WSR 19-17-004
PROPOSED RULES
DEPARTMENT OF
NATURAL RESOURCES
[Filed August 8, 2019, 2:45 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-13-055.
Title of Rule and Other Identifying Information: WAC 332-120-080 Memorandum of understanding for bituminous surface treatment process, this new section under the survey monuments rules addresses land survey monument preservation in conjunction with county chip seal projects.
Hearing Location(s): On October 7, 2019, at 1:30 p.m., at the Department of Natural Resources (DNR) Tumwater Compound, 801 88th Avenue S.E., Main Conference Room, Tumwater, WA 98501-7019.
Date of Intended Adoption: November 1, 2019.
Submit Written Comments to: Patrick J. Beehler, PLS, 1111 Washington Street S.E., Mailstop 47030, Olympia, WA 98504-7030, email pat.beehlr@dnr.wa.gov, fax 360-902-1778, office 360-902-1181, by October 18, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To create a process for county engineers to enter into a memorandum of understanding (MOU) providing monument preservation during chip seal projects. This will allow for a reasonable way to be in compliance with RCW
58.24.040(8).
Reasons Supporting Proposal: Chip seal projects temporarily cover survey monuments but do not physically remove them. The chip seal has limited impact on access and ability to occupy those monumented positions. The MOU process will provide a cost savings to the county and DNR, and will greatly reduce paperwork.
Statutory Authority for Adoption: RCW
58.24.040(8).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DNR, governmental.
Name of Agency Personnel Responsible for Drafting: Patrick J. Beehler, PLS, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1181; Implementation and Enforcement: Bob Ray Knuth, PLS, 801 88th Avenue S.E., Tumwater, WA 98501-7019, 360-902-1190.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. There is little added expense to comply with the proposed WAC amendment. The reports and other submittals are already required by the county road administration board.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
August 7, 2019
Angus W. Brodie
Deputy Supervisor
State Uplands
NEW SECTION
WAC 332-120-080Memorandum of understanding for bituminous surface treatment process.
The purpose of a memorandum of understanding (MOU) is to cooperatively promote a reasonable method of survey monument preservation throughout the bituminous surface treatment process, hereinafter referred to as chip seal, in lieu of an application for permit to remove or destroy a survey monument, per WAC 332-120-030.
A state, county, or city agency, which desires to conduct a chip seal that will temporarily cover survey monuments in the roadway, may enter into an MOU in lieu of a permit. The MOU must detail the conditions and methods and require the uncovering of the survey monuments within fourteen days after completion of the chip seal project. The agency must annually provide the department with a list of proposed chip seal overlays prior to commencing work. A report must be submitted within forty-five days after completion of work.
An agency not entering into an MOU for bituminous surface treatment projects is required to submit a permit application per WAC 332-120-030.