-82 thru 1-1-83) NOT INCLUDED EXCESS INVENTORY VALUES NOT INCLUDED ,??b ? 1 A 1 o-$xY?' ?{ a .a?8 L?,,T"".?"?? ? . ?'t,4? f L'???}, !?•? 4?a , ti '1 a.n .. '1JE1$`,`?4 ?'1'? 4s?1 ,'N'G : ?. ?4???w r _ 7 II t t ? S C?l yy ?Z f i - # ??;? tJ?4 A nnwMwfn.Znn. 4 -gYU• -. .'? '? .????R..m9?'? ? ?Y+d.:,:.:R5,9?f0L.n -... ? ,e ??. •r . N ...... ®r". NPSEN-PL-RP (9 0 DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX C•3755 SEATTLE. WASHINGTON 98124 Milt Sandstrom, Director Jefferson County Public Works Jefferson County Courthouse Port Townsend, Washington 98368 Dear Mr. Sandstrom: - _1)ojecvd4l 6:1"? WNW- r r:,... ; , c l w. C JAN 2 2 1982 We are initiating detailed studies for flood protection on the Dosewallips River in the vicinity of Brinnon, Washington, under authority of Section 205 of the 1948 Flood Control Act, as amended. A copy of our Section 205 recon- naissance report, completed in July 1981, has been included for your infor- mation (Inclosure 1). Many flood damage reduction alternatives were identified during the reconnaissance study. Based on office estimates, a levee to protect the Lazy C development, Brinnon Flats, and the state park was found to be economically justified. This is a preliminary finding and subject to change, based upon public input and detailed engineering, econo- mic, and environmental studies. The detailed project report is scheduled to be completed in 1984. We will be in contact with you as our study progresses and as additional information becomes available. Should you have any questions or comments, please write to D.S. Army Corps of Engineers, Seattle District, Post Office Box C-3755, Seattle, Washington 98124, or call Ms. Linda Smith, Study Manager, at telephone (206) 764-3620. This same correspondence has been sent to those listed in Inclosure 2. Sincerely, } ,y ??`' rl••„!!??"VV????//JJ4 Jay 2 Incl NORMAN C. RINT2 As stated Colonel, Corps of Engineers District Engineer < a t ,?,?y a: RECEIVED -?" Y?tir JAN 251982; r, r JEFFERSON COUNTY I- r ENGINEERS OFFICE 7//oor /v?rfJ ?J1 ?//''111 ?7 s %"? ,,1? ,/li! ?G9r1 k il+'?,f dr Yr PC-f ? L 1 l,;?r '??{ ? f `'SCE' nt/ Ylr "erwf ql".( /1.7rraG°tfi/f rG ?y },'? t ,?, M rJ 25 ?'? r a ? ? 7? /lscey/?tE„ /'.?V.c, CP.."G/; /N7 v 1 ? :T •r?? r• • t + , r Y• a 4e'( nl -t' flir,'e? y. ,71 a 3A4, 11 @ rk jrf arv 4v? ? t 77 , r +,y ,•xtir F 401 a ? i^ r 1 ! r i i? JrIP °' k ?t t,. % ?y l 1 - _ . dot( .I.....n w-_- .... .. - r..-. _s_i?-__a_.?.-1_?....? S... s; 1.J-'?.:'.,?..._'..'.?.. R.q .d..IL S 1-...:••N _ .....1....xi nq' uLL n- COU '1 i Ci R cJ D c'JI 1 -_ -- ----- FILL f -----_I ? _. DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C-3755 F3 SEATTLE. WASHINGTON TON 96124 t NPSEN-PL-Rp 31 JUL 1981 $ . SUBJECT: Favorable Section 205 Reconnaissance Report, Brinnon, Washington Commander, North Pacific Division , 1. Authority. This reconnaissance report is submitted under the authority of Section 205 of the 1948 Flood Control Act, as amended. In a letter dated 27 February 1980 (inclosure 1), Jefferson County requested Federal assistance in providing flood protection for the Brinnon vicinity. 2. Location. The study area (inclosure 2) is on the Olympic Peninsula in northwestern Washington State. The Dosewallips River rises in the Olympic Mountains and flaws about 30 miles eastward to its mouth at Hood Canal. Near its mouth the river passes through Brinnon which includes unincorporated areas of Lazy C, Brinnon Flats, and Dosewallips State Park. 3. Existing Flood Protection. In previous years training dikes and a low levee have been constructed along the Dosewallips River upstream from the U.S. Highway 101 bridge. Prior to 1957 the State Park land was privately owed. Shortly after the 1955 flood, the owner used river-deposited gravel to construct a dike about 200 feet long. About 1957, Washington State ?s Parke Commission extended the dike to a length of 500 feet and strengthened it with armor atone weighing about 1,000 pounds. The dike was severely dam- aged by high water in 1964. Washington State Department of Transportation has constructed a training dike which extends about 200 feet along the left bank of the river upstream of Highway 101. The dike is faced with heavy riprap and guides the river toward the highway bridge and away from old overflow channels. In February 1980 Jefferson County built a low levee just upstream of the dike to provide some protection to several homes. 4. Flood Problems. Wind and weather patterns during the winter months frequently cause heavy rain and rapid melting of the heavy snow packs in the Olympic Mountains, with resultant large and rapid fluctuation in the Dose- vallips River. Flooding in the lower reaches of the river is aggravated by shallow gravel bare and the deposition of debris. Flood damage occurs along the left bank at the Lazy C and along both banks of the river in the vicinity of the State Park and Brinnon Flats. A 32-acre campground area on low land adjacent to the right bank in Dosewallips State Park has been inundated by the Dosewallipe River many times since 1955. Water depths varied from 1 to 4 feet, while flooding lasted from 1 to 5 days. The left bank area of Brinnon Flats, about 75 acres, is also subject to flooding of residential and commercial structures. f7 -- loop, Y 4 u NPSEN-PL-RP SU J F e B ECT: Favorable Section 205 Reconnaissance Report, Brinnon, Washington ' .. 