The URL can be used to link to this page

Home My WebLink AboutSWP272711 (5)l2.-3 0 8 US Army Corps of Engineers Seattle District CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: Name of Permittee: Date of Issuance 200600760 Renton City of Upon completion of the activity authorized by this permit, please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. Ef The work authorized by the above -referenced permit has been completed in u accordance with the terms and conditions of this permit. The mitigation required (not including monitoring) by the above -referenced permit has been completed in accordance with the terms and conditions of this permit. v,4 C o.,f we *;J S+..*J 7/0 7 ftj"-,+r 0, f 6U." /f Ar ccrPl4 Gy Cl-fr Coyo AI —!Z/v7 A_ S/08 Signature of Perndttee Daa:c/ C414e ty .Su•r4&(4 W..kr y 2 s- 400 72 93 bl ivhyy -sue UNITED STATES Z2� 1 �ti �l2 ' a �sF9- 0 UNITED STATE` DEPARTMENT OF THE INTERIOR 5 (Zr 3D11) " DEPARTMENT OF THE ARMY GEOLOGICAL SURVEY CORPS OF ENGINEERS 12205' /579 47030/ 55J�'^ E. R. 4 E. R. 5 E. SEATTLIE (CITY P.O.) 0 M1.12/30// 6 M . TO INTERSTATE 90 `4� (MERCERIISLAND ) lSSAOW 1 — t o i -- �� • a ghl 7 1y1f(.1:'�� 1 i \ \ y • It .^I I'�s 5260000..N i •� -- — - d 1i . ' ^%i / i _ '•y • S ' �,•� _i .' ! i� �I N; IV ORT' Bm tq / v- � thletrc �, � � ; - h s �• BM 3/3 � • �' asebaII Cem i 11 � ---�-�72/" •� � .� Park BM 321 F' 'RAILROAD_`q�r o s d ' gti 5258 3111 13 \� Golf Q'ourse j tl , +I I I __�bsta • • • . P �, T 30 • c rl l ' �. o"Sewage • l I \ '� a' 2 vl q G6 30 w Q �� posa ILI 5257 ��. • 11 �i.lh. M 16 1 .' ': \=-i f45- . 1� F �r - i' ! Longacro3 E... N Track °'I n. •.gin •, q y --- - — From: Daniel Carey To: Amy Klein Date: 10/23/2006 1:15:52 PM Subject: RE: 200600760 City of Renton - Renton Village Storm SystemProject Thanks Amy That's great news. Daniel >>> "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> 10/23/06 12:52 PM >>> Daniel- 1 recently submitted the approved permit verification to the section support team. Due to staffing shortages, there has been a backlog and delay in the finalization and mailing of permits. You should receive your permit soon - within a couple weeks. Amy -----Original Message ----- From: Daniel Carey fmailto:DcareyPci.renton.wa.usl Sent: Wednesday, October 18, 2006 9:01 AM To: Klein, Amy S NWS Cc: bbaker(a)g-o.com Subject: Re: 200600760 City of Renton - Renton Village Storm SystemProject Hi Amy, Thanks for letting me know of your staffing change. In my June 21, 2006 letter I stated that our schedule was to start construction in late August 2006. Unfortunately we were not able to complete the site investigations and design by that time. Our revised schedule is to have the project ready to bid in March 2007, and start construction in May 2007. To meet that schedule we would like to have the Army Corps review and approval, and any other federal reviews and permits needed, completed by the end of December 2006 or mid January 2007. Please let me know if you have any questions or need additional information regarding the JARPA application, Informal ESA Consultation, and proposed project design. We or our consultant, Gray & Osborne (Barry Baker), will try to provide any information needed to help with your review. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email. dcarey(q-)ci.renton.wa.us Ll `p - 2J -0t,14 From: "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army. mil> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 10/23/2006 12:52:43 PM Subject: RE: 200600760 City of Renton - Renton Village Storm SystemProject Daniel - I recently submitted the approved permit verification to the section support team. Due to staffing shortages, there has been a backlog and delay in the finalization and mailing of permits. You should receive your permit soon - within a couple weeks. Amy -----Original Message ----- From: Daniel Carey [maiIto: Dcarey@ci.renton.wa.us] Sent: Wednesday, October 18, 2006 9:01 AM To: Klein, Amy S NWS Cc: bbaker@g-o.com Subject: Re: 200600760 City of Renton - Renton Village Storm SystemProject Hi Amy, Thanks for letting me know of your staffing change. In my June 21, 2006 letter I stated that our schedule was to start construction in late August 2006. Unfortunately we were not able to complete the site investigations and design by that time. Our revised schedule is to have the project ready to bid in March 2007, and start construction in May 2007. To meet that schedule we would like to have the Army Corps review and approval, and any other federal reviews and permits needed, completed by the end of December 2006 or mid January 2007. Please let me know if you have any questions or need additional information regarding the JARPA application, Informal ESA Consultation, and proposed project design. We or our consultant, Gray & Osborne (Barry Baker), will try to provide any information needed to help with your review. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email: dcarey@ci.renton.wa.us >>> "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> 09/28/06 11:14 >>> AM >>> > Greetings, N > Your previous project manager, Ms. Sarah Rahman, recently retired > have been assigned as your new project manager. I have not yet > reviewed your file but will contact you shortly with a status update. > Please call or e-mail me for all future correspondence. > Thank you, > Amy Klein > Amy S. Klein > Regulatory Program > U.S. Army Corps of Engineers - Seattle District PO Box 3755 Seattle, > Washington 98124 > Phone: 206.766.6438 > Fax: 206.764.6602 > amy.s.klein@usace.army.mil Y 6-2/-06 CITY OF RENTON v �f ' IL ve, �t Kathy Keolker, Mayor June 21, 2006 U.S. Army Corps of Engineers Seattle District Regulatory Branch Post Office Box 3755 Seattle, WA 98124-3755 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Subject: JARPA Form and Supplemental Information for City of Renton — Renton Village Storm System Improvement Project Dear Gentlemen: The City is applying for the Army Corps review and any permits necessary for rebuilding the existing storm system outfall to Rolling Hills Creek, located at the south side of the Renton Village Shopping Center. The City plans to replace approximately 550 feet of failing storm system with a new concrete storm system, and will need to replace the existing storm system outfall with a new outfall. The City's consultant performed a wetland evaluation at the outfall and determined that no wetlands were present. Enclosed are the following forms and information for the proposed City project: Joint Aquatics Resource Permit Application (JARPA) Project Drawings (8 1/2 x 11) Informal ESA Consultation for the Project Area Wetland Delineation and Reconnaissance Report The City's proposed schedule is to start work on the project about August 21 — 31, 2006, and complete the work by November 30, 2006. Construction is expected to take about 60 working days. If the permitting or design delays occur, the project construction would need to be postponed until the spring/summer of 2007. Please review the information and let me know when you anticipate issuing the applicable permits. If you have any questions or need additional information, please call me at 425-430-7293. Sincerely, Daniel Carey, P.E. Surface Water Utility Engineer Enclosures cc: Washington Dept. of Fish and Wildlife Washington Dep. Of Ecology for 401 Water Quality Certification City of Renton. Development Services Barry Baker. Gray & Osborne H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2711 Renton Village\2006 CIP Pipe Rplcmt\ 1000 Corrspd\060620 JARPA ACE CoverLetter.doc\DCtp R E N T O N 1055 South Grady Way - Renton, Washington 98055 AHEAD OF THE CURVE This paper contains 50%recycled material, 30� post consumer AGENCY CONTACTS Below is a list of agencies to which a copy of the Joint Application may be sent, and which permit each agency issues. Technical assistance and information is also available from these offices. State of Washington Office of Regulatory Assistance (Technical assistance only. Do not mail application here) State of Washington Office of Regulatory Assistance Mailing Address PO Box 47600 Olympia, WA 98504-7600 Physical Address 300 Desmond Drive Lacey, WA 98504 Department of the Army Permit(s)(Section 404 or Section 10) U.S. Army Corps of Engineers, Seattle District Regulatory Branch Post Office Box 3755 Seattle, WA 98124-3755 U.S. Army Corps of Engineers Eastern Washington Information P.O. Box 273 Chattaroy, WA 99003-0273 U.S. Army Corps of Engineers Central Washington Information P.O. Box 2829 Chelan, WA 98816-2829 Department of Ecology Permits — 401 Water Quality Certification Washington State Department of Ecology — Headquarters Mailing Address Post Office Box 47600 Olympia, WA 98504-7600 Attn: Federal Project Manager Physical Address 300 Desmond Drive Lacey, WA 98504 Central Region 15 West Yakima Avenue, Ste 200 Yakima, WA 98902-3401 Attn: Federal Project Manager Eastern Region 4601 North Monroe, Suite 202 Spokane, WA 99205-1295 Attn: Federal Project Manager v/ Northwest Region 3190 - 160th Avenue S.E. Bellevue, WA 98008-5452 Attn: Federal Project Manager Southwest Region Mailing Address: P.O. Box 47775 Olympia, WA 98504-7775 Attn: Federal Project Manager Physical Address: 300 Desmond Drive Lacey, WA 98504 Telephone 1-800-917-0043 or (360) 407-7037 Fax (360) 407-6904 Telephone (206) 764-3495 FAX (206) 764-6602 Telephone (509) 238-4570 FAX (509) 238-4570 Telephone (509) 682-7010 FAX (509) 682-7710 Telephone (360) 407-6000 Telephone (509) 575-2490 FAX (509) 575-2809 Telephone (509) 329-3400 FAX (509) 329-3529 Telephone (425) 649-7000 FAX (425) 649-7098 Telephone (360) 407-6300 FAX (360) 407-6305 7 ECY 070-15 (Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 Department of Fish and Wildlife (Hydraulic Project Approval) - Submit 3 copies of the JARPA application to Regional offices. Contact regional offices for questions or assistance. Headquarters Washington State Department of Fish and Wildlife Telephone (360) 902-2534 600 Capitol Way North TDD (360) 902-2207 Olympia, Washington 98501-1091 FAX (360) 902-2946 Region 1 (Pend Oreille, Ferry, Stevens, Spokane, Lincoln, Whitman, Columbia, Garfield, Asotin, and Walla Walla Counties) Washington State Department of Fish and Wildlife Telephone (509) 892-1001 2315 North Discovery Place FAX (509) 921-2440 Spokane, WA 99216 Region 2 (Okanogan, Douglas, Grant, Adams, and Chelan Counties) Washington State Department of Fish and Wildlife Telephone (509) 754-4624 1550 Alder Street NW FAX (509) 754-5257 Ephrata, WA 98823-9699 Region 3 (Franklin, Kittitas, Yakima, and Benton Counties) Washington State Department of Fish and Wildlife Telephone (509) 575-2740 1701 South 24th Avenue FAX (509) 575-2474 Yakima, WA 98902-5720 Region 4 (Whatcom, Skagit, Snohomish, King, Island, and San Juan Counties) Washington State Department of Fish and Wildlife Telephone (425) 775-1311 16018 Mill Creek Boulevard FAX (425) 338-1066 Mill Creek, WA 98012-1296 Region 5 (Lewis, Wahkiakum, Cowlitz, Skamania, Clark, and Klickitat Counties) Washington State Department of Fish and Wildlife Telephone (360) 696-6211 2108 Grand Blvd. FAX (360) 906-6776 Vancouver. WA 98661-4624 Region 6 (Pacific, Pierce, Thurston, Grays Harbor, Mason, Jefferson, Clallam, and Kitsap Counties) Washington State Department of Fish and Wildlife Telephone (360) 249-4628 48 Devonshire Road FAX (360) 664-0689 Montesano, WA 98563-9618 Local Government (Shoreline Management Act Approval) Appropriate City or County Planning, Building, or Community Development Department Refer to: http://www.ora.wa.gov/counties/index.htm.for city and county contact information. Natural Resources Conservation Service (NRCS), formerly Soil Conservation Service (SCS) for information regarding activities on agricultural land NRCS Telephone (509) 323-2900 West 316 Boone Avenue, Suite 450 FAX (509) 323-2909 Spokane, WA 99201-2348 Coast Guard Section 9 Bridge Permit Commander 131h Coast Guard District (OAN) Telephone (206) 220-7282 915 Second Avenue. Room 3510 FAX (206) 220-7265 Seattle, WA 98174-1067 Attn: Bridge Administrator Private Aids to Navigation Commander 13`h Coast Guard District (OAN) Telephone (206) 220-7285 915 Second Avenue, Room 3510 FAX (206) 220-7265 Seattle, WA 98174-1067 Attn: PATON Manager Department of Natural Resources, Aquatic Resources Authorization to use bedlands, tidelands, or shorelands of navigable waters Headquarters Telephone (360) 902-1000 Northwest Region Telephone (360) 856-3500 Pacific Cascade Region Telephone (360) 577-2025 South Puget Sound Region Telephone (360) 825-1631 Northeast Region Telephone (509) 684-7474 Southeast Region Olympic Region Telephone (509) 925-8510 Telephone (360) 374-6131 ECY 070-15 (Rev. 11 /04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 OCT 2 6 LUUu Regulatory Branch City of Renton Surface Water Utility Mr. Daniel Carey 1055 South Grady Way Renton, Washington 98055 Dear Mr. Carey: Reference: 200600760 Renton, City of We have reviewed your application to replace and redesign a failing culvert and outfall pipe, place up to 20 cubic yards of rocks and/or soft gabion to reduce bank erosion at the culvert outfall point, and also divert the stream channel during construction in Rolling Hills Creek at Renton, King County, Washington. Based on the information you provided to us, Nationwide Permit 7, Outfall Structures and Maintenance, Nationwide Permit 13, Bank Stabilization, and Nationwide Permit 33, Temporary Construction, Access, and Dewatering (Federal Register, January 15, 2002, Vol. 67, No. 10), authorize your proposal as depicted on the enclosed drawings dated June 2006. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 7, 13, and 33, Terms and Conditions. We are unable to determine whether or not your project requires individual Water Quality Certification and a Coastal Zone Management consistency determination response from the Washington State Department of Ecology (Ecology). Before you may proceed with the work authorized by this NWT, you must contact the following Ecology office regarding these requirements: Nationwide Permit Coordinator, Department of Ecology, SEA Program, Post Office Box 47600, Olympia, Washington 98504-7600; telephone (360) 407-6926. If more than 180 days pass without Ecology responding to your individual WQC and CZM consistency determination concurrence request, your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. You may then proceed to construction. We have reviewed your project pursuant to the requirements of the Endangered Species Act and the Magnuson -Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat (EFH). We have determined that this project complies with the requirements of NWT National General Condition 11 and will not adversely affect EFH. This verification is valid until the NWPs are modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is -2- incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation of the NWPs to complete the activity under the present terms and conditions of theses nationwide permits. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the 1899 Rivers and Harbors Act. Also, you must obtain all State and local permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permit process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.arm (select "Regulatory" and then "Regulatory/Permits"). If you have any questions about this letter, please contact me at (206) 766-6438 or via email at Amy. S.Klein(a)usace.army.mil. Sincerely, awl Amy S. Klein, Project Manager North Application Review Section Enclosures paea or + o, US Army Corps CERTIFICATE OF COMPLIANCE of Engineers WITH DEPARTMENT OF THE ARMY PERMIT„DM�*' Seattle District Permit Number: 200600760 Name of Permittee: Renton City of Date of Issuance: OF Upon completion of the activity authorized by this permit, please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. �j The work authorized by the above -referenced permit has been completed in accordance with the terms and conditions of this permit. The mitigation required (not including monitoring) by the above -referenced permit has been completed in accordance with the terms and conditions of this permit. �v,4 C Accrpl-� Gy c��y � s/o8 04n2i-e C�Il 12-3-og Signature of Pe ttee Dao;el Ca -me yl.s- y.?,,-7293 S&4-r-Fst4 Wakr l.�fi/i7�. I I y�PPII oFQy US army corps CERTIFICATE OF COMPLIANCE of Engineers o WITH DEPARTMENT OF THE ARMY PERMIT Seattle District k"�^ Permit Number: 200600760 Name of Permittee: Renton, City of Date of Issuance: u 2 G 2006 Upon completion of the activity authorized by this permit, please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. ❑The work authorized by the above -referenced permit has been completed in accordance with the terms and conditions of this permit. The mitigation required (not including monitoring) by the above -referenced ❑ permit has been completed in accordance with the terms and conditions of this permit. Signature of Permittee LOCATION MAP PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 1220 12' 42" Datum: NAVD 1988 RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055��, t NEEKZZ::�� 0 1 2 NORTH SCALE 1" = 2 MILES Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 1 of 7 VICINITY MAP in es SITE PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 122° 12' 42" 0 500 1000 Datum: NAVD 1988 NORTH SCALE 1" = 1000 FT RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 2 of 7 'I) C I" G)L : L0 0 PL. \A VIEW PHOTO Existing Storthi., Pipes One Renton Phfqeil PROJECT SITE LATITUDE: 47r2EY 8^ U 5 lF U 100 LONGITUDE: U Datum: �NAVO1O88 " SCALE 100FT NORTH = RENTON VILLAGE STORM SYSTEM Applicant: City of Renton IMPROVEMENT PROJECT Reference #: Replace a Failing Storm System, including Waterway: Rolling Hills Creek Rebuilding the Outfall to the Creek Sec. 19 T.23N R.5E Prepared- June 2006 Location: Renton Village Shopping Center Sheet 3 of 7 555 S Renton Village Place L!enton, King County, Washington, 98055 —t Ct� PLAN VIEW RVA Office LLC City has Easemert for Storm RVA Office LLC Renton Village Mc mt Co. 520 Pike St, Suite 1500 Seattle, WA 9810 Thriftway Grocery Store City has Easement for Storm RVA Center LLC Renton Village Mgmt Co. 520 Pike St, Suite 1500 Seattle, WA 98101 Ex. Parking Lot \/ / �+ Proposed Replacement 1 Storm System Existing Storm —III Pipes a I I Ex. Parking Lot "I WI Ord nary High Water I Li ie (approx.) � OPe� J I Conc. Curb n Ex. Parking Lot Existing Storm Pipes a� �NCN C/ �"%x. Parking Lot M72-INCH CONC South Renton Village PL One Renton Place City has Easement for Stor Renton Properties LLC HAL Real Estate 2025 First Ave, Suite 700 Seattle, WA 98121 Replace Existing Outfall With New Outfall. Install Bank rotection and Revegetate. 