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HomeMy WebLinkAboutMid-Columbia Fisheries Enhancement Group - Yakima Basin Riparian Planting - Randall Park Riparian Buffer Yakima Basin Riparian Planting - Randall Park Riparian Buffer DOE Funding Agreement No. G1300128 Landowner Agreement This Agreement, dated and effective beginning r e,10 . ' L» ' .O i , is made and entered into by and between the Landowner and Grantee identified herein. The parties intend that all terms of this Agreement shall remain in effect for a period of ten years from the date of project completion, and the agreement shall be binding on all successors in interest during this time. Landowner Name (Landowner): City of Yakima Street Address: 129 North 2nd Street City, State, Zip Code: Yakima, WA 98901 DOE Project Sponsor (Grantee): Grantee Name: Mid- Columbia Fisheries Enhancement Group Street Address: P.O. Box 2211 City, State, Zip Code: White Salmon, WA 98672 Purpose of Landowner Agreement The purpose of this Agreement is to identify and confirm the terms, conditions and obligations agreed upon between the Grantee, who is undertaking a project (Project) funded by the Department of Ecology (DOE), and the Landowner, who owns the property on which the Project will take place. The Grantee and Landowner mutually agree to participate in conducting the salmon habitat improvement activities described below on lands owned by Landowner in Water Resource Inventory Area 38, Yakima County, State of Washington, Randall Park between 44 and 48 Avenues. The activities are also described in, and in accordance with, the DOE's Project Agreement No. G1300128 dated 10/01/2012, into which this agreement, once signed by both parties, becomes incorporated herein. The Grantee Agrees to: 1. Be responsible for the design and installation of the project, and the conduct and activities of its staff, agents and representatives. 2. Provide the Landowner with a timeline of estimated dates of Project activities, including start and completion dates, and to keep the Landowner informed of progress. 3. Conduct the project - related activities described in the Project Description, as appended to this agreement. 4. Leave all remaining portions of the property in as near pre - project condition as reasonable, or as otherwise agreed upon in writing with Landowner. 5. Inform Landowner of project completion and the dates for this Agreement. 6. Hold harmless the landowner from any liability associated from injuries or damages occurring to workers implementing the project. 7. Identify the specific maintenance and /or monitoring activities that will be provided by grantee in an Attachment (Include frequency and duration). The Landowner Agrees to: 1. Provide reasonable property access to the Grantee to plan, implement, and complete the project, and to conduct the maintenance and monitoring activities, as described in the Project Description attached to this agreement. 2. Provide the Grantee and DOE, or their employees, agents, representatives, or assignees, the right to enter the land, at reasonable times, and upon reasonable notice. Entry is solely for project implementation and management purposes, to inspect completed work, and to monitor long -term success of the completed project. Except in case of emergency, reasonable notice shall be given at least 48 hours prior to entry. 3. Not intentionally compromise the integrity of the project; 4. Inform Grantee of all known safety hazards on the property; S. Identify the specific maintenance and /or monitoring activities that will be provided by landowner in an Attachment (Include frequency and duration). Randall Park — Yakima Basin Riparian Planting Landowner Agreement Page 2 of 4 General Terms The Landowner shall notify the Grantee of changes in ownership of the property on which the Project is located within thirty (30) days of transfer. In the event of such transfer of ownership, the Landowner shall provide a copy of this Agreement to the succeeding owner prior to such transfer. To comply with Executive Order 05 -05, Archaeological and Cultural Resources: Grantees may have to complete a cultural resources survey in response to any cultural resources concerns that might arise. Grantees will notify the landowner if a consultation is required. If required, consultations must be completed before construction begins. This agreement may be terminated by the Grantee, if in its discretion, it determines that circumstances have rendered the Purpose of this agreement impractical to achieve. Termination also may be sought by either party by providing written notice to the other party. Such termination shall be effective only after authorized representatives