5. Stream Characteristics. The Dosewallips River drains approximately 117 s al 3 quare s es on the easterly elope of the Olympic Mountains in western 3 Washington. Most of the watershed is rugged, mountainous terrain, with peaks reaching an elevation of 7 900 f t H , ee . eavy aggradation has resulted in continual changes in the river channel. In the upper 25 miles, the river flows through a narrow valley with an avera e fall f b g o a out 230 feet per mile. The lower reach in the vicinity of Brinnon passes through lowlands subject to inundation. The gradient in this reach averages about 15 feet per mile, and the low-water channel varies from 100 to 150 feet in width A . U.S. Geological Survey streamgaging station, about 7-1/2 miles upstream of ` Brinson (drainage area 93.5 square miles), was in operation from 1931 to 1968. The largest flood of record (November 1949 with a discharge of 13 200 u , cubic feet per second (c.f.s.)) corresponds to about a 100-year flood. A 10year flood has an estimated peak discharge of about 7,700 c.f.s. 6. Alternatives Considered. Preliminary studies were made of levee improve- ments for Lazy C, BrUmon Flats, and the State Park. Also, at the request of Jefferson County, a damsite was investigated at river mile (R.M.) 1, - between Lazy C and Brinnon Flats. A geological reconnaissance was made of _ - '' the R.H. 1 site and another site upstream near R.M. 3. At R.H. 1 the Dose- wallips River flows across bedrock for about 300 feet. Bedrock rises 10 feet on the left bank and about 50 feet on the ri ht bank d i th l i ns g an s en over a n by the glacial outwash terrace, composed of sands, gravel silt, and till, and ? n k is not the bottom of the preglacial valley. Since there is no way to esti- ?•?;? Y sate the thickness of overburden within the buried channels on either side _,, of the present bedrock channel, it is unlikely that the H.H. 1 site would be k' suitable for a dam because of the pervious foundation and the great extent of leakage control (blanketing reservoir sides with silts and clays) which would be required. The damsite at R.M. 3 appears more suitable than the ' my H.M. 1 damsite. A study made for a dam at the R.M. 3 site indicated that a multipurpose (flood control and hydropower) dam with a hei ht f b t w g o a ou 100 feet (about 109000 acre-feet storage) would coat about $50 million, would d b Y ai ' pro uce a out $2 million annually in hydropower, flood reduction and i J recreat on benefits, and have a benefit-cost ratio of less than 0.5 to 1. I dditi b 5E n a on, a out 250 acres of bottomland and 2.5 miles of river would be i t t nundated, which would significantly impact existing wildlife and fishery x resources. `..? ?- 7. Most Feasible Alternative. The design of the alternative considered + ' most feasible for reducing flood damages in the Brinnon vicinity consisted r of construction of three levee segments to protect Lazy C, Brinnon Flats, and the State Park, respectively 3,900 feet, 3,600 feet, and 1,900 feet I Thi " .E. s alternative would provide 3 feet of freeboard above the design 4 Mk 100-year water surface profile. The design and layout of the levee is shown i l t i 1 ` on nc osure 2. Embankment material is available in Brinnon and the riprap i ? (iP p; source s at Eldon (about 10 miles south). During detailed project report (DPR) studies, in cooperation with the Washington State Parka Commissi t 2 i ? 9; rrt? ti ' r??i fi, y, on, the design of the levee will be refined to provide appropriate landscaping and river access in the State Park. yt?.{? J` 2 { r 77 4 .; s M'y'-. • itt `w? %Yi `Y ' . i ? R, 9x l .7:Ra ?? - _... _ ._ ? ._.. Y' ?S. ?.3L.... 'iii +? ! 'Y. d ? •g srv' ' NPSEN-PL-RP ? SUBJECT: Favorable Section 205 Reconnaissance Report, Brinnon, Washington •'. S. Preliminary Analysis of Environmental Impacts. The principal commercial and sport fish produced on the Dosewalli s Riv hi p er are e .nook, chum, cobo, and pink salmon and ateelbead and cutthroat trout. Both pink and chum salmon spawn in the project reach. Wildlife usage in the area is largely small 3 mammals and birds. Vegetation along the project reach is mixed coniferous- deciduous forest with the overstory dominated by bottomland species such as ?f , alder and cottonwood. The primary environmental consideration in project desi n is rot ti f h c" ' g p ec on o t e riverine environment to minimize adverse impacts to fish and wildlife, esthetics, and recreation activities in the Dosewalli s ' p State Park. Construction of the most feasible alternative would result in the loss of approximatel 3 0 f y . acres o riparian habitat and 2.5 acres of aquatic habitat from levee construction along 3,900 feet of the river and the additional lose of 6.5 acres of wildlife habitat from construction of Ne 5,500 feet of levees net back from the river's edge. All levees would be seeded with native grass species as a project feature. Unavoidable habitat _ losses and the associated adverse impacts to fish and wildlife and esthetics could be further reduced through limited vegetative plantings. The most feasible alternative is consistent with future plans for the Dosewallips State Park and should have only minor impacts on recreation. There have been no prehistoric cultural resource (CR) sites recorded in the area and no sites are listed or determined eligible for the National Register. However, since the area of the proposed levee has a high CR potential, a CR recon- naissance would be done during DPR studies to determine whether a CR survey L; and/or salvage are warranted. 