1.405 Existing Storm Rolling Hills Creek Pipes PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 122° 12' 42" 0 50 100 Datum: NAVD 1988 NORTH SCALE 1" = 100 FT RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98065 Applicant: City of Renton Reference #: �20Tb Lyb � (.,, C) Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 4 of 7 OUTFALL PLAN VIEW REMOVE OLD CMP PIPE AND TEMPORARY RIP —RAP RESTORE PARKING LOT TO ❑RIGINAL CURB LINE II 28� \ � 2c B INE ° n n BANK GpP �Q B v ��R PROTECTION LNr 1/3 SEE DETAIL EXCAVATED \ / �o. SCOUR POOL r�(k NEW ❑UTEALL o. C ❑RDINARY HIGH WATER LINE �J x J 24 BANK/ J—HOOK PROTECTION SEE DETAIL SEE DETAIL CR❑SS—SECTIONS PROJECT SITE LATITUDE: 47° 28' 8" LONGITUDE: 122° 12' 42" 0 5 10 t MENNEz:zNNMr= Datum: NAVD 1988 NORTH SCALE 1" = 10 FT RENTON VILLAGE STORM SYSTEM Applicant: City of Renton IMPROVEMENT PROJECT Reference #: o2 UUCx u)U i tv-L Replace a Failing Storm System, including Waterway: Rolling Hills Creek Rebuilding the Outfall to the Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Location: Renton Village Shopping Center 555 S Renton Village Place Sheet 5 of 7 Renton, King County, Washington, 98055 ORDINARY WATER DEPTH 12 INCHES (nppx.) CREEK BOTTOM I ORDINARY WATER DEPTH 12 INCHES (appx.) CREEK BOTTOM J-HOOK CROSS -SECTIONS TYPICAL SECTION�� SCALE: NOT TO SCALE TYPICAL SECTION_ B SCALE1 NOT TO SCALE TYPICAL SECTION rC"� SCALE: NOT TO SCALE RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 TOP OF BANK TOP OF BANK TOE OF BANK Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E PROJECT SITE LATITUDE: 47° 28' 8" LONGITUDE: 122° 12' 42" Prepared: June 2006 Sheet 6 of 7 BANK PROTECTION CROSS SECTION --- TOP OF BANK EL, VARIES GE❑TEXTILE WRAPPED \ LIVE STAKES MATTRESSES 1'-1.5' THICK 3' MAX. 4' MIN. LENGTH 4' MIN. BANK EMBEDMENT LIVE BRANCH BUNDLES ALL DISTURBED AREAS SHALL BE 6' THICK, 5' MIN. BANK SEEDED WITH NATIVE GRASSES EMBANKMENT \ �? 1 ORDINARY HIGH \ WATER MARK \ �— 6' NATIVE TOE OF BANK T❑PS❑IL FILL ELEVATION VARIES 2 - .� 1F %_ CREEK BOTTOM 7 •• ii o z STAKED GE❑TEXTILE Zo z I� NATIVE T❑PS❑IL BACKFILL 3 II BALLAST BACKFILL TOE 1 MCIC 1' MIN. THICKNESS CREEK BANK REGRADE AND TREATMENT TYPICAL SECTION SCALE: NOT TO SCALE TOP OF BANK EL, VARIES ORDINARY HIGH WATER MARK TOE OF BANK ELEVATI❑N VARIES CREEK BOTTOM `oTz° 11 if r T❑E YROM( LIVE STAKES 3' MAX. 4' MIN. LENGTH ALL DISTURBED AREAS SHALL BE SEEDED WITH NATIVE GRASSES w Z �- 6' NATIVE II TOPS❑IL FILL o Z STAKED GE❑TEXTILE iij y ' NATIVE TOPS❑IL BACKFILL Wr�— BALLAST BACKFILL F MIN. THICKNESS J-HOOK CONNEC11ON TO CREEK BANK TYPICAL SECTION SCALE: NOT TO SCALE RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 Applicant: City of Renton Reference #: ,&(,, . �� D Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 122' 12' 42" Prepared: June 2006 Sheet 7 of 7 US Army Corps of Engineers Seattle District NATIONWIDE PERMIT 7 Terms and Conditions Effective Date: March 18, 2002 A. Description of Authorized Activities — page 1 B. Corps Regional Specific Conditions for this NWP — page 2 C. EPA, Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWP — page 2 D. State WQC Conditions for this NWP — page 2 E. State CZM Consistency Determination Conditions for this NWP — page 3 F. Corps National General Conditions for all NWPs — page 3 G. Corps Regional General Conditions for all NWPs — page 11 H. Additional Limitations on the Use of NWPs — page 13 I. Further Information — page 13 maps OFEh F� 9p Q`t+7oa. rad° In addition to any special condition that may be required on a case -by -case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 7 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Outfall Structures and Maintenance. Activities related to: (i) Construction of outfall structures and associated intake structures where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted, or are otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the CWA), and (ii) Maintenance excavation, including dredging, to remove accumulated sediments blocking or restricting outfall and intake structures, accumulated sediments from small impoundments associated with outfall and intake structures, and accumulated sediments from canals associated with outfall and intake structures, provided the activity meets all of the following criteria: a. The permittee notifies the District Engineer in accordance with General Condition 13; b. The amount of excavated or dredged material must be the minimum necessary to restore the outfalls, intakes, small impoundments, and canals to original design capacities and design configurations (i.e., depth and width); C. The excavated or dredged material is deposited and retained at an upland site, unless otherwise approved by the District Engineer under separate authorization; and d. Proper soil erosion and sediment control measures are used to minimize reentry of sediments into waters of the US. The construction of intake structures is not authorized by this NWP, unless they are directly associated with an authorized outfall structure. For maintenance excavation and dredging to remove accumulated sediments, the notification must include information regarding the original design capacities and configurations of the facility and the presence of special aquatic sites (e.g., vegetated shallows) in the vicinity of the proposed work. (Sections 10 and 404) B. CORPS REGIONAL CONDITIONS FOR THIS NWP None C. EPA, PUYALLUP TRIBE AND CHEHALIS TRIBE WQC CONDITIONS FOR THIS NWP EPA, Puyallup Tribe and Chehalis Tribe water quality certification (WQC) has been denied without prejudice. An individual WQC is required for all Section 404 activities. D. STATE WQC CONDITIONS FOR THIS NWP State WQC has been partially denied without prejudice for this permit. 1. The NWP authorizes outfall construction only and does not authorize the discharge of effluent from the outfall. No effluent shall be discharged until the applicant has received a National Pollutant Elimination System permit, waiver, or other applicable approval from the appropriate Federal State or local authority. 2. An individual 401 Certification is required for projects or activities authorized under this NWP if the project/activity will likely result in any of the following adverse effects: The project or activity will likely cause or contribute to an exceedance of a State water quality standard (WAC 173-201A) or sediment quality standard (WAC 173-204). The requirement to obtain an individual 401 certification shall not apply to projects or activities that are carried out in accordance with the following permits, approvals, or management practices. These projects are presumed to comply with state water quality standards including state sediment management standards: (1) Projects, activities or portions of projects or activities designed, constructed, and maintained in accordance with the stormwater standards and practices contained in the most current version of Ecology's Stormwater Manual or an Ecology approved equivalent. (2) For WSDOT in -water or over -water construction and maintenance activities, an individual 401 certification is not required for those projects carried out in compliance with conditions 2 through 4 below and the Ecology approved Implementing Agreement regarding compliance with the state of Washington Surface Water Quality Standards. Compliance with this condition will be determined through receipt of a signed statement by the WSDOT project engineer or maintenance supervisor, guaranteeing that the project will meet the latest Ecology approved Water Quality Implementing Agreement for work In -Water. This statement shall be sent to the Corps of Engineers along with the JARPA application. b. For projects/activities not designed in accordance with either Ecology's stormwater manual or an Ecology approved equivalent, or for projects where there is credible site specific information which indicates that the permits, approvals, or management practices identified above will not be sufficient to meet state water quality standards, the applicant may provide documentation with the application that the project/activity will otherwise comply with state water quality standards. An individual 401 Certification is required for projects which are unable to provide documentation that the project/activity will otherwise comply with state water quality standards. Projects or activities that cause or contribute to a discharge to a waterbody on the state's list of impaired waterbodies [i.e., the 303(d) list] and the discharge may result in further exceedances of a specific parameter the waterbody is listed for. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://www.ecy.wa.gov/'programs/wq/303d/1998hvrias/1998_water_segs.pdf or by contacting Ecology's Federal Permits staff. NOTE: An individual 401 Certification will not be required if the applicant provides documentation showing that the project or activity will either not result in a discharge containing the listed parameter or, if present, the parameter will not contribute to an increased impairment of the waterbody. d. Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g., soil bioengineering, biotechnical design, rock barbs, etc.) NOTE: An individual 401 certification will not be required if the project/activity is designed and constructed in accordance to guidelines developed by the Washington State Department of Fish and Wildlife. E. STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR THIS NWP The Coastal Zone Management (CZM) Consistency Determination has been partially denied without prejudice for this NWP. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. F. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non- federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://wwwfws.govlr9endspplendspp.httnl and http://www.nmfs.noaa.govlprot_reslovewiewles.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the pernuttee; (9) For NWP 29 (Single -Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1/4-acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 1/4-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(o); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the -entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear -feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)- (18) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1/2-acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than (1/4-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3-acre). 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project -specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4-acre of wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss associated with NWP 39 verification. However, 1/2-acre of created wetlands can be used to reduce the impacts of a 1/2-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (0 Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification' may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. m (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e., 5 cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. G. CORPS REGIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Mature Forested and Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in mature forested wetlands or bog and bog -like wetlands or just these components of a wetland system (as defined in the Defmition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being, or has been, accomplished in accordance with the terms and conditions of your permit. 3. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 — Utility Line Activities (substations and access roads) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Crossings NWP 23 — Approved Categorical Exclusions NWP 29 — Single -Family Housing NWP 39 — Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific 11 Avenue), then south to the centerline of I-5; then east (northbound lanes) along I-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along I-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 4. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), the following NWPs can be used only in those areas designated as "Developable Wetlands": NWP 14 — Linear Transportation Crossings NWP 23 — Approved Categorical Exclusions NWP 29 — Single -Family Housing NWP 33 — Temporary Construction, Access and Dewatering NWP 39 — Residential, Commercial, and Institutional Developments NWP 40— Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for any acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 5. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times: Work prohibition times: (1) Nesting between January I and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). 12 Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office — (360) 753-9440 East of Cascades: Ephrata— (509) 754-8580 or Spokane— (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland — (503) 231-6179 H. ADDITIONAL LIMITATIONS ON THE USE OF NWPs 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. If future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you will be required, upon due notice from the U. S Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. I. FURTHER INFORMATION Further information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed on our Internet page: http://Www.nws.usace.army.mil (select "Regulatory/Permits"). 13 omI NATIONWIDE PERMIT 13 Army Corps of Engineers Terms and Conditions of Seattle District Effective Date: March 18, 2002 A. Description of Authorized Activities — page 1 B. Corps Regional Specific Conditions for this NWP — page 2 C. EPA, Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWT — page 3 D. State WQC Conditions for this NWP — page 3 E. State CZM Consistency Determination Conditions for this NWP — page 4 F. Corps National General Conditions for all NWPs — page 4 G. Corps Regional General Conditions for all NWPs — page 11 H. Additional Limitations on the Use of NVVPs — page 13 L Further Information — page 13 In addition to any special condition that may be required on a case -by -case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 13 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into or out of any wetland area; f. No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" General Condition 13 and the District Engineer determines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWP may not be used for the channelization of waters of the US. (Sections 10 and 404) B. CORPS REGIONAL CONDITIONS FOR THIS NWP 1. The permittee must notify the District Engineer in accordance with National General Condition 13 for all bank stabilization projects. 2. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition. To enable the Corps in making this determination, the notification must include the following assessments: a. The cause(s) and mechanism(s) of any existing or imminent bank failure in the project area; b. Sediment movement and deposition patterns in and near the project area, with and without the proposed project; c. Existing and with -project habitat conditions including use of the project area by animal and plant species. d. Why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. e. How the proposed project incorporates least environmentally damaging practicable bank protection methods. These methods include but are not limited to the use of bioengineering, biotechnical design, root wads, large woody debris, native plantings, beach nourishment in certain circumstances, and fish friendly riprap designs. The permittee shall minimize the disturbance of existing vegetation in the project area and, following construction, revegetate disturbed areas with native plant species. NOTE: Information useful in preparing the assessments required above are: • the Washington State Department of Fish & Wildlife's Integrated Streambank Protection Guidelines, http:/iwww.wa.gov; wdfxv/hab/ahg/ispgdoc.htm#toctop, (especially for fresh waters); • King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem, http: //dnr.meh-okc.gov/wlr,lwatersheds/puget, nearshoreisonr.htm; • the White Papers, Marine and Estuarine Shoreline Modification Issues, and Ecological Issues in Floodplains and Riparian Corridors, Over -Water Structures: Freshwater Issues http://'www.wa.gov/'wdf'%v,,,'hab./aho/mari-irsrc.htm NOTE: Bank protection length, especially in the case of barbs, is measured as the total length of shoreline/bank to be protected by the structure. NOTE: This nationwide permit does not authorize discharges of fill for bank protection in special aquatic sites including wetlands, mudflats, and pool and riffle complexes waterward of the ordinary high water line. C. � EPA, PUYALLUP TRIBE AND CHEHALIS TRIBE WQC CONDITIONS FOR THIS NWP EPA, Puyallup Tribe and Chehalis Tribe water quality certification (WQC) has been denied without prejudice. An individual WQC is required for all Section 404 activities. D. STATE WQC CONDITIONS FOR THIS NWP State WQC has been partially denied without prejudice for this permit. An individual WQC, in addition to an approved mitigation plan, is required prior to starting work for any fill -related impacts to tidal waters or to non -tidal wetlands adjacent to tidal waters. 