of both parties have agreed in writing to such termination and DOE has been provided a thirty (30) day advance written notice of such termination. If, in the event the project is intentionally removed, destroyed, or otherwise compromised in function, the DOE reserves the right to seek reimbursement for the project costs incurred by, and paid to the Grantee with funding under the aforementioned DOE Project Agreement. This Agreement does not authorize the Grantee or DOE to assume jurisdiction over, or any ownership interest in, the premises. The Landowner retains sole responsibility for taxes, assessments, damage claims, and controlling trespass. The Landowner also retains all benefits and enjoyment of the rights of ownership except as are specifically provided in this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement. 1 c - Col uvAID,`a 1=' 'k Crow a/aa /"2491& Grantee Date Land wner Date Randall Park — Yakima Basin Riparian Planting Landowner Agreement Page 3 of 4 • Provide a copy of this Agreement, and any amendments to this Agreement, to the DOE: Attn: Heather Simmons, WA Dept. of Ecology, Water Quality Program, 15 West Yakima Avenue, Suite 200, Yakima, WA 98902. Project Description and Maintenance Responsibilities 1. Written description of the project - related activities that will occur on Landowner's Property (consistent with project cost elements): (Include restoration /enhancement activities and . any long -term maintenance needs and effectiveness monitoring activities that will occur in future years.) Work at this project site will be conducted in the boundaries of the City of Yakima's Randall Park, located between 44 and 48 Avenues. Riparian shrub and tree container plants will be installed on a 125 -ft stretch of Wide Hollow Creek in the southwest portion-of Randall Park, adjacent to 48 Street. The plants will be installed within a buffer width of an average of 12.5 ft from the creek. Wood chip mulch will be placed around each plant. The establishment of a healthy riparian buffer on Wide Hollow Creek provides opportunities for public education on water quality, stormwater 'runoff and fish and wildlife habitat in this high public use area. An educational sign and protective fencing will be installed by the Grantee following planting. 2. Describe the maintenance and monitoring responsibilities of both the Landowner and Grantee for the term of this agreement. Include the activities, frequency and duration of work to be performed. Project maintenance is expected to consist of weed management. The Grantee will provide weed management for the first season (spring, summer, fall 2015) following planting. The Landowner will provide irrigation through existing sprinkler irrigation installed for turf grass. The Landowner will also provide weed management for the second and third seasons of plant establishment (spring and summer of 2016 and 2017). Project monitoring will consist of photomonitoring, and monitoring of plant survival. Randall Park — Yakima Basin Riparian Planting Landowner Agreement Page 4 of 4 Mid- Columbis Airl FISHERIES Randall Park Riparian Buffer Restoration Project -- Overview i ENHANCEMENT CROUP Healthy streamside ecosystems help provide clean water for fish, wildlife and people as streams flow through residential areas. Riparian buffers -- vegetated areas along a stream that separate stream water from lawns, buildings, and other developed space -- provide habitat for fish and wildlife and can improve water quality by filtering pollutants, stabilizing streambanks and providing shade. The Mid - Columbia Fisheries Enhancement Group proposes to install a riparian buffer enhancement project on a 125 -foot stretch of Wide Hollow Creek in Randall Park. The proposed project area is on the west side of Randall Park, adjacent to 48 Avenue in the picnic area. The project area is on the left bank of the creek, where irrigated lawn gently slopes down to the streambank edge. Picnic tables are located in the area, with at least one table located approximately 6 -10 feet from the stream edge. Crack willow trees form an overstory canopy, however, there is no understory riparian vegetation on the left bank in this area. The proposed demonstration project would run from the west side of the riprap near the 48 Avenue Bridge along the creek bank approximately 125 feet into the picnic area, and will extend an average of 12.5 feet into the picnic area from the bank edge. Revegetation Planting will occur in spring 2015, with MCFEG staff, City staff and volunteers. 