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Interlocal Agreement for the Monitoring and Rehabilitation of Lake Ballinger08/05/2005 FRI 14:19 FAX 360 650 3323 Washington St, Archives 1 0U21018 AN INTERLOCAL AGREEMENT FOR THE MONITORING AND REHABILITATION OF. LAKE BALLINGER I. PARTIES TO THE AGREEMENT Pursuant to the Interlocal Cooperation Act, RCw Ch. 39.34, this agreement is entered into by and between: 1. The City of Edmonds (hereinafter: Edmonds) 2. The City of Mountlake Terrace (hereinafter: Mountlake Terrace) Collectively, the above PARTIES are referred to as the "PARTIES." IZ. DEFINITIONS AND TERMS 1. Lake Ballinger (hereinafter: the LAKE) 2. Lake Ballinger Restoration and Monitoring Plan (herinafter: the PLAN: a PLAN for the restoration and monitoring of. the LAKE as outlined in the attached supplement. Ill. FINDINGS The PARTIES find and agree that: 1. The restoration project funded 90% by the Environmental Protection Agency (hereinafter: EPA) and the Washington State Department of Ecology (hereinafter: DOE) has been completed and all available EPA and DOE grant funds have been expended; and 2. The final restoration project report identified excessive external nutrient loading as the major continuing problem within the LAKE and runoff from land uses within the LAKE'S drainage basin, as well as point and nonpoint discharges from various sources within the basin, as primary causes of the continuing pollution and Concluded that the LAKE and basin should be continuously monitored, and that nutrient loading be attenuated through a series of structural (settling basins, grass -lined swales, and other measures to be recommended as research proceeds) measures and nonstructural (surface water runoff control ordinances, dumping ordinances, and riparian zone protection ordinances) measures and watershed management techniques; and 3. All PANTIES who share in the LAKE'S drainage basin contribute to the LAKE'S problems; and ==#---0c,173__� 08/05/2005 FRI 11:19 FAX 360 650 3323 Washington St. Archives z003/018 Lake Ballinger Monitoring and Rehabilitation InterioCal Agreement Page 2 4. The Cities of Edmonds and Mountlake Terrace are the primary benefitting PARTIES in sharing the waterfront of the LAKE; and 5. Both Edmonds and Mountlake Terrace share some responsibility f.or continuing efforts to improve the condition of the LAKE and that each should share in its restoration as provided in this agreement; and 6. The PLAN, a copy of which is attached, is a reasonable and cost-effective means to continue to monitor the water quality of the LAKE and contributing basin and to take action toward reducing the current excessive external nutrient loading to acceptable levels. IV. PURPOSE The PARTIES agree that the purpose of this agreement is to implement the 1987 PLAN as hereinafter provided and to provide a framework for future years' PLANS. The PARTIES incorporate by reference the PLAN into the body of this agreement. V . IMPLRMLNTATION The PARTIES further agree that: ]. Mountlake Terrace is designated and accepts lead agency status for the purposes o€: (a) seeking federal, state, county, and/or local funds as may become available in the future for implementing the PLAN, including acting as grantee for any and all funds obligated to the PLAN; and (b) supervising monitoring activity; and (c) fiscal agent for the PARTIES regarding all funds involved in the restoration project; and (d) operation of all systems; and (e) receipt and handling of funds; and (f) awarding of contracts; and (g) all other requirements relating to its performance as lead agency. 