9. Preliminary Estimate of Flood Damages. Brinnon includes three geo- lei graphically distinct areas: ';i Area I. Brinson Flats is located on the left bank of the Dosewallips River. The flood plain consists of approximately 75 acres and includes _ 21 homes, 10 mobile homes, 12 commercial establishments, three public facil- ities, and approximately 6,000 linear feet of roads and streets. Residential homes range in value from $25,000 to $55,000 with an average of $34,000. Total damages for a 100-year event are estimated at $760,000. Damages in the December 1980 flood (about a 5-year flood) were estimated to be $87,000. t•F Expected average annual damages are estimated to be $76,300. Area II. The Dosewallips State Park area is located on the right bank of the Dosewallips River and west of Highway 101. The 32-sera flood plain includes 27 campsites, 80 trailer sites, picnic tables, stoves, two comfort stations, and approximately 2,000 linear feet of paved driveway. Damages 10 f or a 0-year event were estimated at $217,000. The December 1980 flood caused approximately $44,000 damage, including the ermanent l f f i p oss o our campsites. Expected average annual damages are estimated to be $269600. Area III. The Lazy C is located on the left bank of the Dosewallips River approximately 2 miles upstream of Brinson. The flood hazard area includes 35 permanent residences and 37 part-time id i res ences rang ng in 3 r' x EPSEN-PL RP x F? - SUBJECTS Favorable Section 205 Reconnaissance Report, Brinnon, Washington value from $10,000 to $20,000. If the 100-year event occurred under today's prices and conditions, $342,000 in damages would be expected. The December -1980 flood caused $163,000 in damages. The majority of theme damages were land erosion and road damage. Expected average annual damages are estimated s - to be $81,800. Thus, the damages to Brinuou during the 1980 flood were $294,000. The 100-year event under today's prices and conditions would cause about tt $1,319,000 damage with the expected average annual damages of $184,700. ; 10. Preliminary Construction Cost Estimate. The total estimated coat for the three segments of levee system is $1.3 million. The non-Federal coat, which consists of the cost of lands, easements, and rights-of-way and :t+ required building, highway, and utility relocations, is estimated to be $86,000. Table 1 summarizes the costs. - TABLE 1 y ? BIIHiARY OF COSTS S (June 1981 Price Level) Construction Cost $971,000 m may` Relocation, Lando, and Rights-of-way 86,000 q 41 Supervision, Administration and Inspection 95,000* e Engineering and Design 148,000 a r_, Total Costs $1,300,000 ?z GE D W. RICE Chief, Specifications and Estimates j Section 40'' 11. Preliminary Benefit/Cost Evaluation. Average annual flood damages within the flood hazard area are estimated to be about $185,000. The most r ,.5'• feasible alternative would provide 100-year frequency flood protection and reduce these damages to about $18,000, yielding average annual inundation reduction benefits of about $167,000. Based on a 100-year period of economic` analysis and an interest rate of 7-3/8 percent, table 2 summarizes annual M benefits and costs for the most feasible alternative under existing condi- tions. Comparison of annual benefits and costs yields a benefit-to-cost e vr .? ratio of 1.7 to 1. A determination of future benefits was not undertaken in 7?l,s?Tt this reconnaissance study because the benefit-to-cost ratio under existing o- VA conditions was above unity. An analysis of future benefits may result in an Ya a i 401' dY.y increase in the benefit-to-cost ratio. The Lazy C has an incremental benefit-to-cost ratio of 2.3 to 1 and the downstream levee system has a ?4esx.e}?.'? 3 z ratio of 1.4 to 1.:.. NPSEN-PL-RP SUBJECT: Favorable Section 205 Reconnaissance Report, Brinnon, Washington TABLE 2 BENEFIT-COST COMPARISON (June 1981 Price Level) Benefits Inundation Reduction Benefit $167,000 Costs Interest and Amortization $96,000 Operation and Maintenance 4,000 Total Annual Cost $100,000 Benefit-to-Coat Ratio 1.7 to 1 12. Detailed Project Report (DPR) Cost Estimates and Schedule. Cost esti- mates and study descriptions necessary for preparing a DPR are provided in inclosure 3. A network scheduling DPR studies is provided in inclosure 4. As is shown on the study network, the DPR has been divided into two study phases. If a feasible project is indicated in Phase I of the DPR, the study will proceed into detailed Phase II work. In order to minimize DPR study coats, other structural flood damage reduction alternatives will not be con- sidered unless information developed during the Phase I DPR study indicates that the alternative considered most feasible in this reconnaissance study is inadequate. However, nonstructural measures will be evaluated. During Phase I, the levee alternative considered in this reconnaissance study will be designed, atandard project floodflow estimated, and level of protection determined. This level of protection will provide the basis for the detailed project design to be performed in Phase II of the DPR. 13. Recommendations. In view of the above considerations, I recommend that the preparation of a DPR be authorized under authority of Section 205 of the 1948 Flood Control Act, as amended, and that funds in the amount of $369,000 be made available for this work. 4 Inc1 as Mel , Corps of Engineers and ing 5 y O P V t a z a e d _ - Your letter outlined the criteria which would be used to judge any flood control project and, on page two, outlined a number of provisions requiring local agreement. We are particularly concerned about items c and g, the agreement to maintain and operate the project and to assume full responsibility for all project costs in excess of the federal cost limitation. It is the general consensus of the Board of Commissioners that if a flood control project is authorized the cost in excess of the federal funds authorized and the expense of maintenance should be paid by the property owners who will directly benefit from the project. our thought is that assurance for payment of those expenses could best be met by a Flood Controi District for the area. Such a district is authorized by the Revised Code of Washington, Title 86. Could the guarantees which you require be provided by such a Flood t Control District? We request that you proceed with the reconnaissance study, and request that you advise us on the question of whether the guarantees can be sr? I 1 la ,?d i Y?' Hspl h.v T r N L???? "'?7'??'