100 plants will be spaced tightly on 4 -foot centers in this high -use area. Dense spacing will assist in achieving a denser riparian buffer that will be more resistant to trampling by visitors. Plants will be installed directly into planting holes into the sod; sod will not be removed. Grass between the plants would not be mown or maintained as manicured sod, but would be allowed to grow tall between shrubs. Species Common Name Type Location in site Berberis aquilifolium Tall oregon grape subshrub upper riparian Corpus sericea red -osier dogwood shrub bank Philadelphus lewisii Mock orange shrub upper riparian Populus trichocarpa cottonwood tree bank Prunus virginiana chokecherry shrub upper riparian Ribes aureum golden currant shrub throughout Rosa woodsii wood's rose shrub upper riparian Salix exigua coyote willow shrub bank Each plant would receive 3 gallons of wood chip mulch to reduce water loss during the summer and reduce weed competition during establishment. Plants would be irrigated for 2 years during the summer drought. If indirect irrigation for from lawn irrigation is not adequate, plants would be hand - watered with 5 gallons of water each every two weeks during the summer drought season. Weeds will be controlled by MCFEG, volunteers or City staff in the planting area for one year after planting. After that time, weeds will be controlled by City staff or City- designated means. Educational Signage One educational sign (placard style) will be placed in the project area describing the project, species, bank protection and water quality benefits of riparian buffers. Two additional signs indicating "revegetation in progress, please stay off' will be placed at potential access areas. The City's Stormwater Program will pay for the cost of creating and installing the signs. Coordination on style and language will occur between City staff and MCFEG, as the sign will be the first educational placard installed under the Randall Park rehabilitation project and overall styles will need to be consistent and complementary. Language will include fish and wildlife habitat benefits and stormwater benefits of riparian buffers, and overall Randall Park improvements. The City will maintain signs after installation. Fencing /Protection A wood post- and -hole fence will be installed along the length of the demonstration project to reduce trampling by visitors. The City will choose the style of fencing that falls within allocated fencing supplies. The fence should be maintained until shrubs are well - established, at least 5 years. City will maintain fencing after installation. Permits MCFEG will submit an EZ -1 permit for cultural resources. The City Parks Dept. will determine what additional permitting is needed. Timeline Task Action Timeline Coordinators Notes Revegetation Order plants Fall 2014 MCFEG 100 plants on 4 ft centers Permits Submit EZ -1 for Fall 2014 MCFEG cultural resources Permits Other permits? Fall 2014 City, MCFEG City will identify other permits required Signage Develop educational Fall /Winter MCFEG, City Coordinate language and signage 2014 -2015 aesthetics for stormwater, park improvement and riparian buffer issues; signs to be purchased by City stormwater program Fencing Identify design and Winter 2014- MCFEG, City City will identify design order fence materials 2015 within budget constraint; MCFEG will purchase Revegetation Order wood chip Winter 2014- MCFEG, City 300 gal; Is this available mulch 2015 through City? Revegetation Install plants March /April MCFEG, City, WCC may dig sod holes 2015 volunteers before; coordinate volunteer activity Signage Install educational April 2015 MCFEG To be installed and "restoration immediately following area" signage planting, with WCC hand crew Fencing Install post- and -hole April 2015 MCFEG To be installed Task Action Timeline Coordinators Notes wood fence immediately following planting, with WCC hand crew Weed Handpull weeds Spring- Summer- MCFEG, City, Handpull broadleaf weeds Management Fall 2015 volunteers in planting area Weed Handpull weeds Spring- Summer- City, Handpull broadleaf weeds Management Fall 2016 volunteers in planting area Weed Handpull weeds Spring- Summer- City, Handpull broadleaf weeds Management Fall 2017 volunteers in planting area Figure 1. Riparian zone in project area, current conditions. Proposed Randall Park Riparian Buffer Demonstration Project _; -. .. wing *+ 0 50 100 200 300 400 *; 0 0-.1, - — ........ Feet Ott w l et - } . I 11111 IP C P. Illp • , 't ,,, «+ .fix .1 , 1 it 40 _ +. ., 1. iii • w y • . r '1 ? • siz Lk 0 4 1 rielik OP * - , a, 4 ' Ikl #1111t iti, . . ,, , . , , . ..., .. • • Proposed project area Er 125 ft x 12.5 ft along a left bank of Wide Hollow Creek * "t a it . ' "Wil:": ill' I 4k. ; -* . - - ' 114.11 • Yom + # tS� r `'F • t 10010 0., 4 } * . MEMOILM .11111111 fE -2.4,-405itio.