1. Proposed projects using any upright structures (e.g., retaining walls, concrete or timber bulkheads, etc.) 2. Projects that are greater than 500 feet in length. 3. The project or activity will likely cause or contribute to an exceedance of a State water quality standard (WAC 173-201A) or sediment quality standard (WAC 173-204). The requirement to obtain an individual 401 certification shall not apply to projects or activities that are carried out in accordance with the following permits, approvals, or management practices. These projects are presumed to comply with state water quality standards including state sediment management standards: a. For WSDOT in -water or over -water construction and maintenance activities, an individual 401 certification is not required for those projects carried out in compliance with 4 through 5 below and the Ecology approved Implementing Agreement regarding compliance with the state of Washington Surface Water Quality Standards. Compliance with this condition will be determined through receipt of a signed statement by the WSDOT project engineer or maintenance supervisor, guaranteeing that the project will meet the latest Ecology approved Water Quality Implementing Agreement for work In -Water. This statement shall be sent to the Corps of Engineers along with the JARPA application. 4. Projects or activities that cause or contribute to a discharge to a waterbody on the state's list of impaired waterbodies [i.e., the 303(d) list] and the discharge may result in further exceedances of a specific parameter the waterbody is listed for. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://Www.ecy.wa.gov/programs/wq/303d/1998/wrias/1998_water_segs pdf or by contacting Ecology's Federal Permits staff. NOTE: An individual 401 Certification will not be required if the applicant provides documentation showing that the project or activity will either not result in a discharge containing the listed parameter or, if present, the parameter will not contribute to an increased impairment of the waterbody. 5. Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g., soil bioengineering, biotechnical design, rock barbs, etc.). NOTE: An individual 401 certification will not be required if the project/activity is designed and constructed in accordance to guidelines developed by the Washington State Department of Fish and Wildlife. E. , STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR THIS NWP The Coastal Zone Management (CZM) Consistency Determination has been partially denied without prejudice for this NWP. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. F. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permttee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important 4 component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non- federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://www.f vs.govlr9endspplendspp.html and http://Www.nmfs.noaa.govlprot—res/overviewles.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single -Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1/4-acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 1/4-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the -entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear -feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)- (18) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1/2-acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than (1/4-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3-acre). 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project -specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4-acre of wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss associated with NWP 39 verification. However, 1/2-acre of created wetlands can be used to reduce the impacts of a 1/2-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. 10 (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e., 5 cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. G. CORPS REGIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Mature Forested and Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in mature forested wetlands or bog and bog -like wetlands or just these components of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) - Maintenance NWP 20 - Oil Spill Cleanup NWP 32 - Completed Enforcement Actions NWP 38 - Cleanup of Hazardous and Toxic Waste NWP 40(a) - USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being, or has been, accomplished in accordance with the terms and conditions of your permit. . 3. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 — Utility Line Activities (substations and access roads) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Crossings NWP 23 — Approved Categorical Exclusions NWP 29 — Single -Family Housing NWP 39 — Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue), then south to the centerline of I-5; then east (northbound lanes) along 1-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along I-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 4. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), the following NWPs can be used only in those areas designated as "Developable Wetlands": NWP 14 — Linear Transportation Crossings NWP 23 — Approved Categorical Exclusions NWP 29 — Single -Family Housing NWP 33 — Temporary Construction, Access and Dewatering NWP 39 — Residential, Commercial, and Institutional Developments NWP 40— Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for any acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 12 N 5. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times: Work prohibition times: (1) Nesting between January 1 and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office — (360) 753-9440 East of Cascades: Ephrata— (509) 754-8580 or Spokane— (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland — (503) 231-6179 H. ADDITIONAL LIMITATIONS ON THE USE OF NWPs 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. If future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you will be required, upon due notice from the U. S Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. I. FURTHER INFORMATION Further information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed on our Internet page: http://Www.nws.usace.army.mil (select "Regulatory/Permits"). 13 ' { NATIONWIDE PERMIT 33 Army Corps of Engineers Terms and Conditions of r,; Seattle District Effective Date: March 18, 2002 A. Description of Authorized Activities — page 1 B. Corps Regional Specific Conditions for this NWP — page 2 C. EPA, Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWP — page 2 D. State WQC Conditions for this NWP — page 2 E. State CZM Consistency Determination Conditions for this NWP — page 3 F. Corps National General Conditions for all NWPs — page 3 G. Corps Regional General Conditions for all NWPs — page 11 H. Additional Limitations on the Use of NWPs — page 13 I. Further Information — page 13 '+1 OpPP50FFA,0'i �I In addition to any special condition that may be required on a case -by -case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 33 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Temporary Construction, Access and Dewatering. Temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites; provided that the associated primary activity is authorized by the Corps of Engineers or the USCG, or for other construction activities not subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre -project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the US. (See 33 CFR Part 322). The permittee must notify the District Engineer in accordance with the "Notification" General Condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add Special Conditions, where necessary, to ensure that environmental adverse effects are minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g. construction mats in wetlands where practicable). (Sections 10 and 404) B. CORPS REGIONAL CONDITIONS FOR THIS NWP 1. Temporary fills may be in place for up to six months only, unless the applicant requests and receives approval for an extension from the District Engineer. Additional timing adjustments may be included to lessen impacts during critical times for migratory species. 2. The permittee must avoid and minimize discharges into waters of the US at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the US and why avoidance or additional minimization cannot be achieved. 3. This NWP is prohibited from use in playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. An individual permit application must be submitted for proposed work in these areas. C. EPA, PUYALLUP TRIBE AND CHEHALIS TRIBE WQC CONDITIONS FOR THIS NWP EPA, Puyallup Tribe and Chehalis Tribe water quality certification (WQC) has been denied without prejudice. An individual WQC is required for all Section 404 activities. D. STATE WQC CONDITIONS FOR THIS NWP State WQC has been partially denied without prejudice for this permit. An individual 401 Certification is required for projects or activities authorized under this NWP if the project/activity will likely result in any of the following adverse effects: 1. The project or activity will likely cause or contribute to an exceedance of a State water quality standard (WAC 173-201A) or sediment quality standard (WAC 173-204). The requirement to obtain an individual 401 certification shall not apply to projects or activities that are carried out in accordance with the following permits, approvals, or management practices. These projects are presumed to comply with state water quality standards including state sediment management standards: a. Projects or activities where the discharges authorized under this NWP are explicitly authorized or covered by a National Pollutant Discharge Elimination System permit. b. Projects, activities or portions of projects or activities designed, constructed, and maintained in accordance with the stormwater standards and practices contained in the most current version of Ecology's Stormwater Manual or an Ecology approved equivalent. c. For WSDOT in -water or over -water construction and maintenance activities, an individual 401 certification is not required for those projects carried out in compliance with conditions 2 through 4 below and the Ecology approved Implementing Agreement regarding compliance with the state of Washington Surface Water Quality Standards. Compliance with this condition will be determined through receipt of a signed statement by the WSDOT project engineer or maintenance supervisor, guaranteeing that the project will meet the latest Ecology approved Water Quality Implementing Agreement for work In -Water. This statement shall be sent to the Corps of Engineers along with the JARPA application. 2. For projects/activities not designed in accordance with either Ecology's stormwater manual or an Ecology approved equivalent, or for projects where there is credible site specific information which indicates that the permits, approvals, or management practices identified above will not be sufficient to meet state water quality standards, the applicant may provide documentation with the application that the project/activity will otherwise comply with state water quality standards. An individual 401 Certification is required for projects which are unable to provide documentation that the project/activity will otherwise comply with state water quality standards. 3. Projects or activities that cause or contribute to a discharge to a waterbody on the state's list of impaired waterbodies [i.e., the 303(d) list] and the discharge may result in further exceedances of a specific parameter the waterbody is listed for. The current list of 303(d)-listed waterbodies is available on Ecology's web site at littp:i%www.ecy.wa.gov/programs%wq;303d/1998i1998_by_wrias.html or by contacting Ecology's Federal Permits staff. NOTE: An individual 401 Certification will not be required if the applicant provides documentation showing that the project or activity will either not result in a discharge containing the listed parameter or, if present, the parameter will not contribute to an increased impairment of the waterbody. 4. Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g., soil bioengineering, biotechnical design, rock barbs, etc.) NOTE: An individual 401 certification will not be required if the project/activity is designed and constructed in accordance to guidelines developed by the Washington State Department of Fish and Wildlife. E. STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR THIS NWP The Coastal Zone Management (CZM) Consistency Determination has been partially denied without prejudice for this NWP. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. F. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non- federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://Wwlyfws.govh•9endspplendspp.html and http://lvivw.nmfs.noaa.govlprot_i-es/overviewles.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single -Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1/4-acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 1/4-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the -entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; 0 (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear -feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)- (18) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1/2-acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by section 305(b)(4)(13) of the Magnuson -Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than (1/4-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3-acre). 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project -specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4-acre of wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss associated with NWP 39 verification. However, 1/2-acre of created wetlands can be used to reduce the impacts of a 1/2-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (0 Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" maybe either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. 10 (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e., 5 cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. G. CORPS REGIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Mature Forested and Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in mature forested wetlands or bog and bog -like wetlands or just these components of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being, or has been, accomplished in accordance with the terms and conditions of your permit. 3. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 — Utility Line Activities (substations and access roads) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Crossings NWP 23 — Approved Categorical Exclusions NWP 29 — Single -Family Housing NWP 39 — Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific 11 Avenue), then south to the centerline of I-5; then east (northbound lanes) along 1-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along I-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 4. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), the following NWPs can be used only in those areas designated as "Developable Wetlands": NWP 14 — Linear Transportation Crossings NWP 23 — Approved Categorical Exclusions NWP 29 — Single -Family Housing NWP 33 — Temporary Construction, Access and Dewatering NWP 39 — Residential, Commercial, and Institutional Developments NWP 40— Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for any acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 5. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times: Work prohibition times: (1) Nesting between January I and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). 12 Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office — (360) 753-9440 East of Cascades: Ephrata— (509) 754-8580 or Spokane— (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland — (503) 231-6179 H. ADDITIONAL LIMITATIONS ON THE USE OF NWPs 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. If future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you will be required, upon due notice from the U. S Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. I. FURTHER INFORMATION Further information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed on our Internet page: http://Www.nws.usace.army.mil (select "Regulatory/Permits"). 13 AGENCY USE ONLY Agency Reference #: Date Received: JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) ,.r.>•o_ M PLEASE TYPE OR PRINT IN BLACK INK. - TO FILL IN ELECTRONICALLY, •^! 401 E TRONICALLY, USE F11 TO MOVE THROUGH THE FORM ❑ Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS — You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) ❑x Local Government for shoreline: []Substantial Development ❑Conditional Use ❑Variance ❑Exemption []Revision ❑Floodplain Management ❑x Critical Areas Ordinance ❑x Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region) ❑x Washington Department of Ecology for 401 Water Quality Certification (to Regional Office -Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑x Corps of Engineers for: ❑x Section 404 ❑ Section 10 permit ❑ Coast Guard for: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non -bridge projects) ❑ For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement SECTION A - Use for all permits covered by this application. Be sure to ALSO complete Section C (Signature Block) for all permit applications. 