?ry.?Q .YV r cal ,?'y?"' T 4T + rJ ar nir` nrt a T ? ;,i ?qr ? ;?? k ?p 0 J r ? -' ?Yd ?? a du r a, ^ f yV? k^{?C ? : c r a r a u ?? ,. I , ? ,1u7 s ?? r id? 1 I? ? 4?? a?f r v r ,?, r Q?? i a A. M. O'Meara, Chairman Jefferson County Board of Commissioners _ dlm cc: Mr. Milton L. Sanstrom •41 ^ 1 y :S i,K ?? SAME CORRESPONDENCE SENT T0: 7 W. M. O'Meara, Chairman Jefferson County Commissioners - Jefferson County Courthouse Port Townsend, Washington 98368 ??. Hr. A. R. Morrell F Washington State Department of Transportation RI Post Office Box 9327 n Olympia, Washington 98504 Joe A. Taller, Director Office of Financial Management i 101 House Office Building Olympia, Washington 98504 Karen Rahn, Director -J " _ Office of the Governor - • r i Planning and Community Affairs Agency ;+,Sj 400 Capitol Center Building ?? . Olympia, Washington 98504 Director Jefferson-Port Townsend Regional - $ Council Jefferson County Courthouse Port Townsend, Washington 98368 " ?f ? wn?; p?, Vt Public Utility District No. 1 = ._ ° t Jefferson County Courthouse Port Townsend, Washington 98368 ym„? Joseph R. Blum, Area Manager U.S. Fish and Wildlife Service Division of Ecological Services 2625 Parkmont Lane, Building B-3 Olympia, Washington 98502 Skokomish Tribal Council Route 5, Box 432 Shelton, Washington 98584 Mr. Chuck Steele Federal Emergency Management Agency Federal Regional Center 130 228th Southwest Bothell, Washington 98011 5 ?-'- Mrs. Anne and Miss Eleanor Sather A Whitney Nursery Post Office Box F • Brinnon, Washington 98320 '„-? Mr. Tom Miller s Environmental Protection Chairman Northwest Steelhead and Salmon Council of Trout Unlimited 26811 Military Road, South Kent, Washington 98031 Lary C Club Post Office Box 119 Brinnon, Washington 98320 Steelhead Trout Club of Washington 22244 Southeast Fourth Redmond, Washington 98052 Milt Sandstrom, Director Jefferson County Public Works Jefferson County Courthouse Port Townsend, Washington 98368 •h Frank Rush, 06M Manager Bonneville Power Administration t 415 First Avenue North, Room 250 m Seattle, Washington 98109 Mr. Cliff Durbin Trout Unlimited Post Office Box 740 Renton, Washington 98055 d- Mr. Mike Matthews Post Office Box 183 Brinnon, Washington 98320 Ms. Jackie Corey Post Office Box 14 Brinnon, Washington 98320 Mr. Ed Maier Post Office Box 204 Brinnon, Washington 98320 Ms. Mary Zellmer Post Office Box 222 Brinnon, Washington 98320 0 11117 r a? % r 4 • i ? f S ?yl J ? - 1 4 t 'b r i ?l V ? re JMV Mr. and Mrs. Howard Flamers Post Office Box 206 Brinnon, Washington 98320 Mr. George A. Burkhart Jefferson County Fire Commissioner Post Office Box 187 Brinnon, Washington 98320 Mr. Russell Corey 465 Dosewallips River Road Brinnon, Washington 98320 Mr. Ervin M. Burge Post Office Box 192 Brinnon, Washington 98320 Ms. Peggy Millard Peg's Alpine House Restaurant and Lounge Post Office Box 67 Brinnon, Washington 98320 Mr. Melvin Thompson 555 Black Point Road Brinnon, Washington 98320 i i Mr. Robert E. Thomas Brinnon General Store Brinnon, Washington 98320 Ms. Linda L. Lax 700 Dosewallips River Road Brinnon, Washington 98320 Mr. William G. Duesing 125 Bee Mill Road Brinnon, Washington 98320 Mr. Stan N. Johnston Post Office Box 176 Brinnon, Washington 98320 Mr. Joseph B. Clark 460 Duckabush Road Brifnon, Washington 98320 t r ,6 _ .,.sYC4LLLLML W?lGfs? .: ,, E -"' Mr. and Mrs. Floyd Chapman _ ,? Brinnon, Washington 98320 ew Mrs. Merle Flock ` Flock-In Trailer Park a ?..?' Brinnon, Washington 98320 Mr. and Mrs. Mark Caldwell _ Post Office Box 33 - Brinnon, Washington 98320 1 Mr. and Mrs. Pete Piccini P t Offi 1 ` os ce Box C Brinnon, Washington 98320 } -.. Mr. and Mrs. Phillip Wilson K; Post Office Box 279 P Brinnon, Washington 98320 fj1 ? Mr. Edward Holing Post Office Box 105 Brinnon, Washington 98320 Mr. Loren M. Bryan[ Post Office Box 111 :.F - Brinnon, Washington 98320 7w Mr. and Mrs. Oliver Olson Post Office Box 182 d..-... Brinnon, Washington 98320 - Don Buchmann, Chief a Jefferson County Fire District No. 4 115 Trailwood Drive - Brinnon, Washington 98320 M r- ' p r. Donald Corey Brinnon, Washington 98320 Mr. and Mrs. Chico Alvarez ' Brinnon Booster Club } • Seal Rock Drive . Brinnon, Washington 98320 ? c x i Hr. Barney Munden Jefferson County Fire Commissioner " ' Olympic Canal Tracts ,.? Brinnon, Washington 98320 `i t 4 .3 y r ?iad .. S , R K Al" 14:-. t u Ff F. 1 C of dt ' •"?.se G '? N `I ?.m?{ '" ? ' l • ? ? xjsm env ?_G.tm i in nfz. r?a 'y q ,. Y ? ?.. • 1. ? 6 Bob Taylor, Environmental Coordinator Bureau of Indian Affairs ,! ` Portland Area Office Post Office Box 3785 a Portland, Oregon 97208 Bert Larkins, Regional Director -., Pacific Northwest Region National Marine Fisheries Service ; h,• 7600 Sand Point Way Northeast Seattle, Washington 98115 Richard D.Beaubien, Forest Supervisor Olympic National Forest Post Office Box 2288 Olympia, Washington 98507 - Rolland A. Schmitten, Director r Washington Department of Fisheries General Administration Building ?'"`_ i Olympia, Washington 98504 Frank R. Lockard, Director - '• Washington Department of Game 3r ,y 600 North Capitol Way Olympia, Washington 98504 ! ,?r Seattle Audubon Society 619 Joshua Green Building ' r ^' Seattle, Washington 98101 p Administrative Coordinator Washington Environmental Council 107 South Main Street Seattle, Washington 98104 7 ' Northwest Office Friends of the Earth h 4512 University Way Northeast p ,, A Seattle, Washington 98105 A; tT a ? any. a , vat ? . e5 ? r b Mr. Al Girsch . Ranger Dosewallips State Park Brinnon, Washingtoc 98320 v, ll Mr. David.Hagen - Post Office Box 207 .,?.' t. Brinnon, Washington 98320 J Ms. Leslie Britt Post Office Box 22 Brinnon, Washington 98320 , w 4f A r,?,xH s hr , t !ftjkW lip T, oa « a `ire' S 7. _ q ; tPY ? t?'i ?l r . , % 7e! h". Mr. Brian Shelton , P.E. ' 1820 Jefferson St . Port Townsend, WA 98368 Dear Mr. Shelton: N October 19, 1984 .fiG`?