Project Pre-Application

Transcription

1 Pre Application Due Date: Tues, March Draft Application Due Date: Tues, April 30, 2013 Final Application Due Date: Thurs, July 11, 2013 Project Pre-Application (Please use the Up, Down, Left & Right Arrows to move from Field to Field) Project Title: North Fork Touchet Dedloff Conservation Easement Acquisition Submitting Organization: Blue Mountain Land Trust Project Contact Information (Complete for each contact) For additional Contact Info Sheets go to: Mrs. Ms. First Name: Alison Last Name: Wesockes Address: PO Box 1473 City/Town: Walla Walla State: WA Zip: Telephone # ( 509 ) Cell # ( 509 ) address: alison@bmlt.org Project Locations: Provide a brief description of the project location including watershed, stream reach and position in watershed. The property is located about mile 9 up river from Dayton, WA on the North Fork Touchet River. It includes both sides of the North Fork and both sides of the mouth of Jim Creek from the road to the North Fork. Maps: Provide both a map illustrating project vicinity and a site map. Map descriptions can be placed in this section but maps should be attached as a separate page. (Contact SRSRB staff to construct maps and set up project in the HWS prior to pre-application deadline). Site map and vicinity map attached Short Description of Project Describe project, what will be done, and what the anticipated benefits Will be in 1500 characters or less. NOTE: Many audiences, including the SRFB, SRFB s Technical Review Panel, media, legislators, and the public who may inquire about your project use this description. Provide as clear, succinct, and descriptive an overview of your project as possible many will read these 1-2 paragraphs! The description should state what is proposed. Identify the specific problems that will be addressed by this project, and why it is important to do at this time. 1

2 Pre Application Due Date: Tues, March Draft Application Due Date: Tues, April 30, 2013 Final Application Due Date: Thurs, July 11, 2013 Describe how, and to what extent, the project will protect, restore, or address salmon habitat. Describe the general location, geographic scope, and targeted species/stock. This short description should be the summary of the detailed proposal set out under the Evaluation Proposal, with particular emphasis on questions 1-4. The PRISM database limits project descriptions to 1500 characters (including spaces); any excess text will be deleted. Additional detail should be provided in the project proposal! A conservation easement (CE) will protect 37 acres on both sides of 1/3 mile of N. Fk Touchet River and both sides of Jim Creek from N. Fk Road to the mouth, about 9 miles up-river from Dayton, WA. The project has two phases: Phase 1, in progress, is a property assessment, appraisal, and verification of absence of hazardous materials. Phase 2 includes the CE purchase as well as moving the power line out of the stream channel. The property is two parcels totaling 42 acres. One parcel has a home site and will be excluded from the CE. The remaining 37 acres will be under a permanent CE managed to protect fish and wildlife habitat and restore natural ecological function. This river is listed as a priority restoration reach by the SRSRFB and is important for steelhead and Chinook spawning. Bull trout are also present. Conifer and some hardwood species are present, and significant natural regeneration of cottonwood, alder, willow trees and other native shrubs is occurring. There is a steep slope west of the river as well as the floodplain and bottomlands. The landowners are committed to permanent protection of their property. Current zoning allows the property to be subdivided into four parcels. The CE will prevent subdivision and development, intensive grazing, timber harvest, stream channelization, flood control structures or other alteration of the natural stream course or terrain; thus allowing the stream to continue its natural restoration process. BMLT will also work with landowners to restore native vegetation. Preliminary Design Description: BMLT will contract with Columbia Rural Electric Association (REA) (owner of power line and easement) to relocate the powerline outside of the stream channel. They will be in charge of all associated costs and tasks.blue Mountain Land Trust (BMLT) will work with Confederated Tribes of Umatilla Indian Reservation (CTUIR) and the landowner to plant native vegetation where the disturbance occcurs from relocating the power line. The final conservation easement language will be negotiated with the landowner and BMLT, with RCO approval, and will be signed and recorded once everything is complete. A baseline documentation report and stewardship plan will also be created to ensure the conservation values are upheld in perpetuity. Please note that the appraisal is not yet complete, so the estimate below for the value of the conservation easement may change for the final application in July Estimated Budget: List SRFB request match and total project costs Budget Items Cost/Unit Unit Matching SRFB Request Project Cost Funds Conservation $44, $6, $37, $44, Easement Power Line relocation and plantings $17, Powerline relocation: $14,000; Plantings: $3,000 $2, $14, $17, Closing fees $2, $ $2, $2, Baseline $2, $ $1, $2, Report Stewardship $1, $ $ $1,