1. APPLICANT City of Renton Surface Water Utility, Daniel Carey, Project Manager MAILING ADDRESS 1055 South Grady Way, Renton WA 98055 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425-430-7293 dcarey cb-ci.renton.wa.us 1 425-430-7241 If an agent is acting for the applicant during the permit process, complete #2. Be sure agent signs Section C (Signature Block) for all permit applications 2. AUTHORIZED AGENT MAILING ADDRESS WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 3. Relationship of applicant to property: ❑ OWNER ❑ PURCHASER ❑ LESSEE 0 Public utility, the City has a permanent Utility Easement for maintenance/repair of the drainage system 4. Name, address and phone number of property owner(s) if other than applicant: Renton Properties. LLC, HAL Real Estate, Attn: Dana Behar, 2025 First Ave, Suite 700. Seattle, WA 98121 206-448-5080 5. Location (street address, including city, county and zip code, where proposed activity exists or will occur) 555 S Renton Village PL, Renton WA 98055 Local government with jurisdiction (city or county) Waterbody you are working in Rolling Hills Creek Tributary of WRIA # Is this waterbody on the 303(d) List** YES ❑ NO ❑x Springbrook Creek 9 Shoreline designation NA If YES, what parameter(s)? **For 303d List, http://www.ecy.wa.gov/programs/wq/303d/index.html Zoning designation Y. Section Section Township Range Government Lot NE 1 19 1 23N 5E I DNR stream type if known Latitude and Longitude: 47d 28' 8"N, 122d 12' 42" W Tax Parcel Number 7231600542 ECY 070-15 (Rev. 11 /04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 6. Describe the current use of the property, and structures existing on the property. Have you completed any portion of the proposed activity on this property? ❑ YES ❑x NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. The property is used as an office building and parking lots. No changes to property use will result from this project. Is the property agricultural land? ❑ YES ❑x NO Are you a USDA program participant? ❑ YES NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. The existing 48-inch corrugated metal culvert and outfall discharging into Rolling Hills Creek is failing. The CMP pipe is corroding away, and about 12 feet of the outfall collapsed in 2005. The existing outfall discharges perpendicular to the flow line of the creek, and has eroded portions of the opposite bank. Reconstructing the culvert system outfall to Rolling Hill Creek will require an HPA, and possibly an ACOE 404 permit. See attached drawings for additional detail. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site, but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. The proposed project will replace the failed 48-inch CMP pipe system and outfall to Rolling Hills Creek. Approximately 550 feet of the existing storm system will be replaced starting at an existing manhole in the parking lot and finishing at the outfall to Rolling Hills Creek. The capacity of the storm system will also be improved by eliminating a reverse grade in the existing pipe and providing the capacity needed to convey the 25-year storm event. The outfall will rebuilt so flow is aligned closer to the direction of the existing creek channel, thereby reducing erosion of the banks. The new storm system will be approximately 620 feet in length and will consist of parallel pipes and/or a box culvert. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life, water quality, water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. Construction of the replacement storm water system has the potential for impacts to water quality, primarily turbidity generated by ground disturbance associated with stormwater pipe removal and replacement. Construction will avoid and minimize potential impacts to water quality by implementing BMPs for sediment and erosion control. Work is anticipated to primarily occur "in the dry" by bypassing base flow around the work area. Work at the new outfall to the creek will be completed within the work window set by WDFW. Since salmon are not known to use the creek and culverts the City is requesting that WDFW extend the work window to October 15, if possible, so the project can be completed this year. 7d. For in water construction work, will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201A-110? Ox YES NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? YES ❑ NO Ox Proposed starting date: About August 21 - 31, 2006 Estimated duration of activity: 60 working days for entire project. Including about 30 days for in water work. 9. Check if any temporary or permanent structures will be placed: Ox Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR Waterward of the mean higher high water for tidal waters? 10. Will fill material (rock, fill, bulkhead, or other material) be placed: nx Waterward of the ordinary high water mark or line for fresh waters? If YES, VOLUME (cubic yards) —20 / AREA (acres) Rock and/or soft gabion to reduce bank erosion at culvert discharge ❑ Waterward of the mean higher high water for tidal waters? If YES, VOLUME (cubic yards) / AREA (acres) ECY 070-15 (Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917- 0043 11. Will material be placed in wetlands? ❑ YES ❑x NO If YES: A. Impacted area in acres: B. Has a delineation been completed? If YES, please submit with application. ❑x YES ❑ NO C. Has a wetland report been prepared? If YES, please submit with application ❑x YES ❑ NO D. Type and composition of fill material (e.g., sand, etc.) E. Material source: F. List all soil series (type of soil) located at the project site, and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service (NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ❑ NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE: If your project will impact greater than % of an acre of wetland, submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE: A 401 water quality certification will be required from Ecology in addition to an approved mitigation plan if your project impacts wetlands that are: a) greater than %2 acre in size, or b) tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an individual 401 certification if a) or b) applies. 12. Stormwater Compliance for Nationwide Permits Only: This project is (or will be) designed to meet ecology's most current stormwater manual, or an Ecology approved local stormwater manual. ❑x YES ❑ NO If YES —Which manual will your project be designed to meet? 2005 Kinq County Surface Water Management Manual If NO — For clean water act Section 401 and 404 permits only — Please submit to Ecology for approval, along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards, WAC 173.201(A) 13. Will excavation or dredging be required in water or wetlands? ❑x YES ❑ NO If YES: A. Volume: 20 (cubic yards) /area (acre) B. Composition of material to be removed: Embankment of road grade (1-405) C. Disposal site for excavated material: Permitted disposal site D. Method of dredging: Excavator on bank (parking lot) 14. Has the State Environmental Policy Act (SEPA) been completed ❑ YES ❑x NO SEPA Lead Agency: City of Renton SEPA Decision: DNS, MDNS, EIS, Adoption, Exemption Decision Date (end of comment period) SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications, approvals or certifications from other federal, state or local agencies for any structures, construction discharges or other activities described in the application (i.e. preliminary plat approval, health district approval, building permit, SEPA review, federal energy regulatory commission license (FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION NO. DATE OF APPLICATION DATE APPROVED COMPLETED? SEPA Determination Citv of Renton LUA06-061 5-30-06 Dendina 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES ❑x NO If YES, explain: ECY 070-15 (Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 SECTION B - Use for Shoreline and Corps of Engineers permits only: 17a. Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals, etc. $700, 000 17b. If a project or any portion of a project receives funding from a federal agency, that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for information on ESA.* FEDERAL FUNDING ❑ YES x❑ NO If YES, please list the federal agency. 18. Local government with jurisdiction: City of Renton 19. For Corps, Coast Guard and DNR permits, provide names, addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice — consult your local government. NAME ADDRESS PHONE NUMBER Renton Village Mgmt. Co., 520 Pike St., Suite 1500, Seattle, WA 98101 206-682-6868 Attn: Craig Koeppler, (see figure for location) SECTION C - This section MUST he r_mmniptorl for anv narmit rnvararl by thic annliratinn 0. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made, the right to enter the above -described location to inspect the proposed, in -progress or completed work. I agree to start work ONLY after all necessary permits have been received.. I� „;e / �r� C� d �P. DATE SIGNATURE OF APPLICANT DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER (EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENTIS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. COS A. Nature of the existing shoreline. (Describe type of plain, floodway, delta;;#ype of beach, such as accretio rock, riprap; and extent and type of bulkheading, if an, B. In the event that any of the proposed buildings or indicate the approximate location of and number of re C. If the application involves a conditional use or van'i proposed use may be a conditional use, or, in the cas These Agencies are BY LOCAL OFFICIAL such as marine, stream, lake, lagoon, marsh, bog, swamp, flood high bank, low bank, or dike; material such as sand, gravel, mud, clay, s will exceed a height of thirty-five feet above the average grade level, units, existing and potential, that willhave an obstructed view: i forth in full that portion of the master program which provides that the nance, from which the variance is being sought: iportunity and Affirmative Action employers For special accommodation needs, please contact the appropriate agency in the instructions ECY 070-15 (Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-004 2 LOCATION MAP SEATTLE N LAKE "poG� WASHINGTON 9 Z I 509 RENTON PAGE PROJECT S/ SOUND LOCATION J BLACKRI VER e r � O m m A 167 m � f PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE. 122' 12' 42" Datum: NAVD 1988 RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 0 1 2 NORTH SCALE 1" = 2 MILES Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 1 of 7 VICINITY MAP WE n PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 122' 12' 42" 0 500 1000 Datum: NAVD 1988 NORTH SCALE 1" = 1000 FT RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 2 of 7 PLAN VIEW - PHOTO 4t- xi tin torm Pipesr" fAl WII Rolling Hills Creek Existing Storm ' Pipes -� Thriftway Grocery Store IF i t 1 lT ed Replacement 3ystei rAm , ,,, T 1► . epW11w Exisfig" Install Bank rote W 1.405 South Renton Village PL r •7��a One Renton PI ce li With -New Outfall. and Revegetate. I�:1+U LL PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 122' 12' 42" 0 50 100 Datum: NAVD 1988 NORTH SCALE 1" = 100 FT RENTON VILLAGE STORM SYSTEM Applicant: City of Renton IMPROVEMENT PROJECT Reference #: Replace a Failing Storm System, including Waterway: Rolling Hills Creek Rebuilding the Outfall to the Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Location: Renton Village Shopping Center 555 S Renton Village Place Sheet 3 of 7 Renton, King County, Washington, 98055 PLAN VIEW RVA Office LL City has Easeme for Storm RVA Office LLC Renton Village M mt Co. 520 Pike St, Suite 1500 Seattle, WA 9810 Thriftway Grocery Store City has Easement for Storm RVA Center LLC Renton Village Mgmt Co. 520 Pike St, Suite 1500 Seattle, WA 98101 Ex. Parking Lot \ / Proposed Replacement / Storm System Existing Storm Pipes I I Ex. Parking Lot tsl I Ordinary High Watjo r II Li a (approx.) Conc. curb I I )►e�net Rolling Hills Creek Ex. Parking Lot Existing Storm Pipes 0%�. Parking Lot OL72=1NCN CONC - South Renton Village PL One Renton Place City has Easement for Stor Renton Properties LLC HAL Real Estate 2025 First Ave, Suite 700 Seattle, WA 98121 Replace Existing Outfall With New Outfall. Install Bank rotection and Revegetate. 1-40 5 Existing Storm Pipes PROJECT SITE LATITUDE: 47' 28' 8" LONGITUDE: 122' 12' 42" 0 50 100 Datum: NAVD 1988 t 00MMEzzzj01Nr= NORTH SCALE 1" = 100 FT RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 4 of 7 OUTFALL PLAN VIEW REMOVE OLD CMP PIPE AND TEMPORARY RIP -RAP RESTORE PARKING LOT — TO ORIGINAL CURB LINE z� Z° S S Go BE URSE � BANK GPP �0 00 PROTECTI❑N INr %/3 B SEE DETAIL EXCAVATED \ �o. SCOUR POOL BANK' J-HOOK PROTECTION SEE DETAIL SEE DETAIL CR❑SS-SECTIONS NEW ❑UTFALL ❑RDINARY HIGH WATER LINE (appx.) PROJECT SITE LATITUDE: 4728' 8" LONGITUDE: 122° 12' 42" 0 5 10 Datum: NAVD 1988 NORTH SCALE 1" = 10 FT RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 5 of 7 ❑RDINARY WATER DEPTH 12 INCHES (appx.) CREEK BOTTOM ORDINARY WATER DEPTH 12 INCHES (appx.) CREEK BOTTOM J-HOOK CROSS -SECTIONS TYPICAL SECTION A SCALE: NOT TO SCALE — ORDINARY HIGH WATER LINE n r' - TYPICAL SECTION B SCALE: NOT TO SCALE TYPICAL SECTION C SCALE: NOT TO SCALE RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 TOP OF BANK TOP OF BANK TOE OF BANK Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E PROJECT SITE LATITUDE: 47a 28' 8" LONGITUDE: 122a 12' 42" Prepared: June 2006 Sheet 6 of 7 0 GE❑TEXTILE WRAPPED MATTRESSES 1'-1.5' THICK 4' MIN. BANK EMBEDMENT LIVE BRANCH BUNDLES 6' THICK, 5' MIN. BANK EMBANKMENT ❑RDINARY HIGH WATER MARK TOE OF BANK ELEVATION VARIES CREEK BOTTOM Z. z T❑E 'R❑( TOP OF BANK EL. VARIES ❑RDINARY HIGH WATER MARK TOE OF BANK ELEVATION VARIES CREEK BOTTOM :n z_ �. f T❑E 'R❑CI BANK PROTECTION CROSS SECTION TOP OF BANK EL. VARIES LIVE STAKES 3' MAX. 4' MIN. LENGTH ALL DISTURBED AREAS SHALL BE / SEEDED WITH NATIVE GRASSES z / 6' NATIVE 1..1UI T❑PS❑IL FILL b Z STAKED GE❑TEXTILE NATIVE T❑PS❑IL BACKFILL BALLAST BACKFILL I' MIN. THICKNESS CREEK BANK REGRADE AND 7REA7MENT TYPICAL SECTION SCALE: NOT TO SCALE LIVE STAKES 3' MAX. 4' MIN. LENGTH ALL DISTURBED AREAS SHALL BE SEEDED WITH NATIVE GRASSES 2 0? 6' NATIVE T❑PS❑IL FILL b z STAKED GE❑TEXTILE NATIVE T❑PSOIL BACKFILL BALLAST BACKFILL I' MIN. THICKNESS J-HOOK CONNECMON TO CREEK BANK TYPICAL SECTION SCALE: NOT TO SCALE RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E PROJECT SITE LATITUDE: 47° 28' 8" LONGITUDE: 122° 12' 42" Prepared: June 2006 Sheet 7 of 7 s INFORMAL ESA CONSULTATION For Impacts to Listed Species Associated with the Renton Village Storm System Improvement Project In the City of Renton June 20, 2006 Prepared For: City of Renton Surface Water Utility Public Works Department 1055 South Grady Way Renton, WA 98055 Daniel Carey, Project Manager (425)430-7293 Prepared By: Gray & Osborne, Inc. 701 Dexter Avenue N., Suite 200 Seattle, WA 98109 Jim Dougherty, Biologist (206) 284-0860 Gray Osi�orne, Inc. CONSULTING ENGINEERS Informal ESA Consultation Renton Village Storm System Improvement Project City of Renton Page 1 TABLE OF CONTENTS Section Page No. 1. Proposed Activity 3 2. Drawings 4 3. Date 4 4. Applicant 4 5. Agent 4 6. Project Name 4 7. Location 4 8. Description of Work 4 9. Construction Techniques 4 10. Permit Authorization Requested 5 11. Listed Species Present 5 12. Listed Non -Fish Species Present 6 13. Existing Environmental Conditions 6 14. Effects Analysis 8 15. Determination of Impacts to Species Protected under the ESA 9 16. Work Window for Construction 10 17 Conservation Measures 10 18 References 12 APPENDICES Appendix 1 — Maps and Figures Appendix 2 — Preparer's Resume Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 2 INFORMAL ESA CONSULTATION For Impacts to Listed Species Associated with the Renton Village Storm System Improvement Project In the City of Renton 1. Proposed Activity: The proposed project involves construction of a new stormwater drainage system and outfall in the Renton Village Shopping Center to replace the existing 42- and 48-inch storm system. The purpose of the project is to replace the failing 48-inch corrugated metal pipe, and increase the capacity of the stormwater system to convey the peak flow from the 25-year, 24-hour storm without upstream flooding. The new stormwater system will be approximately 600 to 700 feet long and will consist of two parallel pipes of equal or different sizes, a box culvert (8 foot x 4 foot), or some combination of these systems and sizes. The new outfall will be constructed at the same location as the existing outfall. The Surface Utility's engineering consultant is currently performing the hydraulic analysis and pipe design for the new storm system. The project area is currently used as public and private streets, parking lots, and businesses. The City has permanent Utility Easements from the private property owners that allow it to repair and replace the existing storm system. Rolling Hills Creek and the existing storm system outfall are located on private property, which is currently used as an office building and parking lot. The private uses will not change as a result of the project. An area of trees and shrubs approximately 40 feet wide by 30 feet long will be removed to construct the new stormwater system outfall and bank stabilization. Vegetation in the area consists of 4- to 8-inch diameter cottonwood trees and small shrubs. This area will be cleared to install the outfall at the end of the new stormwater system. A new layer of riprap and/or soft gabions will be installed to protect the banks around the end of the new storm system. The area will be re -vegetated with native plants. The proposed storm system improvements may require the following permits from the City of Renton: Land Use Permit Master Application and Environmental Checklist; Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 3 • Exemptions for Critical Areas, which may include; o Geologic Hazard Area o Flood Hazard Area o Tree cutting and land clearing. 