/G.. E7? /??ZS? ?yL The enclosed information regarding the Flood Control Maintenance program is intended to supplement that which was sent to you on September 10, 1984. This program will provide funding from the Flood Control Assistance Account (FCAA) for local maintenance projects. The account was established by Substitute !louse Bill 1531, which has been incorporated into Chapter 86.26 RCW, State Participation in Flood Control Maintenance. The enclosed information includes Lite following: Chapter 86.26 RCW (as revised by SHB 1531) Chapter 173-144 WAC, the emergency rules regarding the administra- tion of the Flood Control Assistance Account Program (FCAAP) A suggested application form for project assistance. Applications for project assistance must be processed through the county t engineer of the county within which an application is made. Those appli- cations must be received by your county engineer in adequate time that he can submit it to the Department of Ecology by November 46P1984. The _ department must then submit the prioritized pro' ectlist for legislative consideration by December 14, 1984. Once approved by the Legislature, funding for the approved projects will be available on July 1, 1985. If you have questions about the program or need help with the preparation of an application, please contact your county engineer. You can also contact Ed flammersmith of my staff at (206) 459-6288 or myself at (206) 459-6320. Sincerely, I 1 1 r 0. Rodney Mack Supervisor Shorelands Division DRM:ac Enclosures (3) -?' ?*'• E/ !.. ?t ... [FaT .,q'+"l A`Oa! l"? 147P d "' ?'1"1iRRrt?4kF r SriY."" ?'' 1 .YP?Nr "w"7 ? ,h4a A SLR , {' i .} & f ? , z w '( t rl ` pJ I 4 k 1 i ?;? 1`r rr t + , ? ?? y ?? ? I r 1? . y MM 1 ?. 41, ` , . .1 w , PM • ADPLK `fDN 1OR Pltl lTliC'I' htiS L7,Wl l I•11IIiRC1:NCY I'RC d H ' . . l yus O Na O &?A V I001) 0ONI'ItO1. A.;S1S'I'ANCI: AC:C7xiN'I' IKl10M (CII. 86.26 RCW) a. ' ? L. VVE AND ADDRESS OF APPLICANT C(AIN LY I:.NGI.NE-,N Nam,.: t (County or Municipal corpora[i.on with mailing and location address) uicdress? - Phone ii ?flS '' - - 3. PDaJEOT TITLE, DESCRIPTION AND LOCATION • ,. PIt(l]'CI' CON'PACT PERSOfJ Nano Address - Ti I. lu I YPCMA11-'D P oji.:e' CQSI (Collars) r ) IAa:al ""care State Cr::urC Othe, Total Cost k G. I"LOW F=?UCNCY PRO'PECPION PROVIDED BY PROJECT' (Attach vicinity map and sketch to identify water body name, stream raver mile and y,lneral plan nup; Scction, township, r.usge, (.Itc.) Projects duration Unincorporated Area O Incorporated Area O Nan-- of City or Town Prior Yrs; Present _YCars; Future ---Years Not Applicable 7. HIUEF DESCRIPTION OF PRQ7FCT BENTITS - Dascrih-- tlx: development which exists on "ids protected by project facility and how this project will mitigate flood damages. (Attach detailed description it necessary) It. (1-UR USE BY CITIES AND 'LU9NS ONLY) A11A'1' IS TIU•: STATUS OF APPLIGWI"S (XPTR?IIFNSMV, I.'O:JOU CC)N PCCOL MANAGCMhNI' PI11fJ? C'arypleted CD Preparation Underway Anticipated Completion Date 9. SII:NA'lUltli OF AU'111ORI?2D APPIACAN'I' ItEP121sI:N1'A'1'1Vli Iyp_,i Nano aril Ti I. lc Phlonc # Datc 10. SPAIVS OF CCIMPREIIFNSIVI, FIL") CONTROL MANV 71U:.fl' PIM (1Y)It MIS PROJECT') Canpleted O Preparation Underway OJVItic.i.pat d Completion Date - ^ Certification by County IYlginrvr• _._ „ Date (to thtj: best of my knowlcrklu CI><i iilov? -i.nCoriikitiori Ids corrUCt)`-----°' """-'-'- RIVISED 10-24-84 County Priority Rating of 3 ,< I.txf t? ,, ? 4 ; p ? I"' 41 7 1 •1( ?, s ? ? ss t '?`iq?grrsf :?? 4 P 5 ?'T It ?. 19°+?'PSS 1 Y?LI F'i F t? a _VY}Af i - _ ?1 1 III I'.9 it uf'?sr Lt _ + w ?st?,>If++, IY t ?? ( ?k 1 +x t s ?1tj,i ,?, } a NOW- A. ' - AH Ice i., nU? AN State Participation, Maintenance 86.26.060' .110, been found to be of benefit to a zone the administration and enforcement of all laws relating ting zones. The bonds may not exceed an eth i h a d to flood control. [1984 c 212 § 2; 1951 c 240 § 3.] er w t any outst n ing general obliga- dress, equal to three-fourths of one percent of taxable property within the zone or par- 86.26.020 Repealed. See Supplementary Table oC nes, as the term 'value of the taxable prop. Disposition of Former RCW Sections, this volu me. aed in RCW 39.36.015. The bonds shall be C_ 21d in accordance with chapter 39.46 RCW. 86.26.030 Repealed. See Supplementary Table of " § 62. Prior: 1983 c 315 § 21; 1983 c 167 § Disposition of Former RCW Sections, this volume. •, 153 § 17.] .984 c 186: Sec nose following RCW 79.46.110. -1983 c 315: Sec note following RCW 90.03.500. 86.26 Duties of local engineer-Approral of plans, etc., by department of ecology. Whenever slate .?. ruction $ertnbility-1983 c 167: Sce RCW 39- : following. gran Lt under this chapter are used in a flood control maintenance project the engineer of the count withi - ' , y n which the project is located shall approve all plans for z the project and shall su w ervise th k Th i ' p e or . e approval of u h l i ? Chapter 86.16 s c p ans, construct on and expenditures by the depart. ?. )D CONTROL ZONES BY STATE ment of ecology, in consultation with the department of fisheries and the department of game, shall be a condi- tion precedent to state participation in the cost of any n ;pealed, project. 11984 c 212 § 3; 1951 a 240 § 6.]' Repealed. See Supplementary Table of f Former RCW Sections, this volume. Chapter 86.26 tRTICIPATION IN FLOOD CONTROL MAINTENANCE and control assistanu account-F=blishment- lu. ministration and enforcement. paled. paled. do of local engineer-Approval of plans, etc, by cpartmcnt or ecology. rjau in which mate will participate-Allontion of mds. cation or fund,- -nual budget reports of municipal corporations- Alloation of funds. 't 86.26 .090 -Scope of maintenance in which state will participate. 86.26.100 A8rectrem as to W .'t. panici Lion-Limit on amount. 