3 Pre Application Due Date: Tues, March Draft Application Due Date: Tues, April 30, 2013 Final Application Due Date: Thurs, July 11, 2013 Plan Administrative $3, $ $2, $3, Total Matching $ 10, Total SRFB Request $ 59, Total Project Cost $ 70, Evidence that this project is part of the Snake River Salmon Recovery Plan: List the HWS project number and title of project as stated in the 3 Year Plan. If project is not directly stated in the 3 Year Plan list the general project category your project pertains to and describe the correlation. HWS Project Number ; "Protect Riparian HabitatThrough Perminant Conservation Easements" SRFB Draft Application Information Draft Date Submitted to SRSRB Project Type: (check one) Acquisition Passage, Diversion, Barrier Inventory/Design Acquisition/Restoration Upland Non-Capital In-Stream Riparian Updated Vicinity / Site Maps & Photos Please submit photos as JPEG or other non PDF picture format. Maps and designs maybe submitted in photo or PDF format. Vicinity Map Attached: Site Map Attached: Aerial or Site Specific Photos Attached: Preliminary Designs or Field Sketches: Project Proposal Guides To complete this section download the Project Proposal template that fits your proposed project and attach as a separate document. Check appropriate box below. NOTE: This project proposal will be used primarily to evaluate your project. Please include appropriate metrics within the body of the text. The below documents can be found at Attached 1) Restoration, Acquisition and Combination (Restoration & Acquisition) Project 2) Planning Projects (Assessment, design, and Study) and Combination (Planning & acquisition) Projects 3) Barrier Inventory Projects 3

4 Pre Application Due Date: Tues, March Draft Application Due Date: Tues, April 30, 2013 Final Application Due Date: Thurs, July 11, 2013 Summary of Funding Request and Match Contribution Remember to update this section whenever changes are made to your cost estimates. TOTAL PROJECT COST (A + B) (Sponsor Match & SRFB Contribution) $70,245 A. Sponsor Match Contribution (15% minimum is required for match) Appropriation/Cash Bonds Council Bonds Voter Cash Donations Conservation Futures Donations Donated Equipment Donated Labor Donated Land Donated Materials $1,000 Donated Property Interest $9, Force Account Force Acct Equipment Force Acct Labor Force Acct Material Grants Grant Federal Grant Local Grant Private Grant State Grant IAC Grant Other Total Sponsor Match Contribution (15% Minimum Match Required of a total Project Cost) B. SRFB Contribution (grant request) $5,000 Minimum Request $10, $59, Note: *Be sure to identify the name and type of any matching grant in the Application Questionnaire Section. *The Total Project Cost must equal the totals from the following Cost Estimate Sections. 4

5 Pre Application Due Date: Tues, March Draft Application Due Date: Tues, April 30, 2013 Final Application Due Date: Thurs, July 11, 2013 Landowner Information Landowner Acknowledgment Forms (Remember to complete the Landowner Acknowledgement form for each Landowner.) To complete this section download the landowner acknowledgment form and have the landowner complete the form and submit a copy with the draft application. Draft applications without signed agreement forms may not be considered by the SRSRB for final scoring and ranking. These forms can be found on the SRSRB web site at: Current Landowner(s) of the site (name and address). Remember to complete the Landowner Acknowledgement Form. Name: Jerry and Ruth Dedloff Address: 914 N. Touchet Rd. City/Town: Dayton State: WA Zip: This is the END of the DRAFT APPLICATION. 5