2. This Biological Evaluation is being prepared in the event that the Corps of Engineers requires a Clean Water Act, Section 404 Permit for installation of the new storm system and outfall, including placement of riprap, and dredging or filling of the creek, at the outfall location. 2. Drawings: See attached drawings 3. Date: June 14, 2006 Corps Reference No: 4. Applicant: City of Renton Surface Water Utility, Planning/Building/Public Works Department 5. Agent: Gray & Osborne, Inc., 701 Dexter Avenue North, Suite 200, Seattle, WA 98109, Barry Baker 6. Project Name: Renton Village Storm System Improvement Project 7. Location: NE corner of Section 19, Range 5 East, Township 23 North, in the City of Renton, King County, Washington: Latitude 47°28'8" North, 1220 12'42"W 8. Description of Work: The new storm system will be located in the southern portion of the Renton Village Shopping Center Complex. It will start in the street on the east side of the Thriftway Grocery Store and will run to the southwest into South Renton Village Place, and the parking lot west of the One Renton Place Building. It will end at the open channel along the south side of Renton Village at or near the existing storm system outfall. The new storm system will be constructed in City ROW and utility easements that have been obtained from the private property owners. The new storm system will be constructed below ground. The existing streets and parking lots will be restored once construction is complete. About 1,400 to 2,000 cubic yards of soil may be excavated and replaced with backfill for construction. The Contractor will supply backfill from a licensed gravel pit or source. 9. Construction Techniques: Machinery (typical types • Large front-end loader • Crane (for lifting pipe/box culvert into place) • Large backhoe or excavator (excavation, stormwater outfall removal) Hand: Pneumatic and hand powered drills and wrenches for installation of culvert 10. Permit Authorization Requested: NWP 3, Potentially NWP 17, NWP 43 Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 4 11. Listed Species Present: • Puget Sound chinook salmon, Oncorhynchus tshawytscha: Threatened: Significant runs of chinook salmon inhabit the Green River system and use the waters downstream of the project area for transportation, rearing and acclimation to changes in salinity during migrations. A large pump station downstream on Springbrook Creek is an impediment to anadromous salmonid migration. However, according to Larry Fisher, Washington State Depart of Fish & Wildlife Habitat Biologist for Southern King County, salmon present in the Green/Duwamish system, including Puget Sound chinook, are able to ascend past the pump station. From Springbrook Creek there is about 0.9 mile of piped storm system below I-405 downstream of the project area. The Priority Habitats and Species Map prepared for this project on June 7, 2006 indicates that anadromous fish do not ascend culverts downstream of 1-405 to within one half mile of the project area. Larry Fisher indicated that salmon are occasionally able to ascend past these culverts to just below the project area, but they are not known to ascend into the project area. Puget Sound bull trout, Salvelinus confluentus: Threatened: Puget Sound bull trout and Dolly Varden may forage in the Duwamish Waterway and lower Green River. Bull trout are not likely to spawn and rear in this system because Howard Hansen Dam blocks access to potential spawning habitat in the upper watershed. Further, the long piped storm system and the pump station downstream are significant impediments to bull trout passage in the system. Puget Sound/Strait of Georgia coho salmon, O. kisutch: Candidate: Significant runs of coho salmon are present in the Green/Duwamish system. These fish utilize the waters downstream of the project area for transportation, rearing and acclimation to changes in salinity during migration. Like bull trout and chinook salmon, Puget Sound/Strait of Georgia coho may be able to access the lower end of the project area, but they are not known to ascend the culverts into the work area. • Puget Sound Steelhead, O. Mykiss: Proposed: Puget Sound steelhead are present in the Green/Duwamish River System and are as capable of ascending to areas similar to those reached by chinook and coho in the system downstream of the project area. Puget Sound steelhead were proposed for listing as Threatened on March 29, 2006. Critical Habitat for Puget Sound chinook salmon and Puget Sound bull trout: The nearest formally designated critical habitat for Puget Sound chinook salmon and Puget Sound bull trout is located on the Lower Green River and in the Duwamish Waterway approximately 15 miles downstream of the project area. Pump stations, the long piped storm system and inconsistent waterways above the pump stations limit the value of habitat in the Springbrook Creek and Rolling Hills Creek, downstream of the project area. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 5 12. Listed Non -Fish Species Present: • Bald eagle, Haliaeetus leucocephalus: Threatened: According to the Priority Habitats and Species Map prepared for this project by WDFW on June 6, 2006, there are no bald eagle nests within one mile of the project area. Foraging bald eagles may be present along the Green/Duwamish and could follow Springbrook Creek into the project vicinity, especially during the winter months. Heavy traffic along I-405, Grady Way, and in the shopping center generates enough noise to discourage use of the area by bald eagles. The limited fisheries resources present in the project area further reduce the likelihood that bald eagles would spend a significant amount of time in the project area. • Marbled murrelet, Brachyramphus marmoratus: Threatened: Marbled murrelets nesting within 60 miles of Puget Sound may utilize the waters of Elliott Bay and Puget Sound while foraging for small fish. It is possible, but not likely that they could occasionally forage on the Green/Duwamish and its tributaries in the project area. It is more likely that they would fly through the project area en route to feeding areas offshore, as they generally forage in deeper waters. Noise generated by I-405 and Grady Way and development in downtown Renton likely cause marbled murrelets to avoid the project area. Listed Species present in King County (USFWS King County Species List, 8- 2-04), but not in the project area: • Canada lynx, Lynx canadensis: Threatened: Lynx occur in King County, generally in areas above 4,000 feet in elevation. • Gray wolves, Canis lupus: Endangered, may occur in King County, but are unlikely to be present in the urbanized Lower Green/Duwamish River area. Grizzly bears, Ursus arctos = U. a. horribilis: Threatened, may occur in remote regions of King County. • Northern spotted owls, Strix occidentalis caurina: Threatened, occur in King County, but not in the project area (Priority Habitats & Species Map, WDFW 6-7-06). 13. Existing Environmental Conditions: The Renton Village Storm System Project discharges to a section of Rolling Hills Creek via a system of open channels and culverts, some of which are more than one-half mile long. These culverts and stream sections drain to Springbrook Creek, the Black River, and eventually to the Green/Duwamish River system. Low flows and the length of these culverts restrict salmonid passage to the area approximately one half mile south of I-405 under most conditions. The project Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 6 area is largely developed with office parks, car dealerships, restaurants and shopping centers. The Green/Duwamish river system was diked in the early 1900s to protect surrounding farmland and urban/industrial development. The Green/Duwamish -(downstream of the Black River confluence) is largely channelized and dredged to facilitate navigation. Upstream of the confluence diking continues well beyond Allentown (near Tukwila), but dredging for navigation ends and the streambed exhibits a more natural meander pattern within the floodplain. River conditions are largely glide with a few riffles upstream, and slower moving reaches with still oxbows downstream. Tidal influence extends upstream to about Allentown. Substrate in the project area is largely gravel with some mud and sand present. Downstream in the Duwamish Waterway, substrate is dominated by mud, especially in still reaches and off -channel oxbows. The Lower Green River and Duwamish Waterway provide transportation and rearing habitat and allow salmonids to acclimate to changing salinities during migrations. Patches of natural riparian vegetation dominated by cottonwoods, willows and alders line the Green River. Similar patches provide shade and detrital input to Springbrook Creek and Rolling Hills Creek in places. Springbrook Creek lies lower than the Black River channel and must be pumped into the Black by a large pump station, which restricts salmonid migration into and out of the system under certain conditions. According to Larry Fisher, WDFW Habitat Biologist for the area, salmon are occasionally able to ascend the system to the lower end of the Renton Village Parking Lot, but are not known to ascend the culverts into the project area. Flood Control & Pump Stations downstream: The Green River Flood Control Zone District operates two pump stations, the Black River Pump Station and Tukwila Pump Station, constructed by U.S. Soil Conservation Service in 1970s. A third, the Segale Pump Station, was constructed by the District in 1997. The Black River Pump Station regulates flow of water from the Black River drainage basin into the Green River and serves to block high flows from the Green from flooding up into the Black River and Springbrook Creek, and the Earlington Industrial Park in Renton. A fish passage bypass has been incorporated into the design of the Black River Pump Station, allowing most species present in the Green and Black Rivers access to upstream habitat. However, long culverts and pipes and inconsistent flows and land coverage limit the value of habitat upstream of the pump station and downstream of the Renton Village Project Area. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 7 Conditions Downstream of the Project Area: Approximately 650 feet downstream of the existing culvert outfall in the Renton Village parking lot, the creek channel drains to a 48-inch pipe and a concrete weir that allows high flows to bypass into a 132-inch culvert. These two culverts convey flow approximately'/4 mile under the I-405/SR167 interchange to a - - channel adjacent to the Panther Creek wetland on the east side of SR167. During high flow conditions, this channel can overtop into the Panther Creek wetland. The channel discharges into a piped system in SW 19'h Street for approximately 1/4 mile to Springbrook Creek. Springbrook Creek flows for approximately 1.5 miles to the Black River Pump Station, which pumps into the Green/Duwamish River system. Fish ladders were constructed at the pump station to provide passage for adult and juvenile anadromous salmonids. The Duwamish River discharges to Elliot Bay/Puget Sound at Harbor Island in Seattle approximately 15 miles downstream of the Black River Pump Station (See JARPA Figure 1). 14. Effects Analysis: Primary Direct Impacts: Stormwater System Replacement The Renton Village Stormwater System drains into Rolling Hills Creek and eventually to Springbrook Creek. Construction of the stormwater conveyance improvements will have the potential for adverse impacts to water quality in this system; primarily turbidity generated by ground disturbance associated with stormwater pipe removal and replacement. Construction will avoid and minimize potential impacts to water quality by implementing BMPs for sedimentation and erosion control. Water quality in the Black/Duwamish River downstream is not likely to be impacted, as silt fences will be placed between work areas and the Creek. Water quality in the Black and Duwamish Rivers downstream of the Black River Pump Station will not be affected. The in -water work window for the project area extends from June 1 to September 30 (Personal communication with Larry Fisher, WDFW 6-14-06). Work near Rolling Hills Creek may be conducted between Junel and September 30 using a large backhoe or excavator. The new stormwater pipe would be installed and all or part of the existing pipe would be removed from the site and disposed of at an approved facility. The most significant construction impacts would be noise and potential sedimentation and erosion associated with removal of the existing pipes and culverts. Construction Best Management Practices (BMPs) for control of sedimentation and erosion will be implemented to minimize potential for adverse impacts to water quality and fisheries habitat in Rolling Hills Creek and Springbrook Creek. Water quality downstream in the Black River, Green River, and Duwamish Waterway will not be affected due to the distance from the work area and physical separation of those systems. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 8 Riprap and Bank Stabilization Small amounts of riprap and/or small gabions will be installed to protect the new stormwater outfall and creek bank from erosion. The disturbed area around the new outfall will be replanted with vegetation. This work will occur during the in - water work window and construction BMPs for control_ of sedimentation and erosion will be implemented to minimize potential for adverse impacts to water quality and fisheries habitat downstream. Indirect Effects Indirect effects associated with the proposed project would be limited to potential for spills of fuels, coolants and lubricants from construction machinery associated with the proposed work, or from automobile accidents that could occur in the adjacent street or parking lots during construction activities. The Contractor will have spill containment kits at the construction site. Construction equipment will be properly flagged, and work areas and temporary traffic control measures will be properly marked to minimize traffic disturbance. 15. Determination of Impacts to Species Protected under the Endangered Species Act: • Puget Sound chinook salmon, Puget Sound bull trout, Puget Sound steelhead and Puget Sound/Strait of Georgia coho salmon: • Potential impacts to chinook salmon downstream of the project area associated with removal of the existing Renton Village Stormwater System and the installation of a new pipes and an outfall to Springbrook Creek would be limited to potential damages to fish associated with added turbidity in the water. Because Springbrook Creek must be pumped up to the Duwamish River, potential for adverse water quality and fisheries habitats associated with the proposed Renton Village Stormwater Improvement Project will be limited to the potential dropping of construction materials into the creek, and accidental release of fuels, lubricants or coolants from construction vehicles. The in -water work window for the project area extends from June 1 to September 30 to avoid high water conditions. Terms of the Hydraulic Project Approval will be implemented, so the potential for adverse impacts to these anadromous species is negligible or discountable. Therefore, removal of the existing Stormwater System in Renton and replacement of the old pipe and outfall will have no effect on Puget Sound chinook salmon and Puget Sound bull trout populations and their designated critical habitat present in the Lower Green/Duwamish River 15 miles downstream of the project area. • The proposed project will not jeopardize the continued existence of Puget Sound steelhead. In the event that Puget Sound steelhead are listed as threatened in the future, operation of the proposed stormwater system improvement will have no effect on this species. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 9 The proposed project will not impact populations, individuals or suitable habitat of Puget Sound/Strait of Georgia coho salmon. In the event that Puget Sound/Strait of Georgia coho salmon are listed as "Threatened" in the future, the proposed improvements will have no effect on this species. • Bald eagles — The Priority Species and Habitats Map prepared for this project by the Washington Department of Fish and Wildlife on June 7, 2006 indicated that no known bald eagle nests lie within one mile of the project area. Wintering bald eagles forage along the Green River during the winter months (November through February) but are unlikely to utilize the project area due to noise associated with heavy traffic and the limited potential for fisheries resources in the area. Therefore, the proposed replacement of the stormwater pipe system and outfall will have no effect on bald eagles foraging downstream of the project area. Marbled murrelets, Canada lynx, Grey wolf, Grizzly bear and Northern spotted owls: According to the Priority Species and Habitats Map prepared for this project by WDFW on June 7, 2006, there are no known marbled murrelet or northern spotted owl nesting areas within one mile of the project area. Further, it is not likely that these species would forage in the project area due to noise associated with heavy traffic on I-405 and along Grady Way. Canada lynx are generally found above the 4,000-foot elevation, and grizzly bears and gray wolves are generally restricted to more remote areas in the North Cascades. Therefore, implementation of the proposed project will have no effect on marbled murrelets, northern spotted owls, Canada lynx, grizzly bears or gray wolves. 