86.26.105 Comprehensive nood control management plan-Rc• clunemcnts-Time for x,mpleLioA, 86.26.110 Reputed. ° 86.26.007 Flood control assistance account- Es-tablishment-Use. The flood control assistance ac- count is hereby established in the general fund. At the beginning of each biennium after June 30, 1985, the state treasurer shall transfer from the general fund to t, the flood control assistance account an amount of money which, when combined with money remaining in the ac- count from the previous biennium, will equal four mil- lion dollars. Moneys in the flood control assistance account may be spent only after appropriation for a specified list of projects under this chapter. 11984 a 212 `a 86.26.010 Administration and enforcement. The de- partment of ecology shall have charge for the state of 86.26.050 Projects in whicb state will partici- pate-Allocation of funds. State participation shall be in such flood control maintenance projects as are ab fected with a general public and state interest, as differ- entiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto. No participa- tion may occur with a county or other municipal eorpo. ration unless the director of ecology makes a finding that the county, city, or town having planning jurisdic- tion over the area where the flood control maintenance project will be. engages in flood plain management activ- ities, on the one hundred year flood plain surrounding such area, that are adequate to protect or preclude flood damage to structures, works, and improvements that may be built within its planning jurisdiction on such flood plain after the request for state participation has been made, including restriction of land uses within a river's meander belt or floodway to only nood4eompati- ble uses. No participation may occur with a county or other municipal corporation unless the county engineer of the county within which the flood control mainte. nance project is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less. Such participation shall be made from grants made by the department of ecology from the flood control assistance account. [ 1984 c 212 § 4; 1951 c 240 § 7,] 86.26.060 Allocation of funds. Grants for flood con- trol maintenance shall be so employed that as far as possible, funds will be on hand to meet unusual, unfore- seeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with 11994 RCW supp-page 7511 ;J V 41 pb ` ?`_. ?!? b'ik >:Yp+nicj• ? 4t ?'{yd"??Lrty?3q?^°f1 N " - ? _.? ?F.`li2til..:? ?'aueirc _....tl?viil }.' ? f 0 .26.060 Ti a 86 RCW: Flood Control 4? } T ' unds provided by local authority, if any, under reason- work on the state's in-stream resources, and identify the 's meander belt'or Ooodway. A comprehensive flood i , of its emergency powers, shall be adequate bl exercise e and with due f life and property i ver r control management plan shall be completed and tion if h j (K5 , on o preservat the or similar needs elsewhere in the state. [1984 c egard to n r si e cert ica adopted within at least three years of t as provided in RCW 86.26.050. ared re bein i i i § 8.] c 240 § 5; 1 12 , p g p s that t If after this three-year period has elapsed such a plan . ; al con- f munici has not been completed and adopted, grams for flood lan a til d , p p 86.26.080 Annual budget reports o oratiorts-Allocation of funds. Any municipal corpo- p control maintenance shall e not be ma appropre un ocal author ate l completed and adopted by thi s"$ Ii, - '? r ation intending to seek start participating funds shall, tion of its annual l ado f ity. These limitations on grams shall not preclude alto- ursuant to RCW de ce x alb p ina within thirty days after p cations for emergency purposes ma ' budget for flood control purposes, report the amount h hi 86.26.060. 11984 e 212 § 9.1 ose n w thcreor, to the engineer of the county wit boundaries the municipal corporation lies. The county with reports engineer shall submit such rePoits, together On l 86.26.110 Repealed. See Supplementary Table of n of Former RCW Sections, this volume. i i i Orr ? , ogy. from the county itself, to the department of eco t o spos D . the basis of all such budget reports received, the depart- i ' nary ment may thereupon prepare a tentative and prelim the orderly and most beneficial allocation of f l g a , s an or p funds from the Good control assistance account for the Title 87 ensuing calendar year. Soil conservation districts shall be IRRIGATION e exempted from the provisions of this section. 11984 e 10 .1 212 § 6; 1951 c 240 § Chapters ation districts generally. i I I ?,Qq ' 86.26.090 Scope of maintenance in which state will cal ibl l l g rr 87.03 M ; o e ig participate. The state shall participate with e . authorities in maintaining and restoring the normal and Chapter 87.03 . . reasonably stable river and stream channel alignment IRRIGATION DISTRICTS GENERALLY ' and the normal and reasonably stable river and stream ( t v 1 , channel capacity for carrying off flood waters with a m of damage from bank erosion or overflow of i i Sections 016 District may pro•ida street lighting--Limiutiont. $7 03 ,, g mu n m adjacent lands and property; and in restoring, maintain- . . 87,03.01$ Creation of legal authority to carry out powers- d y w as ing and repairing natural conditions, works and strut- tenance of such conditions. The state i ness. Mcthoa--Indebte d s ^ot elections-Election " $7103.0$5 poet -organ ?aNO C. ' a n cares for the ma shall likewise participate id the restoration and mainta t mo 97 .03.435 Construction work-Bonds-No a-Bids- y nance of natural conditions, works or structures for the of lands and other property from inundation i Contracts. 