08110512005 FRI 11:19 FAX 360 650 3323 Washington St, Archives 004/018 Take Ballinger Monitoring and Rehabilitation Interlocal Agreement Page 3 The monitoring and rehabilitatiori program to bci conducted during the PLAN and program administration shall he shared among the PARTIES in amounts based on: 50% Edmonds and 50% Mountlake Terrace. VI. MONITORING AND REHABILITATION LAKE LAWRATOW TREATMENTS STREAM T14l AI, T1QTA]'.' PARTY MC NITORING (A1+t3►LYS1 5 j (I F RDQ ` D f REHAB W/0 TREA'S',MD.dTi' W/'I'REATME,NT �* Edmonds 10,000 2,500 15,000 1,500 14,000 29,000 Mountlake Terrace 10,000 2,500 15,000 1,500 14,000 2?r000 Totals 20,000 5,000 30,000 3,000 29,000 58,000 *Treatments including aeration, alum, and/or harvesting of weeds shall be determined jointly by Edmonds and Mountlake Terrace. A. The above referenced local shares will be balled quarterly or semiannually, as determined by the lead agency. B. Fiscal and operating records maintained by Mountlake Terrace Qoncerning implementation of the PLAN shall be available for inspection and copying by the PARTIES. VII. RRQUTRED ACTIONS 1. The PARTIES agree that when nonpoint and point sources df pollution are identified in the basin, the PARTIES shall take such action as is necessary and practical to rectify and correct such pollution problems. VIII. DISPOSITION OF PROPERTY The PARTIES agree that: 1. Public structures erected or constructed under the terms of this agreement shall be the property of the party in whose jurisdiction they are located; equipment purchased to effectuate this agreement shall be the property of the party purchasing Name. 2. The laboratory shall be operated by Mountlake Terrace. 08/05/2005 FRI 14:20 FAX 360 650 3323 Washington St, Archives [ 0051018 Lake Ballinger Monitoring and Rehabilitation interlocal Agreement Page 4 I x . AMENDMENTS The PARTIES agree that: 1. Amendments to this agreement may be made in writing by the mutual approval ok both PARTIES. X. FUTURE PLANS The PARTIES agree that Cuture years' PLANS may be added to this Interlocal Agrp.eme-gt as jointly determined by the PARTIES. D a t 1— L� s An arson CITY OF MOUNTLAKE TERRACE ATTEST: City ark ( f" a -- z e Date / /(o - 97 Mayor Isar Na gY n CITY OF ED OND ATTEST:. city Cler& APPROVED AS TO FORM! Scott Snyd City Attorney CITY OF EDIT,r, S LakeAgrmt 08/05/2005 FRI 14:20 FAX 360 650 3323 Washington St, archives Z006/018 OUTLINE FOR WATER QUALITY !MONITORING FOR LAKE BALLINGER 1. Lake water quality monitoring A. 'water column 1. Temperature, ph, DO, Secchi disk transparency 2. Every meter surface to bottom 3. Sample weekly from May through September 4. Sample monthly March, April, October, November B. Epilimnion '. Composite Sample from thermocline to surface 2. Sample for chlorophyll a, phytoplankton, T-P, SRP, nitrate -nitrogen, ammonia -nitrogen, and TKN 3. Sample monthly May through November C. Hypolimnion 1. Composite sample from thermocline to bottom 2. Sample for chlorophyll a, phytoplankton, T-P, SRP, nitrate -nitrogen, ammonia -nitrogen, and TKN 3. Sample monthly May through November D. Sample composite of water column 1. April and December 2. Sample for chlorophyll a, phytoplankton, T-P, SRP, nitrate -nitrogen, ammonia -nitrogen, and TXN II. Hall Creek, McAleer Creek, Hypolimnetic Withdrawal A. DO and temperature 1. Weekly April -September B. DO, pH, temperature, T-P, SRP, TKN, nitrate. -nitrogen, and ammonia --nitrogen 1. Sample monthly 08/05/2005 FRI 14:20 FAX 360 650 3323 Washington St. Archives 007/018 .1 Outline for Water Quality Monitoring for rake Ballinger Page Two Ill. Storm drains A. Sample for nutrients B. Flow proportional sampling 1. Identify mean storm concentration C. Sample only those drains that are considered targets for nutrient reduction RBA/mf LakeOutline 08/05/2005 FRI .11:20 FAX 360 650 3323 Washington St, Archives J'008/018 THE PLAN To facilitate lake water quality monitoring, the cities of Mountlake Terrace and Edmonds agree to share the cost of setting up laboratory facilities such that analyses of the waters may be conducted (see attached). In addition, such laboratory will be utilized to analyze samples from Hall Creek, the Bypolimnetic Withdrawal system, and storm drains considered targets for nutrient reduction. In addition, Edmonds and Mountlake Terrace shall make every reasonable effort to eliminate point and nonpoint pollution in the Lake Ballinger watershed. Such removal will be accomplished via structural and nonstructural storm water treatment techniques, model ordinances, and enforcement proceedings in conjunction with DOE. Hall Creek enhancement projects shall continue in terms of water quality and fish