6 Section 4: Project Proposals 2013 Project Proposals for Restoration, Acquisition, or Combination Restoration and Acquisition Projects North Fork Touchet Dedloff Conservation Easement Acquisition Submit this proposal as a PRISM attachment titled Project Proposal. 1. Problem Statement Provide an overview of fish resources, current habitat conditions, site or reach conditions, and other key salmon recovery problem(s) in the watershed that this project is intended to address. Within the Touchet River watershed, the river largely runs through private property. This can cause issues for critical salmon habitat, as land uses and riparian zone protection is up to each landowner. In Columbia County, much of the watershed has zoning allowing for four houses every 40 acres. This could be extremely detrimental for habitat; as fragmentation, poor riparian zone health, warming waters, and stream channelization could all occur. Current riparian conditions on this property are good. This property has been logged in the past and is lightly stocked with conifer and some hardwood species. There is significant natural regeneration of cottonwood, alder, willow trees and other native shrubs currently taking place adjacent to the streams. Protecting this property with its healthy river and riparian conditions is important for critical steelhead spawning. This reach is listed as an MSA priority protection reach by the Snake River Salmon Recovery Funding Board. Fish data for this stretch of the North Fork show the significance of this stretch for salmonoids. The Lyons Ferry Complex Hatchery Evaluation: Summer Steelhead Annual Report 2005 Run Year, printed in June 2007, estimates effective breeders in the Upper Touchet River from In 2005, there were 15 redds counted specifically on the stretch of property proposed for a conservation easement. Densities of natural origin juvenile steelhead/rainbow trout were taken using electrofishing sites; one of these sites was directly behind the Dedloff s home. At this site, the density was fish/100m 2, age 0; and fish/100m 2, age 1+. Project Purpose When answering the questions below, please refer to Chapter 4 of the Stream Habitat Restoration Guidelines (wdfw.wa.gov/publications/pub.php?id=00043) for a definition of restoration goals and objectives. A. State the project goal(s). Salmon Recovery Grants Manual 18 January 2013

7 Section 4: Project Proposals Project goals include protecting the healthy, high-quality fish and wildlife habitat on this site and ensuring that it remains healthy habitat in perpetuity. As explained in Chapter 4 of the Stream and Habitat Restoration Guidelines, Preservation of relatively intact, functioning ecosystems is a far more cost-effective approach to conserving the integrity of biological communities than restoring an ecosystem after it has been degraded (p. 6). B. List the project s objectives. Objectives include protecting the conservation values of the property in perpetuity with a conservation easement. Also, in order to enhance stream quality and protect riparian vegetation, the power line will be moved out of the stream channel and further upland to be next to the road. 2. Project Context A. Describe the location of the project in the watershed, A protective conservation agreement will be established over 37 acres of land on both sides of 1/3 mile of North Fork Touchet River and both sides of Jim Creek from the North Fork Road to the mouth, about 9 miles up-river from Dayton, WA. The property is about 42 acres in total, in two parcels. One parcel, 5.12 acres, has a home and yard. This part of the property would not be included in the conservation easement. The remainder of the property, acres, would be entirely within a conservation easement managed to protect aquatic values, fish and wildlife habitat, and open space. This river is considered important for steelhead spawning and is listed as a priority protection reach by the Snake River Salmon Recovery Funding Board. Approximately 22 acres of the property (59%) is riparian habitat. There is significant natural regeneration of cottonwood, alder, willow trees and other native shrubs currently taking place adjacent to the streams. In addition to the floodplain and bottomlands, there ar approximately 15 acres of a steep lightly timbered east-northeast facing slope above the river on the property. Much of the uplands also contribute to in-stream flow and water quality, as water flows down the upland reaches into the water table at least part of the year. Salmon Recovery Grants Manual 18 January 2013

