Dungeness Rule Decision Scenarios

Assuming an existing residence (or year-round 5th wheel, or motor home) and an existing well (in use for domestic water supply prior to the rule’s effective date) – mitigation is not required in the following situations:

• Want to expand existing home (i.e. add bedrooms, bathrooms, build on to add a sunroom, etc) – Not a “new” use of water, therefore no mitigation fee will be required.

• Want to expand an existing home into a Bed & Breakfast by adding additional bedrooms, bathrooms, etc. While one could argue this is a “business” and therefore is a commercial/industrial use under the groundwater permit exemption, I see most B&B’s as generally a “intermittent occupancy” operation, so again, no mitigation fee required.

• Want to construct a separate building on the property (i.e. detached garage, “man-cave”, or other outbuilding (with a separate bathroom). No mitigation fee required, since in this case, the intended use is not for a residence.

Assuming an existing residence (or year-round 5th wheel, or motor home) and an existing well (in use for domestic water supply prior to the rule’s effective date) – mitigation is required in the following situations:

• Want to construct an Accessory Dwelling Unit (ADU) on property with an existing residence and well use. Since this is a separate, new structure with a bathroom, kitchen and laundry/utility where at least one person is living in as a permanent residence, then YES, a $1000 mitigation fee will be required.

• Have an existing well on the property, but have not built a residence yet. Only live on the property “part-time” in a 5th wheel or motor home. Although the well was put in prior to the effective date of the rule, and outdoor water use may have been established via outdoor irrigation, since property owner only lived part-time on the property, then YES, a $1000 mitigation fee will be required when property owner builds a permanent residence. Ecology does not interpret “intermittent camping” as establishing a water right for a domestic use.

1) Construct a new home with a detached building for small wood-working operation

 Land currently has no buildings and no well.  A new well will be constructed on property to provide water supply.

Decision:

 For new home: need to mitigate for indoor water.

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 For detached woodworking operation: do not need to mitigate since separate building would only have a bathroom served by same on-site new well.

2) Property with an existing well used for irrigation purposes prior to January 2, 2013

 Proposed action is to construct a separate structure to process (sort, wash, bag) onions  Estimated water usage is 50 gallons per day

Decision:

 Since irrigation water use on < 0.5 acre was established prior to effective date of rule, the additional use of water for onion processing operations is considered de minimus. No mitigation required.

3) 3-acre parcel for sale – prospective buyer wants to bring 2 horses on property

 Property has an existing house, is served by a well, is fenced and has irrigation rights through the Dungeness Ditch Co.

Decision:

 Since property has a house and well that were in use prior to effective date of rule and has outdoor irrigation rights via the Dungeness Irrigation Co, no mitigation necessary.  Water for 2 horses is considered de minimus and not a new use of water.

4) Property owner living in a 30-foot trailer on 5-acre parcel of property

 Property has an exempt well, and owner using well for water supply for 10 years.  Built a 3-car garage for storage and garlic hanging.  Built 2 greenhouses and a hoop house.  Installed a county approved 3-4 bedroom partially pressurized septic system.  Wants to build a house.

Decision:

 Although residents not living in a “Single Family Dwelling Unit” (as defined in Clallam County Code), they have been putting the water to beneficial use prior to the effective date of the rule, so no mitigation required. 2

5) Property owner living on 2.5-acre parcel of property in a motor home

 Owner using an exempt well on property for water supply for several years.  Wants to build a home.

Decision:

 Although residents not living in a “Single Family Dwelling Unit” (as defined in Clallam County Code), they have been putting the water to beneficial use prior to the effective date of the rule, so no mitigation required.

6) Group A and Group B water systems – rule requires hooking up to public water systems if possible

 Group A water systems: If your new home can be serviced by a Group A system, you must use them for your water supply. You only pay whatever fees that the Group A system charges to hook up and use water. You do not fall under any requirements to mitigate your use.  Group B water systems: If you join a Group B system more than 5 years after the first hookup, then you will need to pay for mitigation.

7) Property owner building on 1.5-acre parcel of property

 Land is currently vacant.  Owner has a small orchard (about 75’ x 75’) that next door neighbor irrigates from his well.  Property owner hiring contractors to  construct a well,  install a drain field and  build house

Decision:  Need to pay both indoor and outdoor (for 75’ x 75’) use mitigation fee.

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8) Property owner moving onto his parcel of property and live in a 5th wheel while building home

 Currently putting in a well and septic system.  Plans to live on property in 5th wheel and build in 2-3 years.

Decision:  Will need to pay mitigation fee for indoor use since well constructed after effective date of the rule.  Need to install a meter.  Will need to pay outdoor use mitigation fee when starting outdoor irrigation after house completed.

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