habitat improvements. The use of vegetated or grass lined swales, diversion spillways, plantings, bank stabilization projects, and aeration structures will be emphasized during the 1987 season. Thereafter, enhancement projects will be identified that will upgrade water quality, raise Dissolved Oxygen levels, and lower temperatures in the creek. Should lake treatments such as alum application or aquatic weed control or aeration be required as jointly determined by Edmonds and Mountlake Terrace, cost sharing agreements previously defined shall determine funding levels from Edmonds and Mountlake Terrace. RA/dm Attachment TbePlan 1 0/30,/86 08/05/2005 FRI 14 0 21 FAX 360 650 3323 Washington St, Archives ?, 009 /m LAKE BALLINGER RESTORATION AND MONITORING PLAN 1987 INTRODUCTION The cities of Mountlake Terrace and Edmonds have been working in cooperation for a number of years on the rehabilitation and monitoring of Take Ballinger. As of June, 1986, monitoring responsibilities were shifted from the consultant, Kramer, Chin, & Mayo, Inc., to the City of Mountlake Terrace. Analysis of samples is being performed by Aquatic Research, a Seattle --based consulting firm. `1'o be effective, lake management and restoration efforts must encompass several areas. In -lake manipulations, such as the system operating as of this date, must go hand in hand with an integrated and carefully structured system of watershed management designed to control nutrient and pollution loading as well as drainage problems. Identification and control of nutrient loading and pollution must be viewed as the first step in the establishment of a basin management strategy. Identification includes physically tracking waterborne contaminants to sources, analyzing storm system waters for indications of loading sources, and establishment of a program that has the capability of identifying "hot -spots" and predicting probable sources of pollution. Controls must be built into the system such that peak loading of nutrients and floodwaters can be attenuated before impacts in Lake Ballinger are felt. Such methods include ponding storm waters prior to release into the lake; controlling release in terms of timing and volume; reducing silt loads with use, and maintenanca of in -stream ponds; open channels in lieu of closed pipe systems for storm water conveyance; and planning with adjacent jurisdictions to achieve the equal commitment to water quality considerations. Temperature is another factor that can be manipulated in the watershed. Shading of open channels is an important tool in reoxyg enar.ing efforts. Such shading can only be guaranteed by a mix of hardy native riparian species planted as close to a natural configuration as is possible. The monitoring/rehabilitation efforts are by no means inexpensive, and should be borne by all those involved. In our proposed budget we have included Alum application as a possible treatment to control algae and bind nutrients. in addition, we have included aquatic weed control figures. In light of the recommendations outlined in the 1986 draft Kramer, Chin, & Mayo, Inc., final report, such treatments may be necessary to insure the health of the lake. 08i05/2005 FRI 11:21 FAX 360 650 3323 Washington St, Archives Z010/018 Lake Ballinger Restoration and Monitoring Plan 1987 October 30, 1986 Page 2 in addition, a cast study of analyses conducted by an outside lab versus those conducted by an in-house lab reveals the feasibility of establishing a water quality lab capable of performing the rocommended analyses. In terms of an aggressive watershed management strategy, an in-house lab would provide the opportunity for pinpointing and monitoring loading sources without incurring prohibitive analysis charges. We must all realize and accept that protection of the Lake Ballinger watershed will be our strongest ally in the eventual rehabilitation of the lake. To accomplish the goal of a clean lake, storm systems, drainage ditches, essentially any discharge into the system must be free of nutrients. Nonpoint and point sources of pollution must be reduced or eliminated altogether. To allow