97,03.460 Compensation and eepcnscs of directors, officers, 4 on protect or other damage by the sea or other bodies of water. u'mpsu's' paymdm to district for irrigable lands ae- 810 Lump sum 67 03 5 Funds from the (loud control assistance account shall not . . quircd for highway purposes. ivigable lands ac• f ti ' k ` be available for maintenance-of works or structures for the detention or storage of flood d solel i i or 67 03.815 Lump sum payment to district quired for highway purposes-Order relieving fur- V y ne nta ma u•alers. (1984 c,212 § 7; 1951 0 240 § l1.] Cher district attessmenu. pp,, 100 Agreement as to participation-Limit 86 26 87.03.016 District may provide street lighting-- to other po ers ddi i u n . . State participation in the cost of any flood on amo unt rovided for by a ll be h on t In a Limitations. I uci coos to law, an irrigation district u authorized y p a project control maintenance ect s memorandum agreement between the director of i or otherwise lease, purchase, I ctstrets and highways ti tten wr ecology and the legislative authority or the county sub stem t u crate a system for lighting P tract or contracts with electric n • milting the request, which agreement, among other things, shall state the estimated cost and the percentage and to enter into a con utilities, either public or private, to provide that service. pro- act entered into by the board for pro- t r1 thereof to be borne by the state. In no instance, except on emergency projects, shall the state's share exceed r However, no con viding street lighting for a period exceeding ten years is maj ority c one-half the cost of the project. 11984 c 212 § 8; 1951 a led t a?dceon cal f theupon clecton tofgthe di crier a v ct t $; , 240 § 12,1 o ot held, and canvassed for that purpose in the same manner s i r A 86,26.105 Comprehensive flood control management A eom• i l . on as provided by law for district bond elect The authority granted by this section applies only to y ! ? 18 on. et plan--Requirementx--Time for comp ntrol management plan shall deter- d c fl the has of a street lighting system i i i a t l 1 s 4 tit o oo prehcnsive mine the need for flood control work, consider d if on s t acqu or e urcha 1lease, P January 1984, or has entered into a contract for b f ' f y an alternatives to in-stream flood control work, ident acts or in-stream flood control l i i y that service by that date. 11984 a 168 § 1.1 t / + rf' f 1 mp a consider potent r E' 1 .753 119M ACW Supp-ya[ +' r ,+ K ? y. • t yN +? .1?nHn i w'? ? ? A r + 4'I t ? ? S 98{'Ri ?.}. .e L ` t.JGrdd:+! at,. ?ci , M r_ .er t,1c . ?L, r l^Y1 r, ? t, . r J a ? 1? f 4?_ • t r ell t< - r :P Y4 'C S? OBr AMD Chapter 173-144 WAC ?"• " ADMINISTRATION OF THE FLOOD CONTROL U Y x G ; ASSISTANCE ACCOUNT PROGRAM - - at _ z ArE? NEW SECTION • WAC 173-144-010 AUTHORITY AND PURPOSE. Chapter 212, Laws of 1984. Y i q?;rt: Regular Session, amended Chapter 86.26 RCW, Stale Participation in Flood Control Maintenance (the Act); RCN 86.26.010 provides that the Department of Ecology (WDOE) shall administer and enforce the Flood Control Assist- € e ante Account program (FCAAP) established by the Act. This chapter describes the manner in which WDOE will implement the provisions of the Act. v NEW SECTION ey 1"i,.r , . .(.WAC 173-144-020 ELIGIBILITY CRITERIA FOR FCAAP FUNDS. The fallowing ,. criteria will be used for approval by WDOE of a maintenance project appli- r flood control assistance funds. f i i o on cat (1) Eligible Municipal Corporations. Municipal corporations which are eligible to receive FCAAP grant funds include but are not limited to t counties, Citie6r tOwn6r conservation di6Cr1CC6, and special districts which have flood control responsibilities. 4ti at k r IM 4?FA, c r rhx. ww+ti ??? c6?+R?+.'rni q.r 'u uu? N s J ra nw„ rk,rn, uww r w, tipvy+uhe r? + at bE itf t S. r S ? 9 )1 .P Y ? Y1 ??( a ? ?hh r r! ? ?yill ? a }?M3 1` E f 7 1 ((p V'? ` y { ?? hy+ b r? Y a f? (2) Public Benefit. It shall be clearly demonstrated that the projects shall display a general public and state interest as differenti- ated from a private interest and they shall bring about public benefits commensurate with the FCAAP funds provided. (3) Permit Requirements. Prior to construction, the project must meet all applicable local, state, and federal regulation and permit requirements. (4) Comprehensive Flood Control Management Plan. The county or municipal corporation in which the project is located must either have a comprehensive flood control management plan completed and adopted or in preparation by the appropriate local authority and to be completed and adopted within three years of the date of certification by the county engineer that a comprehensive flood control management plan is being pre- pared. The project shall be consistent with and conform to the compre- hensive flood control management plan. (5) Project Cost. The project grant application shall include the estimated project coat. (6) Project Benefits. The project benefits shall be clearly identi- fied and described. (7) Nationol Flood Insurance Program (NFIP) Requirements. The unincorporated county or incorporated city or town in which the project is located shall be participating in the NFIP and shall be meeting the NFIP regulation requirements. (8) Legislative Approval. Nonemergency projects shall not be funded from the FCAAP without approval by the Legislature. (9) Budget Report. Any municipal corporation seeking FCAAP funds shall submit its annual budget for flood control purposes to the county -2- I- ONA, A yu g A.i . . r y ?, A? 1 ; a '^?, 5 r Y rr4 n r f , r r? ,r r i i r +, } 1 S »?.- 7 (3) "Maintenance Work." The work necessary to keep in good condi- tion, repair and preservation of the natural condition or man-made flood control facilities which are subject to damage or destruction from flood- ing by action of erosion, by stream flow, by sheet runoff, or other damage by the sea or other bodies of water. (4) "Restoring." The work necessary to bring an existing condition or man-made facility or other works back to its former or natural condi- tion by repairing, rebuilding, or altering. -3- t1?SlAlr ',i k63 A 711 a? x °y u 1 a AS e`? a+ . LJ , r r ? fl• 1 ? ?? a? tr4 A i V ?