16. Work window for construction: • According to Larry Fisher, work near Rolling Hills Creek may be conducted between June 1 and September 30. • Wintering bald eagles forage in the area from November 30 through February 28 and no work on this project will be conducted during this period. • There are no bald eagle, marbled murrelet or northern spotted owl nests within one mile of the project area, so no timing restrictions are required to protect these species during their nesting seasons. 17. Conservation Measures: • Provisions outlined in the Hydraulic Project Approval shall be implemented during construction. • Construction vehicles and equipment shall be equipped with spill containment kits and construction personnel shall be trained in their use. • Detours around construction areas will be properly marked and traffic will be controlled to minimize potential for accidents and associated spills of hazardous fuels, lubricants and coolants during construction. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 10 Silt fences, straw bales and sedimentation ponds will be utilized as necessary, to preserve water quality and fisheries habitat in Rolling Hills Creek, Springbrook Creek and the Green/Duwamish system downstream. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 11 18. References: Federal Register 2005. Endangered and Threatened Species; Designation of Critical Habitat for 12 ESUs of Salmon and Steelhead in Washington, Oregon and Idaho —(Volume 70No-170) Septembef 2. Federal Register 2005. Endangered and Threatened Species; Designation of Critical Habitat for the Bull Trout (Volume 70, No. 185), September 26. Fisher, Larry 2006. Personal Communication regarding the extent of salmonid migration in the water system downstream of the Renton Village Project area, WDFW Region 4 Habitat Biologist, May 22. Fisher, Larry 2006. Personal Communication regarding allowable work window for the project area. Fisheries Research Board of Canada 1973. Bulletin 180: Pacific Fishes of Canada, J.L. Hart, Ottawa, Canada. Gray & Osborne, Inc. 2004. Informal ESA Consultation for Impacts to Listed Species from Stormwater Outfall and Sewer Main Installation at Foster Point in Tukwila, Washington, Seattle Office, September. Green River Flood Control District 2004, Annual Report, Map 2: Green River Flood Control District, North Portion, prepared for the King County, Department of Natural Resources and Parks Water and Land Resources Division. King County Department of Natural Resources 2000. Literature Review and Recommended Sampling Protocol for Bull Trout in King County, R2 Resource Consultants, Seattle, WA. May. Mathews, Daniel 2005. Cascade -Olympic Natural History; a Trailside Reference, Raven Editions, Portland, Oregon. Washington State Department of Fish and Wildlife 1994. Salmon and Puget Sound chinook salmon Stock Inventory, Appendix 1, Puget Sound Stocks, Olympia, Washington, June. Washington State Department of Fish and Wildlife 1998. Salmonid Stock Inventory: Appendix: Bull Trout and Dolly Varden, Olympia, Washington, July. Williams & Williams 1975. A Catalog of Washington Streams and Salmon Utilization, Volume 1, Puget Sound Region, Washington Department of Fisheries. Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 12 Appendix 1 Maps & Figures Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 13 LOCATION MAP PROJECT SITE LATITUDE: 47° 28' 8" LONGITUDE: 122' 12' 42" Datum: NAVD 1988 RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT Replace a Failing Storm System, including Rebuilding the Outfall to the Creek Location: Renton Village Shopping Center 555 S Renton Village Place Renton, King County, Washington, 98055 NORTH 0 1 2 SCALE 1" = 2 MILES Applicant: City of Renton Reference #: Waterway: Rolling Hills Creek Sec. 19 T. 23 N R. 5 E Prepared: June 2006 Sheet 1 of 7 b, A1'1Ll Appendix 2 — — — — -Resume- Informal ESA Consultation City of Renton Renton Village Storm System Improvement Project Page 14 Jim Dougherty Environmental Planner/ Permitting Specialist _ Education 1 • B.S., Environmental_Studies,-Huxley College -at -Western Washington University Professional Mr. Dougherty provides environmental planning project support for Experience Gray & Osborne, Inc., including preparation of environmental and biological assessments. Projects for which Jim has prepared biological and environmental assessments while at Gray & Osborne include: City of Kalama Water Treatment Plant. City of South Bend Sewer Line Replacement Project. Roadway Improvements for the City of Bothell. Wastewater Treatment System Improvements for the City of Ilwaco. Wastewater Treatment System Improvements for the Town of Cathlamet. First Street, Howerton Way and Waterfront Way Improvements for the City of Ilwaco. Water System Improvements for the Community of Klickitat. Wastewater Facility Upgrade Project, Community of Klickitat. Town of Lyle Wastewater Facility Improvement Project. SR 20 Improvements, Twisp. Roadway Improvements on 2281h Avenue for the City of Sammamish. First Avenue South Improvements in the City of Normandy Park and Emergency Culvert Replacement Project on Walker Creek. Water Treatment System Improvements for the Confederated Tribes of the Chehalis Reservation. Environmental I Mr. Dougherty assists project managers with NEPA compliance, ESA Permitting consultation, NFIP consistency issues, planning, and grant writing. Prior to joining our firm, Mr. Dougherty spent three years working as an Environmental Planner/Hazard Mitigation Specialist for the Federal Emergency Management Agency, Region 10, where he was responsible for environmental review and project coordination for more than 80 Hazard Mitigation and Public Assistance Program projects. This included coordination with federal and state resource agencies in regard to NEPA analysis, Endangered Species Act Section 7 Jim Dougherty Page 2 compliance (including biological assessments), Section 106 of the National Historic Preservation Act review, and compliance with Executive Orders dealing with floodplain management, wetland protection, and environmental justice. I Flood Hazard Management-Platuiing-documentation-for-the-City-of-Pacific,— -- City of Buckley Flood Hazard Mitigation Plan, and Hazard Mitigation Planning for Water District #4 in Kittitas County. Before working with FEMA, he worked as a Fisheries Biologist and Environmental Specialist in the environmental consulting industry in Washington and California, and as a Water Resources Planner and Environmental Biologist for two Native American tribes in Washington. Mr. Dougherty also has extensive experience in aquatic toxicology and irrigated agriculture in the Columbia Basin. Prepared NEPA compliance documentation for more than 80 FEMA Hazard Mitigation Program and Public Assistance Program projects throughout FEMA Region 10. Biological assessments were prepared for six of these projects. Prepared Fisheries, Water Quality and Mitigation Sections of the Environmental Impact Statement for the First Avenue South Bridge and Interstate 5 HOV Lane Project between Tukwila and Lucille Streets in Seattle, Washington. Similar sections of the EIS for the Reconstruction of U.S. Highway 2 across northern Idaho were also completed. Prepared Water Quality, Sediment and Eelgrass Sections of Environmental Impact Statements for the Sea World Marina Expansion and several U.S. Navy pier expansion projects in San Diego Bay, Long Beach Harbor, and Port Hueneme. Renton Village Storm System Improvement Project Wetland Delineation & Reconnaissance Report -- III - A Al _.J -11 4 Aff Renton Village Storm System Improvement Project Wetland Delineation & Reconnaissance Report Prepared for: Gray & Osbome, Inc. 701 Dexter Avenue North, Suite'200 Seattle, WA 98109 Contact: Barry Baker 206/284-0860 Prepared by: 4/SS i Jones & Stokes 11820 Northup Way, Suite E300 Bellevue, WA 98005 Contact: Robin MacEwan 425/822-1077 May 2006 This document should be cited as: Jones & Stokes. 2006. Renton Village Storm System Improvement Project: Wetland Delineation & Reconnaissance Report. May. (AS 06048.06.) Bellevue, WA. Prepared for Gray & Osborne, Inc, Seattle, WA. A Table of Contents A _ 1. Introduction..........................................................................1 - 2. Study Area ............................................................................ 2 2.1. Project Area ......... �. 2.2. Reconnaissance Area............................................................................ A3. Methods................................................................................ 4 A 4. Results.................................................................................. 9 4.1. Wetlands A 4.1.1. Vegetation......................................................................................10 4.1.2. Hydrology.......................................................................................13 4.1.3. Soils...............................................................................................13 4.2. Streams................................................................................................13 —_ 5. Permitting Implications.....................................................17 — 5.1. State and Federal Aquatic Permits.......................................................17 _,3, 5.2. City of Renton Critical Areas Regulations............................................18 6. References..........................................................................19 Figures _ Figure 1. Project Vicinity Map................................................................................ 3 Ma 5 Figure 2. USGS Topographic Figure 3. USDA Surveyed Soils............................................................................ 6 w _' Figure 4.. 9 National Wetland Inventory Ma ry p............................................................ 7 Figure 5. Renton Wetlands Inventory Map............................................................8 -- Figure 6. Project Area and Reconnaissance Area...............................................11 _. Figure7. Sections...............................................................................................15 �-1 _ May 2006 Renton Village Storm System Improvement Project Appendices Appendix A. Photographs Appendix B. Wetland Field Data Forms Acronyms and Abbreviations City City of Renton Corps U.S. Army Corps of Engineers DNR Washington Department of Natural Resources Ecology Washington Department of Ecology FAC Facultative HPA Hydraulic Project Approval NWI National Wetland Inventory NWP Nationwide Permit OHWM Ordinary High Water Mark RMC Renton Municipal Code WCM Renton Water Class Map USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey WRIA Water Resource Inventory Area May 2006 't 1—Introduction At the request of Gray & Osborne, Inc., Jones & Stokes conducted a delineation and reconnaissance of wetlands and waters of the United States within the Renton Village _ Storm System Improvement Project area. The Renton Village Storm System —� Improvement Project is located in the City of Renton (City) between 1-405 and Renton Village, close to the center of Section 19, T23N, RSE. No wetlands and three Al drainages were identified within the Study Area. The Renton Village stormwater drainage system currently conveys Rolling Hills Creek and additional stormwater runoff in a piped conveyance system from SR 515 to an open channel between Renton Village and the 1-405 corridor. The City of Renton Surface Water Utility plans to replace the existing Renton Village stormwater .� drainage system with a new system capable of carrying the peak design flow. One ..,11 aspect of this project will be to replace the damaged 48-inch corrugated metal pipe at the outlet of the Renton Village storm system. New energy dissipation will be provided at the pipe outlet, as well as a means for turning the flow at the pipe outlet to reduce erosion of the south bank of the creek, opposite the culvert discharge. This report documents a wetland delineation conducted within the area surrounding the damaged 48-inch culvert and additional wetland and stream reconnaissance conducted downstream to the 48- and 132-inch culverts that convey Rolling Hills •— Creek under the I-405/SR167 interchange. The report defines the areas of investigation; outlines the methodology used; presents a summary of site conditions; and discusses implications relevant to permitting the Renton Village Storm System Improvement Project. t JJ- 4� This document presents the investigation, best professional judgment, and conclusions of Jones & Stokes. Therefore, it should be considered a Preliminary Jurisdictional Determination and used with the understanding that it has not been reviewed and approved in writing by the appropriate jurisdictional authorities. F—i May 2006 2. Studv Area The study area (Figure 1) is bounded to the north by Renton Village parking lots and to the south by the I-405 right-of-way. The east boundary of the study area is the outlet of a culvert that conveys a tributary of Rolling Hills Creek north under 1-405, and the west boundary is the inlet of the culverts that convey Rolling Hills Creek south under the I-405/SR 167 interchange. The entire study area is approximately 1.17 acres and includes a 685-foot reach of Rolling Hills Creek. 2.1. Project Area Two different levels of investigation were carried out in two different sections of the study area. A complete wetland delineation was conducted from the culvert outlet at the east boundary of the study area to a point approximately 50 feet downstream of the damaged culvert location. This 0.25-acre area is referred to in this document as the "Project Area" (Figure 1). 2.2. Reconnaissance Area A wetland and stream reconnaissance was performed along the 622-foot reach of Rolling Hills Creek from the west boundary of the Project Area to the west boundary of the study area. This 0.92-acre area is referred to in this document as the "Reconnaissance Area" (Figure 1). 2 May 2006 r= Renton ;, Municipal "} i.� �;•i s Airport _ , �♦ 90 90 16 ' i r 16 51 S 7th Street _ — S Gtadl �. 9 > �• f C� Q � e � r •�. � d� Rolling Hills Creek enters into a piped conveyance ,. system at SR 515 and re-emerges at Project Area + 1 M c t o •_ 'c`4' 2 16 1 � n 1 t , Regional Vicinity — Interstate — Highway Watercourse - Jones & Stokes Sources. WSDOT (2005), King County (2006), TerraServer (2002) 0 1,000 2,000 3,000 N Feet Figure 1. Project Vicinity Map Wetland Delineation & Reconnaissance Report Renton Village Storm System Improvement Project May 2006 p - - - - -3. Methods Jones & Stokes conducted a wetland delineation on April 4, 2006, to determine the presence and extent of potential wetlands and waters of the United States in the Project Area. The wetland delineation methods used are those provided by the U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987) and the Washington State Wetlands Identification and Delineation Manual (Washington Department of Ecology 1997). Both manuals require the presence of wetland indicators for vegetation, hydrology, and soils in order to consider an area a jurisdictional wetland. Within the Project Area, field sample plots were flagged with blue and white striped flagging. Surface water drainages within the Project Area were also identified and the Ordinary High Water Mark (OHWM) of all drainages was flagged with blue and white striped flagging. In addition to the wetland delineation in the Project Area, and at the request of Gray & Osborne, Jones & Stokes also conducted a wetland and stream reconnaissance of areas directly west of the Project Area. The Reconnaissance Area was assessed for the presence of wetlands and streams based on the same methods, though field data forms were not completed for this area. Literature sources reviewed prior to fieldwork include the following: ■ U.S. Geological Survey (USGS) topographic map, Renton Quadrangle (USGS 1994) (Figure 2); ■ U.S. Department of Agriculture (USDA) Soils Survey for King County, WA (USDA 2006) (Figure 3). ■ USFWS National Wetland Inventory (NWI) Map (USFWS 2006) (Figure 4); ■ City of Renton Wetlands Inventory Map (Renton Municipal Code (RMC) Figure 4-3-050.Q.5) (Figure 5); ■ City of Renton Water Class Map (RMC Figure 4-3-050.Q.4); and ■ Washington Department of Natural Resources (DNR) Water Type Map (Washington State Department of Natural Resources 2006). a May 2006 in 11 '' '�V�"• �' .%.�'..'•' .,may. 'i t,, t, '••�•.' f .::f' en Municipal; Airports' L} r; / .ram'' 1 Jlf J • a1 •i ! t'�}` L..i � s 4 � 18 •� { i � 41 Area _y Tip •.YM 7 t� 6st9 R� ! x t It _ ; ""•: s� 03 tlr 1{ •F � - ••� c ` fit'- •. l `t 1' I:: :L .[ y �'t"�,� _ �t '' 46 t< ha ....__ _ ....�.. _ i:i.. L-�.. -•7i7 18 5'• ..,t. ate•.,•^^ .�: :t ... ..iE :.q,��: %ter •• I = - fir., j � �,ii .• : ,�• #.. � � � ,� �y v'S;: r _ 1 Tukwila ` Sources: USGS 7.5' Quadrangle - Renton, WSDOT (2005) 0 1,000 2,000 3,000 — Interstate N — Highway Feet Figure 2. USGS Topographic Map Tones &Stokes Wetland Delineation & Reconnaissance Report Renton Village Storm System Improvement Project May 2006 jT ? } ; w ': Renton Municipal + ..