greater monitoring flexibility and permit our joint effort torealize the greatest potential, from our investment, the lab, set up for monitoring, will accept samples from neighboring jurisdictions at a reduced cost., The City of Edmonds will be offered a limited number of analyses in conjunction with their cost sharing efforts in the laboratory. These analyses will be offered for a period of six months, the number of sampl.Es accepted to be determined at a later date. lifter the six-month period, analyses will be charged the same rate offered adjacent municipalities for additional samples. RA/dm Moni.torPlan 10/30/86 08/05/2005 FRI 11, 22 FAX 360 650 3323 lashington St, Archives #4 CITY OF-DMONDS AN' 1%TEPl-()rAh AGi i'CP;E;J'r tell? .11P; RPHABILITATION OV LAKI; BALLINCER ? Oii/018 T) I j l 17C - `4- VA \ 1S5 -a zt s4-- ►v _ 5-10 I. PARTIES TO THE AGPE;EMENT Pursuant to thF InterloCal Cooperation Act, RCW ch'. 39.34, this agreemetit is entered into by and between: (1) hinq County, (2) Snohomish County, (3) The City of Edmonds (11nreinafter; R.Jnon,ls), (4) Thp City of Lynnwood (hereinafter: Lynnwood), (5) The City of Mountlake Terrace (hereinafter: Mountlake Terrace), ane (6.) The State of Washington (thereinafter: the State). Collective,ty, thca,above parties are referred to as the "Parties". IZ_ DEFINTITIONS AND 'TERMS (1) Lake Ballinger (hereinafter; the LAKE). (2) Lake Pallinger ?restoration Plan (hereinafter; the Plan) : <a plan for the restoration of the LAKE contained in the Lake Ballinger Re_habilitatipn Study, completed June 20, 1977 and found in the Environmental Protcction Aga;hey13 grant agreement, Number 5-90$-77-FO]0, of March 31, 1978. III. FINDINGS The PARTIES find and agree that: (1) A study of the causes of and cures for the current level of pollution within the LAKE has recently been completed; and (2) The study identified accelnratecl eutroptication as the ma4.cr pollution problem within the LAKE, identifier] Stratification within the LAKE and runoff from land ust,s within the, LAKE'& drainage basin as primary causes elf that pollution, 08I0512005 FRI 14:22 FAX 360 R50 3323 Washington St, Archives ?012/m ?lnd "Ic)u(14�0 thkit the LAKE could tic .:tot c'd throucih 8 combi- nd"''i,on of :trui=tur.i'_ (hypo)ininC,Cjc -yphon out1t:L ahrl 7nLet structures and cettlirq hasin; on ti ll's Creek) ai;rj non-structural (surface water runoff cortrol ordininccs) measures; and (3) All parties who share the T.AKF`s drainage basin contribute to the LAKEts problem: and that_ thone parties With shoreline frontage or. the LAKE will t)enefit most from its restoration; and (4) FaCh of the PARTIES hears SomQ responsibility for improvinq LhL� condition of the LAKE and that each should share in its restoration as provided in this agreement; and (5) BUD Block Grant funds of bath Counties may by utilized for structural r(:stn-ration measures 6LiL)ject to allo- Cation sand approval by HUD; and (6) Mountlake Terrace has accepted grant fundinq from EPA and DoL in the amount of $772,734 for the capital cost of the PLAN; and (7) EPA has required that. the project be divided into LWo Phases, the second being corttinaent upon the results of the first .as indicated by a monitorinq program: Phase I consists of the construction of sedimentation ponds and related facilities; Phase aI, if juthorizec,, COn51St5 of the construction of hypolimnetic intake and discharge structures. (8) The STATF has responsibility for the maintertance of the level of the LAKE as the result of a court adjudication, Final Order No. 39542, filed Decenber 17, 1942; (a) Pursuant to RCN; 39.34.120, the oftice of Connunity Affazrs has reviewecl this agrgement. (.10) The PLAN, a copy of which is attached, is a reasonable -and cost-effective means to restore and maintain the rater quality of the LAKE. - 2 - 08/05/2005 FRI 11:22 FAX 360 -99 3323 Washington St, Archives f-013/018 1 V I-Ub C, The Parties thnt the .rponc ?f" this agrr,-Cm(w is to implemcnt the PLAN as hereafter provided. Tito PARTIES incorporate by reference the PLAN into the holy of this Aarecment. V. IMPLEMENTATION Or THE FLAN The PARTIES further