8 Section 4: Project Proposals B. List the fish resources present at the site and targeted by this project. Species Mid- Columbia Summer Steelhead Spring Chinook Salmon Life History Present (egg, juvenile, adult) Spawning and Rearing Spawning and Rearing Current Population Trend (decline, stable, rising) ESA Coverage (Y/N) Stable Y All Stable (introduced) Y All Life History Target (egg, juvenile, adult) Bull Trout Juvenile, adult Stable Y Juvenile, adult C. Discuss how this project fits within your regional recovery plan and local lead entity s strategy to restore or protect salmonid habitat in the watershed The Snake River Salmon Recovery Plan has identified a strategy to restore and protect salmonoid habitat. This project is within a Priority Restoration Reach, and is important for Steelhead and Chinook spawning. Protecting habitat through conservation easements is also listed as HWS Project Number ; "Protect Riparian Habitat through Permanent Conservation Easements. D. Explain why it is important to do this project now instead of at a later date. Protecting this reach is critical to complete now for many reasons. This stretch of the Touchet River runs its natural course, and has a wide diversity of riparian vegetation. Acting quickly and diligently is important when a landowner expresses interest in permanent property conservation, because successive landowners may not have the same land ethic, and could potentially severely degrade the prime habitat conditions that currently exist. Protecting intact, functioning ecosystems is far more costeffective than trying to restore it later on once degraded. In addition, a conservation easement is a much more affordable option for conserving quality habitat compared to purchasing land in fee simple. Lastly, land value will only continue to increase, indicating that protecting it now will be more cost-effective than waiting until future years when the value is even higher. Salmon Recovery Grants Manual 18 January 2013

9 Section 4: Project Proposals E. If any part or phase of this project previously has been reviewed or funded by the SRFB, please fill in the table below. Project # or Name # Status Completed In Process Not Funded* Completed In Process Not Funded* Completed In Process Not Funded* Status of Prior Phase Deliverables and Relationship to Current Proposal? This application was for Phase 1, project assessment, and was an alternate for funding. BMLT found funding elsewhere to move forward with the assessment, and is now applying for easement acquisition and protection (Phase 2). 3. Project Description Please answer the questions below and all pertinent supplemental questions. A. Provide a detailed description of the proposed project, including project size, scope, design, and how it will address the problem(s) described above. The major restoration component for this project is removing the power line from the stream channel, and relocating it near the road, out of the lowlands. The current utility easement on this property allows the power company to clear the area within their easement (including the stream channel and riparian area) for purposes of line maintenance. Relocating the power line will ensure that the power line easement will not affect the conservation values in the proposed conservation easement. Additionally, native vegetation will be planted to rehabilitate the ground once the power line is moved. Beyond that, the main task of this project is placing the property under a permanent conservation easement, to be maintained and monitored in perpetuity for fish and wildlife habitat and water quality. N/A B. If this project includes measures to stabilize an eroding stream bank, explain why bank stabilization at this location is necessary to accomplish habitat recovery. C. If restoration or acquisition will occur in phases or is part of a larger recovery strategy, describe the goal of the overall strategy, explain Salmon Recovery Grants Manual 18 January 2013

10 Section 4: Project Proposals individual sequencing steps, and which of these steps is included in this application. Acquisition of this conservation easement is phase 2 of 2. The first phase included an assessment of the property to determine conservation easement value, confirm the absence of hazardous materials, title search, survey the property, and assess full inventory of conservation values, as well as negotiate permitted and prohibited uses with the landowners. Protecting this property also aligns with BMLT s strategic Land Conservation Plan (completed 2013), the goals of the Snake River Salmon Recovery Board, and goals of the Confederated Tribes of the Umatilla Indian Reservation. D. Describe the long-term stewardship and maintenance obligations for the project or acquired land. Long term stewardship and maintenance obligations for this project includes BMLT upholding the terms of the conservation easement with the landowner in perpetuity. This requires at least annual monitoring, as well as additional habitat enhancement projects as needed. Restricted uses on the property once the conservation easement is in place include no sub-dividing or developing the property; no stream channelization or instream structures; no grazing in the stream channel or surrounding riparian vegetation; no motorized vehicle use in the riparian area; and no other activities that would damage or impede the water quality and fish habitat. For a full list of proposed prohibited land uses, see attachment. E. Describe other approaches and design alternatives that were considered to achieve the project s objectives and why the preferred alternative was selected. Realizing the value of critical habitat in healthy condition, BMLT has determined that waiting is not a good alternative. There is no way to know what the motives and desires of successor landowners on this parcel will be if it is not protected in perpetuity via a conservation easement. In addition, conservation easements achieve the goals of protecting and enhancing critical fish and wildlife habitat while maintaining private ownership. This makes the transaction more cost-effective compared to fee simple purchase. Another alternative is not pursuing property protection, allowing local zoning and ordinances to protect the property. This is not a favorable solution, as zoning and ordinances can change; and current zoning would allow three additional homes on the property. F. List all landowner names. Jerry Dedloff Jr.; Ruth Dedloff Salmon Recovery Grants Manual 18 January 2013