+ ? L nl fN T ?. y ?? 4 ! Y 1 t y 7 7 .' F IR .9. NEW SECTION 040 FCAAP PROJECT APPLICATION AND APPROVAL PROCESS. G 1 144 - WA 73- fi The project application and approval process for the municipal corpora- tion application shall include the following in the general sequence given. it t (1) The applicant shall prepare the project application to comply .i - with the provisions of Chapter 86.26 RCW and this chapter. The applica- tion shall be made on a form furnished by WDOE. In addition to the com- pleted form, the application shall include the following: (a) A detailed written description of the project; " r (b) A vicinity map and sketch to identify water body name, stream i8 river mile, section-township-range, etc.; - 7 (c) A general plan drawing of the project on an x 11" or k BY' x 14" sheet; and tt• r (d) A description of the project benefits which describe how the ' project will mitigate flood damage and describe development which exists i. on adjacent and nearby lands which are protected by the facility. (2) The applicant and county engineer shall review the preliminary project plans with the Washington departments of Fisheries and Game. ' ti. (3) The applicants shall indicate the priority of the project appli- . a s.. r cations if more than one is submitted. (4) The applicant shall submit a prioritized list of project applications to the county engineer. ` r (5) The county engineer shall certify the status of the comprehen- 7 a eive flood control nsnagement plan and shall submit a prioritized list of n L.9 ,a all project applications within the county to WDOE. M9m bt ?.xk Yn 7d?ibr A?rr Ad -4- ?? .t? -r; 1 t 7 11a t? f! N t i7 I l t-m o ?1 ` t - I r', y? ?i lr 1?' 'kks J t '1". 1 ?i ?'4 d - (5) WDOE will analyze all projects for compliance with the require n? ments pursuant to this chapter and Chapter 86.26 RCW and give priority to projects based on the criteria defined in WAC 173-144-050. t (7) WDOE submits the list of projects to the Legislature for approval. (g) The applicant and/or county shall acquire the necessary federal, and local permits along with any other permission required to com- state, plate the project. (9) WDOE shall consult with the departments of Fisheries and Game ?w regarding the list of projects. (10) WDOE shall prepare and finalize the cooperative agreements with the counties. r truction plans and specifications shall be prepared by (I1) The cons the applicant for approval by the county engineer prior to submission to WDOE for review of each project for compliance with all requirements. •A (12) The county engineer shall supervise and direct each project. <6 (13) WDOE shall monitor each project for compliance with the provi- _ sions of the cooperative agreement. NEW SECTION WAC 173-144-050 PRIORITY OF NONEMERGENCY FCAAP PROJECTS. The priority given to nonemergency projects by WDOE, the counties, and other municipal corporations shall involve consideration to the following cri- teria: (1) The public benefits from the project shall be commensurate with the amount of FCA" funds granted for the project. -5- j r` WAC 173-144-060 FLOOD CONTROL ASSISTANT ACCOUNT CONTRIBUTION AND MATCH REQUIREMENTS FOR NONEMERGENCY PROJECTS. The following criteria shall be used regarding the FCAAP funding for all nonemergency projects: (1) The maximum contribution from the Flood Control Assistance Account toward the cost of any project shall be $500,000 per project. j (2) The amount of FCAAP contribution for any nonemergency project shall not exceed 50 percent of the total project cost. (3) The total FCAAP contribution for all projects in any county shall not exceed $500,000 per biennium. -6- NEW SECTION WAG 173-144-070 EMERGENCY PROJECT FUND ADMINISTRATION. The follow- a °r ing criteria shall be the basis of allocating the emergency fund monies: 1 (1) Appropriation from the FCAAP fund for emergency projects will ?' . require the declaration of an emergency by the county commission or the h, county executive. (2) Application for emergency funds must be made on the same form. used for nonemergency fund application. zab (3) Payment of FCAAP funds for the emergency project will be based x on actual project costs. - (4) Payment of money from the emergency fund shall be allocated on i a first come--first serve basis and shall not be based on any priority system. (5) Emergency project grants shall not require legislative approval but shall be approved by the Director of the Department of Ecology. a ' (6) The maximum amount of money allocated to the emergency project a ! fund shall be $500,000 per biennium and will be so identified with the list of projects submitted to the Legislature for appropriation. L i (7) The flood control assistance account contribution shall not exceed 80 percent of the eligible project cost. -7- kF s 1 i a' v 4. _SECTION NEW WAC 173-144-080 MULTI-YEAR PROJECTS. Legislative approval will only be required once for a project which continues more than one year, but funding after the first year is subject to further FCAAP appropriation by the Legislature. NEW SECTION WAC 173-144-090 WORK STANDARDS FOR ALL FCAAP PROJECTS. All work which is funded from the flood control assistance account shall conform u to the standards and specifications of the U.S. Army Corps of Engineers, ` the U.S. Department of Agriculture Soil Conservation Service or the county engineer. -8- is - r rTmcy 71 19 3- AAA,- ><e $3AIiL CO/T/ii?c1 f acct//..-d -1Ae-k h ..:CON.JI ?. G(?Ctl?? /90>< lJCV /over/ 7Cl•Od eon Trv? wo/.E GCJor.../.f? e? ? ? . ' ?. /e IO?c ?e.Jl? ?/ou-?:vf ? . he /p ? , a4. "'?'^p ! I16'f ?' - spe--i nza, +3Z6' 00O. GO•Lw. 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