agree that: 3 (1) Mountlake Terrace is dosiqnated anti accepts ' lead agency status for the purpore of. - (a) scckinq federal anti/or state funds for 1 implementing the PLAN; (b) supervising restoration activity, in- 1; eluding acting as grantee for any federal or 3 state funds obligated to the PLAN; } (c) monitoring the LAKE'r, water quality S during and after restoration activities; (d) gaily operation and maintenance of the PLAN's Phase I system; (e) fiscal agent for the PARTIES regarding I all funds involved in the restoration project; and r (f) operation of the system. r (2) Mountlake Terrace is solely responsible for complying . ..i With all applicable federal, stater and local laws governinq: (a) receipt and handlinq of grant funds; (b) awarding of contracts; and (c) all other requirements relating to its performance as lead agency. (3) A Study Advisory Committee ie hereby established to: (a) oversee corkluct of the FLAN, and (h) advise the Mountlake Terrace, in its status as head agency, on policy, design, operation and other issues relating to the PLAN that may arise curing tho PLAN's implementation, 3 - .aL I- .�... .♦ .. .fir.. ._ .•��r., .._. � .. .. .. 08/05/2005 FRI 11:22 FAX 360 650 3323 Washington St, Archives 2 014 /018 (4) The Study Advisory Committee shall be composed Of One Voting representative of each of the PARTIES and shall ' f meet regularly during ehe implementation of the PLAN, VS. FINANCES (1) The local share of the cost of the Pi1iM shall be &hared among the PARTIES as follows: A. Phase I costs (OX('luuing administration) shall be shared among the PARTIZ$ in amounts based on 75$ Lake Ballinger Frontage. and 25% Halls Creek Drainage Basin Acreage which lie withfn the PARTIES, jurisdiction as of August 1, 1978 as follows: PHASE I ' g $ Lake Halls Creek $ $ Party $rbntage Basin ^ront Basin Total Edmonds 44.5 12. 17415. Lynnwood 0 1565. 18,980 36- 0 Mountlake 4696. 4,596 Terrace 26.5 33. 10372. King County 0 0. 4305. 14,677 } 0 Snohomish 0 0 County x9.0 19. 11349 2479. 13,828 1001t 100% 39,136 13,043 52,131 The monitoring program to be conducted during and --� ' r between phase I and II of the PLAN and prog•rarn administration shall be shared among the PARTIES in amounts 'based on 75% Lake j i Aallinger Frontage and 251 Lake Ballinger Drainage Basin Acreage. MOg-TTORING Lake Take Ballinger $ $ Frontage Basin Fxppta�t� Basin Total Edmonds 44.5 16 2�515 Lynnwood 0 301 21816 21 0 Mauntlake 396 396 Terrace 26.5 25 1,499 King County 0 471 10969 20 0 Snohomish 377 377 j County 29.0 18 1_63g 339 1,g7B 100% 1001 51632 1,884 7,536 -4- 08/05/2005 FRI 11:23 FAX 360 950 3323 Washington St, Archives R 015/018 C. phase II costs (ex, ding administration), if in- curred, shall be shared among the P11R`ILS in amounts based on 75% Lake Ballinger Frontage and 25% Lake Ballinger Drainage Basin } acreage which lie within the PARTIES' ;jurisdiction as of August 1, ? 1978: 1 PHASE 11 Lake Lake Ballinger $ $ Par Frontage Basin Frontage Basin Total Edmonds d4.5 16 12,686 1,520 14,206 Lynnwood 0 21 0 11995 11995 Mountlake Terrace 26.5 25 7.554 2,377 91931 • r king County 0 20 0 11900 10900 i Snohomish 1 county 29.0 le _._a,2,67 1,710 91977 a F i 100% 100% 28,507 9,S02 38,009 D. The above -referenced local shares may be paid annually or in one lump sum. If the annual method is chosen, payment shall be mace by January 30th of each year. Other payment f methods may be utilized if agreed to in writing by the party desiring the changed method and MOUNTLAKL TERRACE. IE_ PARTIES other than Mountlake Terrace will in no rase be obligated to contribute in excess of their individtal u� maximum payments specified in this section. If MOUNTLAXE 'TERRACE accepts grants or signs contracts requiring a local match greater than $52,181 for Phase I, $7,536 for administration and monitoring program, or $38,009 for Phase II, '.it shall be solely responsible for the excess requirement unless, by written agreement, the PARTIES agree to in4rease their respective shares. A P. If the actual cost of the Phase I program administra- tion and the monitoring program, and/or Phase 11 is less than