11 Section 4: Project Proposals G. Has the Washington Department of Natural Resources confirmed that your project is or is not on state-owned aquatic lands? Yes, it is not state-owned aquatic lands. H. List project partners and their role and contribution to the project. CTUIR will contribute $1,000 of in-kind match through donation of native plants to vegetate the disturbed area after Columbia Rural Electric Association (REA) moves the power line. The landowner is the other provider of matching funds, donating a portion of the easement value to the project. I. Stakeholder Outreach: BMLT just completed our land conservation plan, allowing for more strategic conservation. There were multiple outreach components included in plan development, including workshop meetings and a public survey. The consensus is overwhelmingly supportive of conserving properties such as this; properties that enhance the community by providing habitat for fish and wildlife; preserving the viewshed; and enhancing water quality. While this project was not directly discussed (due to privacy of landowners), we are confident that community members will support this conservation easement. J. Contingency Planning: The only foreseeable delay may come from working with Columbia REA to relocate the power line. We will ensure this occurs at the best time of year for the lowest impact to fish and wildlife, which may extend the SRFB funding timeline for completing the grant. Hopefully this is not the case, and the project can move forward in a timely fashion. K. List and describe the major tasks and time schedule you will use to complete the project. Major tasks include final negotiations for easement language with landowners and RCO; Creating the Baseline Documentation Report; Creating the Stewardship Plan; Relocating the Power line; planting native vegetation to restore area impacted by power line relocation; and recording the conservation easement. Once funding is received from RCO, BMLT and the landowners are ready to move forward. We anticipate completing all major tasks within 12 months of funding awarded. 4. Design and Implementation Questions for Restoration Projects (Acquisitiononly projects need not respond to these questions.) A. Will the project design be (or has it been) developed by a licensed professional engineer? Salmon Recovery Grants Manual 18 January 2013

12 Section 4: Project Proposals Columbia Rural Electric Association will take care of all work and engineering associated with moving the power line. They will then bill BMLT and we will pay them for their services. BMLT will work with CTUIR to develop the restoration planting plan for the area disturbed by the power line move. B. Describe your experience managing this type of project. Blue Mountain Land Trust holds 10 conservation easements, six of which have been funded through the Salmon Recovery Funding Board. Many of these easements had a restoration component as well as acquisition. Therefore, BMLT is well versed in expectations, timelines, associated paperwork, and requirements associated with sound conservation easement transactions. We are a non-profit organization with stewardship funds held in investments designed for long-term stewardship and easement enforcement. BMLT is assisted by a 10 person Board of Directors including attorneys, an accountant, a wildlife manager, and others; as well as staff. Alison Wesockes, the conservation director, has been directly involved with monitoring all 10 easements, as well as completing two SRFB funded conservation easements in She is also working to complete another easement in 2013, funded through WA RCO. N/A N/A N/A C. Describe who will provide construction management for the project. D. The design process for restoration projects is expected to follow that described in RCO Manual 18, Salmon Recovery Grants, Appendix D 1-4. If your process or your design deliverables differ from those expectations, please describe your process and design deliverables and how they differ. E. Describe how you anticipate documenting as-built conditions. F. Describe the steps you will take to minimize the introduction and spread of invasive species during construction and restoration. Columbia REA will be handling all construction associated with moving the power line. We will ask them to pressure-wash all equipment before bringing it on site. Then, we will quickly replant the disturbed area with native vegetation to reduce the possibility for invasive species establishment. Salmon Recovery Grants Manual 18 January 2013