K presently estimated, thus lowering the required local share, any overpayments shall bi refunded to the respective parties. l G. .The PARTIES may use HUD Block Grant funds, if approved ' by HUD, to partially or completely offset local share requirements in any program year, ]PROVIDED that one County's Block Grant funds may not be used to offset the local share of the other county's ! PARTIES. -5- t 0811/0512005 FRI 14.23 FAX 360 65510 3323 Washington St, Archives j0161018 (i) Thr; oj,i,rat l n .inc' w..aintr1not cost; n! tnr, f;yrt.;ln (Iurir. the! Tyrant period (ostimated t( xtenc, to rchruat'y, 1981) for tine COnstructian of the project ate includ(:J within thCy COSts 1 listed in section ` 1, (1) Above. (3) Fincal and opera tinq records maintained by Mountlake 1 Toc ac-e concerning implementation of the PLAN shay_ be available for inspection and copying by the PARTIES. ,r V11 . RFOUI RED ACTIONS ( The PARTIES agree that: (l) Prior to beginning Phase II engineering or con- struction under the PLAN, the PARTIES shall develop and agree upon a management structure to provide shared making, � and funding concerning the operation and maintenance of facilities built pursuant to Phase 11 after the end of the cirant period. i (2) The management structure to be agreed upon by the PARTIES shall provide for shared policy decision making, shall delineate responsible agencies for operation and maintenance, } and shall quaxantee appropriate funding fcr operation and maintenance. 1 (3) Prior to beginning any construction under Phase 11 j {� of the PLAN, the management structure shall develop and agree upon: (a) A scope of work and a draft i.nterlocal aq Teem ent for funding a basin drainage plan for the hall and McAleer Creek Drainage Basins. (b) An operational F) ocedures manual for the facilities built hereunder which shall establish day-to-day operatinq procedures designed to maintain acceptable nutriont levels in both Lake Sal).ingc.r and McAleer Creek and an acceptable Lake level while providing flaw regulation for McAlear Creek. i' 6 �r� 08/05/2005 FRI A ; 23 FAX 360 950 3323 Washington St, Archives Z 01 i /018 ­_e I ( 4 ) Th('r PART I1:,a' sinn,iturf. )n t,hf (Irevinent It err inf however, rjo not constitute prier. 4ipprovaj of the manact(:•ment structure or operational manual to I)o devoloped pursuant to the above previsions. Fach PARTY retains the right to rQvicw and act upon Phase II ite,ns an they are developed. (5) The PAP.TU S shall inclicate satisfactory accomplishment of Phase II requirements to develop: (a) a management structure, (b) a basin drair+apa plan, (c) an operations manual, and (d) by signing one or more interlocal agreements by an(] between all the PARTIES, and any other agencies foond to he necessary and appropriate. (6) 5140HOMIS11 COUNTY shall consider the adoption of a surface water control ordinance within one (1) month of the effective date of this agreement. Said ordinance shall be similar to SNOMET's model ordinance, including at provision that in critical flood drainage and/or erosion areas, propet;t.y development which would increase the total surface water runoff volume leaving that property shall not be permitted, VIII. DISPOSITION OF PROPERTY The PARTIES agree that: (1) Public structures erected or constructed under the terms of this agreement shall bo the property of the party in which they are located; equipment purchased to effectuate this agreement shall be the property of the party which purchased it. IX. AMENDMENTS The PARTIES agree that: (1) Amendments to this agreemeht'may be made in writing by the mutual approval (if all parties hereto. - 7 - 08; 05i2005 FRI 11:24 FAX 360 650 3323 Washington St, Archives 2 018i018 0 X. utJr' TIGN (1) This aryrerq;'nt shall L5c in force tint zi the termination of the grant period which is anticipated to be on or about Fobruary, 1981. (23 The effective (late of this agreement Shall be August 1, 1978, or such date as all prospective parties to the I t agreement have signified their couCurrence, whichever elate is later. t A`M`F5 K 1NC, COUNTY ! 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