13 Section 4: Project Proposals Supplemental Questions Acquisition Project Supplemental Questions (Applies to both acquisition-only and combination projects). Answer the following supplemental questions (these are not included in the ten-page limit): A. Provide a detailed description of the property. This parcel contains both sides of 1/3 mile of the North Fork Touchet, with an existing wide riparian buffer. This parcel also contains the alluvial fan of Jim Creek at the confluence of Jim Creek and the North Fork. This is a dynamic reach that will continue to develop high quality habitat with the protection of riparian areas and allowing space for channel migration. It also contains the 100-year flood zone, all of which would be under conservation easement. Existing land use is minimal; there is a garden area near the road but beyond that, the property is mostly left natural. The adjacent parcel, with the same landowners, has a home site that will not be in the easement. B. State what type of acquisition is proposed (e.g., fee title, conservation easement). Conservation Easement C. State the size of the property to be acquired acres Describe the property s proximity to publically owned or protected properties in the vicinity. The attached vicinity map shows the existing conservation easements in the area, as well as the National Forest Lands to the east and south. D. If uplands are included on the property to be acquired, state their size and explain why they are essential for protecting salmonid habitat. About 15 acres of the property is uplands. These uplands are adjacent to the North Fork and protection of these lands from development, including logging and road building, is necessary to prevent sedimentation into the river. In addition, there are two main draws in the uplands that provide water to the water table at least seasonally. Protecting these water sources also contributes to good water quality for salmonoids. Salmon Recovery Grants Manual 18 January 2013

14 Section 4: Project Proposals E. State the percentage of the total project area that is intact and fully functioning habitat. 100% Explain property restoration needs. There are no levees, riprap, infrastructure, or other features on this property that inhibit channel migration or floodplain-stream interaction. The only restoration will be related to power line relocation. F. List structures (home, barn, outbuildings, fence) on the property and any proposed modifications. The current landowners have a home on an adjacent parcel that will not be included in the conservation easement. On the parcel under conservation easement, there are no homes, one outbuilding, and a garden area. There are also some remaining fence posts from when cattle used the property. G. Describe adjacent land uses (upstream, downstream, across stream, upland). Directly upstream from this site is Teancum Timbers, a camping and recreational area owned and operated by the Church of Jesus Christ of Latter Day Saints. There are a few additional private landowners, and then approximately five miles upstream is the United States Forest Service Boundary. Directly downstream from the project location, there are private landowners with some agricultural use, as well as another event/retreat center about a mile downstream. H. Describe the: i. Zoning/land use Zoning is AR-2 Agriculture Zone, meaning four houses per 40 acres ii. iii. Shoreline Master Plan designation Portion of site within 100-year floodplain 40-50% iv. Portion of site within designated floodway Approximately 5% (using the high bank line shown on survey) I. Explain why federal, state, and local regulations are insufficient to protect the property from degradation. Salmon Recovery Grants Manual 18 January 2013

15 Section 4: Project Proposals Shoreline and critical areas regulations, along with county zoning, have not been well enforced in the area and single-family dwellings are exempt from State Shoreline regulations. Accessory structures can locate within 35 feet of the stream although the critical areas ordinance restricts home development to 200 feet from the stream bank. The riparian area on this property is larger than 200 feet from the stream, so much could be lost if structures were allowed, even if they were following regulations. J. For projects that have a goal of saving water: N/A K. If buying the land, explain why acquiring a conservation easement to extinguish certain development, timber, agricultural, mineral, or water rights will not achieve the goals and objectives of the project. N/A L. For acquisition projects intending to purchase multiple properties within an area, identify all the possible parcels that will provide similar benefits and certainty of success and provide a clear description of how parcels will be prioritized and how priority parcels will be pursued for acquisition. N/A Salmon Recovery Grants Manual 18 January 2013

16 North Fork Touchet Dedloff Conservation Easement Acquisition Proposed Prohibited Uses for Conservation Easement Blue Mountain Land Trust 2013 The following uses of, or activities on, the Property, though not an exhaustive list, are inconsistent with the Purpose of the proposed Conservation Easement, and shall be prohibited. Subdivision: The legal or de facto division, subdivision or partitioning of the Property by which the Property is divided into lots or in which title to different portions of the Property are held by different owners is prohibited. Construction: The placement or construction of any buildings, or structures of any kind (including, without limitation, pipeline, wells, recreational vehicles, septic systems, drain field, fences, roads, trails and parking areas) is prohibited except as provided in Section V of the Conservation Easement. Removal of Trees and Other Vegetation: The pruning, cutting down, or other destruction or removal of live and dead trees and other vegetation is prohibited except as expressly provided in Section V of the Conservation Easement; or with the prior written approval of the BMLT to preserve, protect, restore or enhance the Conservation Values. Residential Use: Use of the Property for any residential purposes, or construction of additional residential or outbuildings is prohibited. Industrial Uses: Use of the Property for any industrial purpose is prohibited. Agricultural Activities: Use of the Property for any commercial agricultural activity is prohibited. Commercial Uses: Use of the Property for any commercial purpose is prohibited. Commercial Recreational Activity: Use of the Property for any commercial recreational activity (as such terms are defined by Section 2031(c)(8)(B) of the Code and the applicable Treasury Regulations) is prohibited. Utilities: The installation of new utility systems or the extensions of existing utility systems, including, without limitation, water, sewer, power, fuel, and communication lines and related facilities, is prohibited unless approved in writing by BMLT and determined to have no significant impact on conservation values. 1

17 Alteration of Land: The alteration of the surface of the land, including, without limitation, the excavation, fill or removal of soil, sand, gravel, rock, peat, or sod, except as expressly allowed in Section V of the Conservation Easement is prohibited. Alteration of land may be permitted with the prior written approval of BMLT to preserve, protect, restore, or enhance the Conservation Values. Alteration of Water Courses: The draining, filling, dredging, ditching, or diking of wetland areas, the creation, alteration or manipulation of ponds, the diking or riprapping of North Fork Touchet or Jim Creek, or the creation of new wetlands, water impoundments, or water courses is prohibited except with the prior written approval of the BMLT to preserve, protect, restore or enhance the Conservation Values. This provision shall not be interpreted to prohibit irrigation or diverting, collecting, storing, or transporting water pursuant to existing or new water rights. Erosion or Water Pollution: Any use or activity that causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters is prohibited. Feedlots: The establishment and maintenance of a commercial feedlot is prohibited. Waste Disposal: The disposal, storage, release or abandonment of rubbish, garbage, debris, vehicles, abandoned equipment, parts thereof, or other unsightly, offensive, or Hazardous Substances on the Property is prohibited. Signs: The placement of commercial signs, billboards, or other advertising material on the Property is prohibited; except that signs may be placed on the Property to identify the Property, to advertise for sale or rent, to state the condition of access to the Property, to describe the natural features of the Property, or to acknowledge the placement of the Conservation Easement on the Property, provided that such signs are less than twenty four (24) square feet in area per side and are located to preserve, as much as possible, the scenic Conservation Values of the Property. Mining: The exploration for, or development and extraction of, minerals and hydrocarbons on or below the surface of the Property is prohibited. Wildlife Disruption: The intentional disruption of wildlife breeding, foraging and nesting activities is prohibited. This prohibition will not be construed to prohibit hunting on the Property. Introduced Vegetation: The intentional introduction of nonnative invasive species or the planting or introduction of any non-native species of vegetation is prohibited. An exception can be made with the prior written approval of BMLT if the planting is to restore or enhance the Conservation Values. Planting of nonnative vegetation within 2

18 the Riparian Zone shall be done only as a temporary measure to promote establishment of native vegetation. Harvest of Native Plants: The commercial gathering, picking, taking, or harvesting of native plants, or any parts thereof, from the property is prohibited. Off-Road Vehicles: The operation of motorcycles, ATV s, dune buggies, snowmobiles, or any other type of motorized recreational vehicles, or the operation of other sources of compaction or erosion that could adversely impact the Conservation Values of the Property is prohibited. An exception is that motorized vehicles may be used for habitat enhancement, or maintenance purposes provided that the Conservation Values of the Property are not adversely impacted by such use. Water Rights: The exercise of reserved water rights in a manner that would materially impact or degrade the Conservation Values of the Protected Property is prohibited. 3

19 North Fork Touchet Dedloff Conservation Easement Acquisition 2013 SRFB Application Maps Map 1: Site Map 1

20 Map 2: Showing portion of property that is riparian (shaded) and upland (non-shaded) Map 3: Proximity Map. Shows relative location to USFS, other BMLT conserved land 2

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