� '4.h�,�� Airport ar A 16 16 � ' i` � 1•` � ilk . -~ � +N ' f r _ S 7th Street T NN c Rolling Hills Creek enters Cy _. into a piped conveyance system at SR 515 and re-emerges at Project Area • r �jr i ��Ai , Interstate Highway National Wetland Inventory Watercourse Jones & Stokes Sources: USFWS NWI (1988); WSDOT (2005): TerraServer (2002) 0 1,000 2,000 3,000 N Feet Figure 4. National Wetland Inventory Map Wetland Delineation & Reconnaissance Report Renton Village Storm System Improvement Project May 2006 w•� e 1. RdC NIP I ` i Nov �. '� �►1 Renton16", .I► Municipal'' �W �N r� Airport �Vc d 4C a' W PC C y 16 Q B� 16 Rh %f 51 ` S %th Street Py Ur •IL rady Way a4� Area E USDA Surveyed Soils�� Ag, Alderwood gravelly sandy loam �1 AkF, Alderwood and Kitsap soils AmC, Arents, Alderwood material c Rolling Hills Creek enters into a piped conveyance An, Arents, Everett material Be, Beausite ravel) sand loam system at SR 515 and gravelly Y re-emerges at Project Area Ev, Everett gravelly sandy loam In, Indianola loamy fine sand Pu 70 Ng, Newberg silt loam o No, Norma sandy loam PITS, Pits 6 AgC C Pc, Pilchuck loamy fine sand > 51 ( S Pu, Puget silty clay loam Py, Puyallup fine sandy loam w 16 l' _ RdC, Ragnar-Indianola association Rh, Riverwash x I h Sk, Seattle muck It a So, Snohomish silt loam _ Tu, Tukwila muck so_ r Ur, Urban land W, Water q9B Wo. Woodinville silt loam No 1 Sources. USDA, NRCS, King County SSURGO (2004); TerraServer (2002); WSDOT (2005)) — Interstate — Highway 0 1,000 2,000 3,000 Local Street N Watercourse Feet Figure 3. USDA Surveyed Soils Jones & Stokes Wetland Delineation & Reconnaissance Report Renton Village Storm System Improvement Project May 2006 MERCER ISLAND Ka BOREN NEWCASTL .t,.'"':""•.=:?>'` .3e!-F:+_. \�� I \ COAL CRSPX J rluerrrARLss `6A�fop _ N � p-' w,�OrocFfi��"�%��.�'. �i e�•h -jDA w r +r MJMtMi�PUf-. Y- �;. m a M tia K4MU x'�r PROJECT LOCATION r RE' K� ,M w no � Rolling Hit s ree c enters into a piped �•.., conveyance system at SR S and 1 re-emerges at c� ' Project Location d �. / ►\ * i `, w � Y V • q v+•wu►r rr� �ROLLING HILLS: CREEK LANE DESLRB -� bt KENT PA NTNL'R LAU Renton Municipal Code Creeks Roads givers CityBoundary Wetlands =r_ '= Lakes — — -- Municipality Boundaries Source: City of Renton Municipal Code (2006) 0 0.5 Mile 1 Mlle Figure 5. Renton Wetlands Inventory Map Wetland Delineation & Reconnaissance Report 0 %o Jones &Stokes Renton Village Storm System Improvement Project May 2006 4. Results The proposed project lies within the Western Hemlock Zone (Franklin and Dymess 1988), a vegetative complex that occupies extensive lowlands and foothills areas of western Washington. Plant communities not altered by logging or urbanization normally consist of western hemlock (Tsuga heterophylla), Douglas -fir (Pseudotsuga menziesii), and western red cedar (Thuja plicata) with an understory of sword fern (Polystichum munitum), vine maple (Ater circinatum), and salmonberry (Rubus spectabilis). Within this vegetative zone, riparian and wetland plant communities tend to be dominated by red alder (Alnus rubra), black cottonwood (Populus balsamifera ssp. trichocarpa), and sahnonberry. The study area is located within the Lower Green-Duwamish Basin (Water Resource Inventory Area [WRIA] 9). The majority of the Rolling Hills Creek drainage basin is located upstream and east of the Project Area and Renton Village. Immediately east of Renton Village, at SR 515, Rolling Hills Creek and a tributary enter the Renton Village stormwater drainage system. The storm system conveys flow east to west and discharges Rolling Hills Creek into an open channel in the Project Area. At the ' west boundary of the Reconnaissance Area, Rolling Hills Creek flows into a 48-inch pipe. A concrete weir adjacent to the 48-inch pipe allows high flows to bypass into a second, 132-inch pipe. These two culverts convey Rolling Hills Creek approximately '/4 mile under the I-405/SR 515 interchange to an open channel adjacent to the Panther Creek wetland on the east side of SR 167. The channel flows through another piped system for approximately'/4 mile to its confluence with Springbrook Creek. Springbrook Creek flowsto the Black River Pump System which pumps into the Green/Duwamish River. The Duwamish River flows into Elliot Bay/Puget Sound approximately 15 miles downstream of the Black River Pump Station. Land use in the project vicinity consists primarily of commercial development along the I-405 corridor. Soils in the area are mapped as Urban Land (USDA 2006) indicating land primarily covered by streets, parking lots, buildings, and other structures associated with urban areas. The NWI map and the City's Wetland Inventory Map indicate no wetlands within the Project or Reconnaissance Areas. Wetland data was collected at two sample plots in the Project Area and additional observations were made at multiple informal sample plots throughout the Project and Reconnaissance areas. Based on U.S. Army Corps of Engineers (Corps) and Washington Department of Ecology (Ecology) criteria (requiring the presence of May 2006 Renton Village Storm System Improvement Project wetland indicators for hydrophytic vegetation, hydric soils, and wetland hydrology in order to consider an area a jurisdictional wetland), no wetlands were identified within the Project Area or Reconnaissance Area. 4-1. Wetlands 4.1.1. Vegetation Within the Project and Reconnaissance Areas, vegetation is dominated by Himalayan blackberry (Rebus discolor). Cottonwood and red alder are common, particularly along the banks of Rolling Hills Creek. Additional tree species include black locust (Robinia pseudoacacia), black poplar (Populus nigra), pine (Pinus sp.), and Douglas - fir. Shrub species include English holly (Ilex aquifolium), red -osier dogwood (Corpus stolinifera) apparently planted along the bank of the creek, and Red Elderberry (Sambucus racemosa). Herbaceous species include swordfern scattered throughout the area, fringecup (Tellima grandiora) along the banks of the creek, field horsetail (Equisetum arvense), and reed canarygrass (Phalaris arundinacea) (Photograph 1, Appendix A). At Sample Plot 1 (Figure 6 and Data Form 1, Appendix B), located on a bench beside Rolling Hills Creek channel, greater than 50% of the dominant vegetation had a wetland indicator status of facultative (FAC) (Reed 1988) or wetter. This meets Corps and Ecology requirements for wetland vegetation; however, the additional required parameters (wetland hydrology and hydric soils) were not met at this sample plot. Within the Project Area, the ratio of upland plant species increases upslope from this plot location. The vegetation differs in the southeast corner of the Project Area where an approximately 1,983-square foot area is dominated by reed canarygrass and Himalayan blackberry with no overstory (Photograph 2, Appendix A). This area, immediately south of a tributary to Rolling Hills Creek, abuts the I-405 right-of-way and is located on a bench approximately 6 vertical feet above the incised creek. Dominant vegetation, lack of overstory, and proximity to the right-of-way suggest this area has been disturbed. At Sample Plot 2 (Figure 6 and Data Form 2, Appendix B), located within this area, less than 50% of the dominant vegetation had a wetland indicator status of FAC (Reed 1988) or wetter. This does not meet Corps or Ecology requirements for wetland vegetation. Dominant wetland vegetation was not found in conjunction with positive indicators for the two other required parameters (wetland hydrology and hydric soils) at additional, informal sample plots located in the Project and Reconnaissance Areas. 10 May 2006 �� T M RAWA 48"CC E IE=17.94 12" SE IE=18.35 CONC. -----_ ---- 1 L 132-CMP IE=16.84 1 r/1r\ Ir% RENTON VILLAGE PARKING AREA -� B APPROX. EDGE OF PAVEMENT Existing Culvert Existing Contour, 5' Existing Drainage _ — Existing Contour, 1' Existing OHWM Project Area Existing Fence Reconnaissance Area (Approx. Location) Sample Plot Existing Quarry Spalls Section Location A � RENTON VILLAGE PARKING AREA RIM EL=26.77 12" CMP S STORM DRAIN IE=25.37 48"CMP S IE=19.39 12"CMP S IE=25.24 T I 24"CMP S IE=20.02 STORM DRAIN CONCRETE ECOL•: CATCH BASIN BLOCK WALLS - OUTLET(APPROX.) 36" CMP RIM EL=26.32 i 12" CMP S IE=24.32 C ' IMP S IE=21. 4 APPROX. EDGE \ f• ' OF PAVEMENT a r TRIBUTARY 1 OF ROLLING HILLS C EK ----1=-----�--' -- - PLOT �PLOT2 ROLLING HILLS D CREEK N OF 1-405— / f� APPROX. COCAT10 SE IE=23.24 / 12" N IE IN=22.59 12" S IE OUT=22.49 STORM DRAIN OUTLET (APPROX) 18" CONC. 1-405 DRAINAGE 0' 25' 50' 100' Figure 6. Project Area and Reconnaissance Area Wetland Delineation & Reconnaissance Report Jones Stokes Renton Village Storm System Improvement Project May 2006 A111 Weiland Delineation & Reconnaissance Report 4.1.2. Hydrology The 2005-2006 winter was wetter -than -average based on historical precipitation records. Total precipitation at Seatac, Washington for the months of December 2005 through March 2006 was 123% of the average precipitation for those months over the past 58 years (Western Regional Climate Center 2006). The afternoon and evening prior to the delineation, 0.12 inches of precipitation fell in Renton (Weather Underground 2006). Indicators of wetland hydrology meeting Corps or Ecology requirements were not found at the two sample plots within the Project Area. Similarly, at informal sample plots within the Reconnaissance Area, indicators,of wetland hydrology were not found in conjunction with positive indicators of the two other required parameters (hydrophytic plants and hydric soils). 4.1.3. Soils Soils in the Project and Reconnaissance Areas are mapped as Urban Land (USDA 2006), which indicates that the area is primarily covered by impervious surfaces and structures associated with urban areas and that the soils have a likelihood of disturbance related to urban development. Two field sample plots (Figure 6 and Appendix B) and additional test pits throughout the Project Area indicated that soils are primarily a silty clay loam. The soil matrix ranged from chroma two to four. Where present, mottles ranged in abundance from few to common, and in contrast from faint to distinct. However, no data from the field sample plots met the criteria necessary to indicate.hydric soils (See Wetland Field Data Forms, Appendix B). Similarly, at informal sample plots throughout the Reconnaissance Area, hydric soils were not identified in conjunction with positive indicators for the two other required parameters (hydrophytic plants and wetland hydrology). 4.2. Streams Three drainages were identified in the Project and Reconnaissance Areas: Rolling Hills Creek, a tributary to Rolling Hills Creek, and a drainage from I-405 (Figure 6). At the east end of the Project Area, the tributary to Rolling Hills Creek daylights from a 36" culvert after passing under I-405 (Photograph 3, Appendix A). From the culvert outlet, the tributary flows west for 123 feet to the point at which the damaged May 2006 Renton Village Storm System Improvement Project 48-inch culvert discharges Rolling Hills Creek into the open channel (Photograph 4, Appendix A). The tributary is estimated to contribute 20-25% of the total flow of the Rolling Hills Creek basin (Gray & Osborne 2006). From its confluence with Rolling Hills Creek at the damaged 48" culvert outlet, the channel continues 685 feet west before entering a 48-inch concrete culvert that conveys Rolling Hills Creek under the I-405/SR 167 interchange. East of the damaged 48-inch culvert outlet, the Rolling Hills Creek tributary channel is approximately 3 feet wide and deeply incised (Photograph 5, Appendix A). Downstream from the damaged culvert outlet, the Rolling Hills Creek channel ranges from approximately 7 to 12 feet wide. Within the Project Area, the creek has steep banks (Figure 7 and Photograph 6, Appendix A) and the substrate ranges from silts to sands to gravel. In the middle of the Reconnaissance Area, benches alternate sides (Figure 7 and Photograph 7, Appendix A). At the west end of the Reconnaissance Area, the stream banks are more gently sloped (Figure 7 and Photograph 8, Appendix A). Both the Rolling Hills Creek tributary and Rolling Hills Creek are jurisdictional waters of the United States. Rolling Hills Creek is identified by the City on the Renton Water Class Map (WCM) as a Class III Stream (RMC Figure 4-3-050.Q.4). The City's Critical Areas Ordinance defines Class III streams as non-salmonid- bearing perennial waters during years of normal rainfall and/or those mapped as Class 3 on the WCM (RMC 4-3-050.L.la). The minimum buffer width for Class III streams in the City is 75 feet (RMC 4-3-050.L.5a). The reach of Rolling Hills Creek within the Project and Reconnaissance Areas is not identified on the DNR Water Type Map. However, reaches of Rolling Hills Creek upstream of the Project Area are identified and are designated Type F, indicating the creek may be used by fish for spawning, rearing or migration (Washington State Department of Natural Resources 2006). The third drainage within the Project Area originates at an 18-inch concrete pipe that discharges I-405 drainage into the Project Area. The culvert outlet is approximately 40 feet south of Rolling Hills Creek (Photograph 9, Appendix A). No surface flow was observed in this drainage during the site visit; however, evidence of OHWM / scour and a depression containing standing water were observed between the culvert outlet and the drainage's confluence with Rolling Hills Creek. Based on the evidence of OHWM, and the drainage's direct connection with Rolling Hills Creek (a water of the United States), it is likely that the Corps would consider this drainage jurisdictional. This drainage is not currently classified by the City or the DNR. 14 May 2006 Pavement Ordinary High Water Existing G 30 25 20 15 Cu ---:T — ---- -------- > 10 — -- - -------- LU 5 0 SECTION Not to Scale Pavement rOrdinary High Water /— Existing Grou 30 25 LL 20 .0 15 --------------- cc- ---- - --- - LU 5 A 0 SECTION Not to Scale I& Jones & Stokes Ordinary High Water ound Pavement r /— Existing Ground IM 30 25 L'JD- 20 15 CU > 10 5 I SECTION Not to Scale 12" CMP Storm Drain Outlet Pavement—, Ordinary High Water /— Existing Ground 30 ----------------- 25 :�� ------ ------ ---- LT- 20 15 — -- -------------- ca--- - ---- 8) 10 ------ LU- -- ------ 5 I SECTION_o Not to Scale 7 '77 7 , Wetland 061166 sn. V F K- 5. Permitting Implications 5.1. State and Federal Aquatic Permits Activities which may result in a discharge of dredge or fill material into waters of the United States require Section 404 and 401 permits (issued in the state of Washington by the Corps and Ecology respectively). Additionally, an Hydraulic Project Approval (HPA) issued by the Washington Department of Fish and Wildlife is required for any construction activity that will "use, divert, obstruct, or change the bed or flow of any of the salt or fresh waters of the state" (RCW 77.55.011). Rolling Hills Creek is both a state water and a water of the United States and, as All such, 404, 401, and HPA permits may be required for activities associated with the replacement of the damaged culvert in the Project Area. However, if all project elements remain within the existing culvert footprint, it is possible that the project may be exempt from a 404 permit. If a 404 permit is required, the Nationwide Permits (NWP) that may apply are NWT 3 (Maintenance) and NWP 14 (Linear Transportation Crossings). This should be confirmed with the local Corps project manager. It is likely that the Corps would also consider the I-405 drainage located within the Project Area to be a jurisdictional water of the U.S. Determination of the potential jurisdiction of this drainage is up to the discretion of the permitting agencies. If this Adrainage is identified as a jurisdictional water, activities impacting it may also require permits. The proposed project does not include any alteration or modification to this _ drainage other than bank protection/stabilization within the channel of Rolling Hills Creek at the damaged culvert outlet. l To apply for state and federal permits, a Joint Aquatic Resources Permit Application (JARPA), which consolidates multiple permit application forms for federal, state, and local permits, should be submitted. Refer to the instructions on the JARPA form for g complete submittal requirements. �1 May 2006 Renton Village Storm System Improvement Protect 5.2. City of Renton Critical Areas Regulations The proposed project may require a permit and/or letter of exemption as established by the Renton Municipal Code (RMC) Critical Areas Regulations. A Critical Areas Regulations review (See RMC 4-3-050 [Critical Areas Regulations] and RMC 4-8 [Permits -General and Appeals]) will be required to ensure compliance with City regulations related to work within the OHWM and buffer of Rolling Hills Creek and, possibly, the I-405 drainage. Additionally, a Stream Study including an Impact Evaluation may be required by the City (See RMC 4-3-050.L.3 and 4-8-120.D.19). Early consultation with the relevant local, state, and federal agencies is recommended to confirm permit requirements. L I. ;o 's May 2006 �:3 A 6. References ='' Cowardin, L. M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of �� Wetlands and Deep Water Habitats of the United States. (FWS/OBS-79/31.) U.S. Fish and Wildlife Service. Washington, DC. Environmental Laboratory. 1987. U.S. Army Corps of Engineers Wetlands Delineation Manual. (Technical Report 4-87-1.) U.S. Army Corps of Engineers Waterways Experiment Station. Vicksburg, MS. Franklin, Jerry F., and C.T. Dyrness. 1988. Natural Vegetation of Oregon and Washington. Oregon State University Press. Corvallis, OR Gray & Osborne, Inc. 2006. Renton Village Storm Repair Hydrologic/Hydraulic Analysis. May. Seattle, WA Municipal Research Services Center. 2006. City of Renton Municipal Code (RMC). Available: http://search. mrsc.org/nxt/gateway. dll/mtnmc?f=templates& fn=mtnpage. htm $vid=municodes:Renton. Accessed: January 25 through April 10 2006. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: —' Northwest (Region 9). (Biological Report 88(26.9).) Prepared for U.S. Fish �l and Wildlife Service Wetland Inventory, Washington, DC. St. Petersburg, FL. Washington Department of Ecology. 1997. Washington State Wetlands Identification and Delineation Manual. (Publication No. 96-94.) March. Olympia, WA. Washington State Department of Natural Resources. 2006. Water Type Map. Available: http://www3.wadnr.gov/dnrapp5/website/fpars/viewer.htm. Accessed: April 6, 2006. Washington State Legislature. 2006. Revised Code of Washington. Available: http://apps.leg.wa.gov/rcw/default.aspx. Accessed: April 5, 2006. Weather Underground. 2006. History for Renton Washington. Available: http://www.wunderground.com/history/airporUYK-MT/2006/4/3/Dai lyHi story n _k- �a May 2006 S v Renton Village Storm System Improvement Project .html?req_city=NA&req_state=NA&req_statename=NA. Accessed: April 10, 2006. Western Regional Climate Center. 2006. Monthly Total Precipitation, Seattle Tcoma WSCMO AP, Washington. Available: http://www.wrcc.dri.edu/cgi- bin/cliMONtpre.pl?waseat. Accessed: April 10, 2006. USDA (U.S. Department of Agriculture). 2006. NCSS Web Soil Survey. Available: http://websoilsurvey.nres.usda.gov/app/. Accessed: January 24, 2006. USFWS (U. S. Fish and Wildlife Service). 2006. National Wetland Inventory. Available: http://www.fws.gov/nwi/. Accessed: April 3, 2006. USGS (U.S. Geological Survey). 1994. Topographic Map. 7.5-Minute Series. Renton Quadrangle. Geological Survey. Prepared by USGS. Denver, CO May 2006 cu !� Appendix A Photographs I I 11 I Photograph 1. Typical Project Area Vegetation Understory vegetation in the Project Area is dominated by Himalayan blackberry. Dominant tree species are cottonwood and red alder. Photograph 2. Vegetation in Southeast Corner of Project Area Vegetation in the southeast comer of the Project Area is dominated by reed canarygrass and Himalayan blackberry. (Photo taken looking west from east boundary of Project Area). Photograph 3. Rolling Hills Creek Tributary Culvert Outlet A tributary to Rolling Hills Creek discharges from a 36' cmp culvert at the east boundary of the Project Area. Photograph 4. Renton Village Storm System Culvert Outlet Rolling Hills Creek discharges from the damaged 48-inch corrugated metal pipe Quarry spalls border the creek for 24 feet until its confluence with the tributary to Rolling Hills Creek. �21 Photograph 5. Rolling Hills Creek Tributary — Project Area The tributary to Rolling Hills Creek upstream of the damaged culvert outlet (looking east). Photograph 6. Rolling Hills Creek — Project Area Rolling Hills Creek 75 feet downstream of the damaged culvert outlet (looking east). A_3 Photograph 7. Rolling Hills Creek — Reconnaissance Area Rolling Hills Creek Reconnaissance Area (looking west) Photograph 8. Rolling Hills Creek Culvert Inlet — Reconnaissance Area Rolling Hills Creek at west end of in Reconnaissance Area (looking west towards the 48" culvert inlet). Photograph 9. 1-405 Drainage Culvert Outlet The intermittent IA05 drainage outlets from a culvert at the south boundary of the Project Area and continues approximately 40 feet north to its confluence with Rolling Hills Creek. f1 J Appendix B Wetland Delineation Data Forms I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: t�aM V\t.trP4—t S"Tar2M SYSIStA 1Mp12oYE�`�CrJT pate: yILA /o6 Applicant/Ov. CITY O V ',ZE-, 47-O N County: IGt Nfr� InvPctirntnr(s): -Z. I^Cir W^ N L D . in t4 N-Sn K State- V-/A Do normal circumstances exist on site? 'U No Community 10: r) LP Is the site significantly disturbed (atypical situation)? Yes Transect ID: is the area a potential problem area? if needed, explain an reverse. Yes 1140 Plot 10: 1 VFGFTATICN Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator t. t�ot��-0 S 3At-ShtiHtFEt2A T 'Fill, 9. 2. O30S DASC0LQJR, S 'Fc- .10. 3. AI.N0 S 2-Q75R A 'r' FA 11. 4. 12. S. 13. 6. 14. 7. 15. 8. 16. :Dominant Species .......... » ............_»...»........... .......... ....... .......... » .» ....».._»............ ..................... ............... .._...... _...... Percent of dominant species that are OBL, FACW or FAC(excluding FAC- . 2- - Remarks HYDROLOGY Recorded Data (Describe in Remarks): _ Stream, Lake, or Tide Gauge . Aerial Photographs _ Other _ `d} No Recorded Data Available Feld Observations: Depth of Surface Water. NotilE can.) Depth to Free Water in Pit NINE (in,) Depth to Saturated Sail: >l 6 (In.) Wetland Hydrology Indicators Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _ Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): . Oxidized. Root Channels in Upper 12 Inches —Water-Stained Leaves _ Local Sol Survey Data _ FAC-Neutral Test Other (Explain in Remarks) Remarks: . Nortl<tsO ��c�t,oC-,`f �N��C1Fcab'�S �3SER�l�Lj qnn q Map Unit Name (Series and Phase): Drainage Class: NSA Field Observations Taxonomy (Subgroup): _..,.Confirm .... Type1.._• Yes No Profile Descriptions: Depth ..Matrbc-Color Mottle Colors Mottle CLhY LONM �•S r[Z 14/3 R. 6 / L4 I O Y �L 51(2 Co t-M t-to N , FI[IT,T S 1 L7 f i 1-Xq Vf\ Hydric Soil Indicators: Hlstosol Concretions Histic Epipedcn High Organic Content In Surface Layer in Sandy Soils Sulridic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils Ust Gleyed or Law-Chroma Colors Other (Explain in Remarks) Remarks: N o "q t,zLc_ So\t, \2 S IDtm %AfCT1 Akin nGT9=RMINAT1nN Hydrophydc Vegetation Present? Yes No (Circle) (Circle) Wetland Hydrology Present? es No Hydric Soils Present? Yes Is this sampling point within a wetland? Yes No Remarks: _ o -i OS 1T1 v E i N O\ c If-ti"ts`2 I -n tAD H\� D ►'L' t,o G H v('t W - - .So\� S -?LpT LoLh�z�> .EAST OF 12�L•UNE, Mu-S C( E K ON Z3EjgcF� PtPt"'2oX 2` 1�'bo�E Lu2►'�-Eta-� tat�E2 Su(LFAtt✓ EL.�VAc�IG'11, — L. a tht_' �Zt Q �-r-�,' o sJ R�zo (z-� e � A� �`loo ►.� �� t J c N � N c. t� R•\ 0 2 ib S A T E \it S. k-V ( a. 1 Z" W �c cYl --RthN - h�16(Lf�2.� 1 N -� C11 S ! • D� i,\J&9 - ,C T>0-Zl'j> Mfi2 2voG u,nAP/�L� �.b 5 ` YLt�lc. �rLtxlr� r�rcr4NkE Approved by HQUSACE 3/y1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: B 1= `ISCeM J'- r�aL� l Date: Li IL1106 Applicant/Owner. G 1T\' OF �t 1 rt O t1 County: jL1 N Ch lnvestigator(s). >✓ Jo NS-- State; Do normal circumstances exist on site? No Community 10: U P L Is the site significantly disturbed (atypical situation)? Yes No Trensect ID: Is the area a potential problem area? If needed, explain on reverse. Yes Plot 10: Z- VFr,FTATION 2.7'14A _b215 3. 4. 5. 6. 7. 9. 10. 11. 12 13. 14. is Plant • Dominant Species .»»» » »» » » .......................... ........ .......... ». ..». .» Percent of dominant species that are OBL, FACW or FAC (excludingFAG). t 2 = Sa Remarks _ P to-r S N oT aci iM 1 N '3 N `i D ?-Z C✓ YEGi✓ < z'c:l e of _ t.o V bo V-A i ry tc�� 3`� �Z,E-ffmc P4 •i`4 P\chti �t S �12 t3 E 4 /'�'Q S. HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs _ Inundated Other Saturated in Upper 12 Inches —Water Marks No Recorded Data Available _ Drift Lines, _ Sediment Deposits Drainage Patterns in Wetlands Feld Observations: Secondary Indicators (2 or more required): Depth of Surface Water. NU NE on.) . Oxidized. Root Channels in Upper 12 Inches Leaves Depth to Free Water in Pit: coo is b on.) —Water-Stained _ Local Sail Survey Data FAC-Neutral Test Depth to Saturated Soil: > 16 on.) _ _ Other (Explain in Remarks) Remarks: No wEtl. r�ll� N`�D��f�� tNfl�G11'�fl�S 6BST:ow F_C, ?"Fr Fr L o Cll<� f� O X . 6 V FYU C M. r o� E �l,irJ 51 w� ok S J fr.Fr'�z,1r vJk��YL 1(4 Na f SOILS ' �i Map Unit Name (Series and Phase): J R�,-bN L, f4A-,r, Drainage Class: j,L /A Field Observations Taxonomy (Subgroup): Confirm Mapped Type1 Yes No Prorile Descriptions: Depth Matra-Cator Mottle Colors Mottle . (inches) Horizon Munsell Moist Munseli Moist Abundance/Contrast Texture, Concretions, Structure, etc. to (R 3�2 ►o `�f2. Sf2 'i C.0t•' 0A0 �: LT l 1M CTtt G� MOtST� %A S►�� t.o��nn ►�cz�e ................_........................................._..........._-................................._...................._...._»............_..........................»....................................... Hydric Soil Indicators: .7 Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed an Local Hydric Soils List ' Reducing Conditions Listed on National Hydrie Soils List al Gleyed or Law-Chroma Colors Other (Explain in Remarks) Remarks: Np H`tO,2t L so t t, I t-1 L ArT-0 2 g o3S(ZiF-n WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Sails Present? Yes No is this sampling point within a wetland? Yes No Remarks: ►�I..oT L-oc.-LETwZ'F-v4 SZ'��7t�M i �IoS ON 'rt1GN -it En3cti 1k,4P0.0K. 6 Je'2-m cn>, FGE7T- �415 •-tT"Z� S-reCAYI L A� P 2o�C O xz-" t-- O C A-t- e vzTaZ I IP n-A— wJ (L c Le 2l � ��Y1-�• u o N 2 �17 c � t NG ►ale-t u t�- -T"o S rt� J tS t'T , E", Approved by HOUSACE 3192 From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <Dcarey@ci. renton.wa. us> Date: 09/28/2006 3:12:57 PM Subject: Re: Renton Village Storm System Imprvmt. Project - Construct in2007 OK Dan. Thanks for letting me know Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 09/28/06 10:05 AM >>> Hi Larry, I just wanted to let you know that the project will not be constructed this year. We are still waiting for the Army Corps review of the project, and what permits they may need to issue. Our plans are to construct the project in 2007, probably starting June 16 as allowed in the HPA. Thanks, Daniel From: Daniel Carey To: LARRY FISHER Date: 09/28/2006 10:05:01 AM Subject: Renton Village Storm System Imprvmt. Project - Construct in 2007 Hi Larry, I just wanted to let you know that the project will not be constructed this year. We are still waiting for the Army Corps review of the project, and what permits they may need to issue. Our plans are to construct the project in 2007, probably starting June 16 as allowed in the HPA. Thanks, Daniel CC: Barry Baker; Ronald Straka � -Zti-o 6 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Mill Creek. WA 98012-1296 R WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Control Number: 105604-1 RGCEIVEL Project Expiration Date: July 19. 2011 FPA/Public Notice #: NIA JUL 2 4 2006 -`ITV f-%rr a ION I ITItI-F,; : n ='t♦c PERMITTEE Renton City Of Surface Water Utility Department ATTENTION: Daniel Carey 1055 South Grady Way Renton. WA 98055 425-430-7293 AUTHORIZED AGENT OR CONTRACTOR Project Name: Renton Village Storm System Improvement Project Project Description: Replace culverts, abandon the existing culvert outfall and install a new outfall and bank protection at Rolling Hills Creek, downstream of the Renton Village shopping center; 555 S. Renton Village PI. 1. Work below the ordinary high water line (OHWL) shall occur only between June 16 and October 15 of calendar years 2006 - 2010. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT', dated June 2006, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 4. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. 5. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 6. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 7. Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. 8. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved conditions. 9. Fill associated with culvert installation shall be protected from erosion to the 100-year peak flow. Page 1 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 Control Number: FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 105604-1 N/A 10. The culvert shall be installed and maintained to prevent erosion of stream banks downstream of the project. 11. Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary to protect the toe of the bank. 12. The toe shall be installed to protect the integrity of bank protection material. 13. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re-enter the water. 14. Bank toe protection material shall be clean, angular rock, and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. 15. Disturbance of the streambed and banks and their associated vegetation shall be limited to that necessary to construct the project. Affected streambed and bank areas shall be restored to preproject or improved habitat configuration. Prior to December 31 of the year of culvert replacement, the disturbed areas of vegetation shall be revegetated with native or other woody species approved by the WDFW Area Habitat Biologist (AHB) listed below. Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 16. Equipment used for this project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing' work activities along the stream. 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 18. Erosion control methods shall be used to prevent silt -laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 19. Prior to starting work, the selected erosion control methods (Provision 18) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. Page 2 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 Control Number: FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 105604-1 N/A 20. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 21. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 22. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 23. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS Location #1 Renton Village. WORK START: July 20, 2006 IWORK END: July 19, 2011 WRIA: 09.0005 Waterbody: Spring Brook Creek Tributary to: Black River 1/4 SEC: NE 1/4 Section: 19 Township: �23 N Range: 05 E Latitude: N 47.46866 Longitude: W 122.21228 County: King Location #1 Driving Directions NOTES APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Page 3 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 Control Number: FPA/Public Notice # North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 105604-1 N/A Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291; A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil, penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. Page 4 of 5 North Puget Sound Washington HYDRAULIC PROJECT APPROVAL Department of 16018 Mill Creek Boulevard r FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Control Number: 105604-1 Project Expiration Date: July 19, 2011 FPA/Public Notice #: N/A D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and'Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P3 Habitat Biologist a ✓ for Director Larry Fisher 425-649-7042 �' ��"�^-` " WDFW CC: Page 5 of 5 JUL-20-'06 THU 10:30 ID:WR DEPT OF FISHERIES TEL NO:206-391-6583 #806 P01 I--r-66 u TO: Dan Carey FROM: Larry Fisher July 20, 2006 5 pp. + cover RCCEIVED JUL 2 0 2006 CITY OF RENTON UTILITY SYS1 r-%JS __...____JUL-20-106 THU 10:30 ID:WA DEPT OF FISHERIES TEL NO:206-391-6583 #806 P02 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 MIII Creek Boulevard FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW MIII Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 PERMIT -FEE Renton City Of Surface Water Utility Department ATTENTION: Daniel Carey 1055 South Grady Way Renton, WA 98055 425-430-7293 Control Number: 105604-1 FPA/Public Notice #: N/A AUTHORIZED AGENT OR CONTRACTOR Project Name: Renton Village Storm System Improvement Project Project Description: Replace culverts, abandon the existing culvert outfall and install a new outfall and bank protection at Rolling Hills Creek, downstream of the Renton Village shopping center; 555 S. Renton Village PI. PROVISIONS 1. Work below the ordinary high water line (OHWL) shall occur only between June 16 and October 15 of calendar years 2006 - 2010. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "RENTON VILLAGE STORM SYSTEM IMPROVEMENT PROJECT", dated June 2006, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. 3_ A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter: 4. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. 5. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 6. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 7. Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. 8. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved conditions. 9. Fill associated with culvert installation shall be protected from erosion to the 100-year peak flow. Page 1 of 5 ......:JUL-20-106 THU 10:31 ID:WA DEPT OF FISHERIES TEL NO:206-391-6583 #806 P03 Was"ng1on HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - Appoal pursuant to Chapter 34.05 RCW MITI Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 Control Number 105604-1 FPA/Public Notice #: N/A 10. The culvert shall be installed and maintained to prevent erosion of stream banks downstream of the project. 11- Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary to protect the toe of the bank. 12. The toe shall be installed to protect the integrity of bank protection material. 13. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re-enter the water. 14. Bank toe protection material shall be clean, angular rock, and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. 15_ Disturbance of the streambed and banks and their associated vegetation shall be limited to that necessary to construct the project, Affected streambed and bank areas shall be restored to preproject or improved habitat configuration. Prior to December 31 of the year of culvert replacement, the disturbed areas of vegetation shall be revegetated with native or other woody species approved by the WDFW Area Habitat Biologist (AHB) listed below. Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 16. Equipment used for this project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 18. Erosion control methods shall be used to prevent silt -laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 19, Prior to starting work, the selected erosion control methods (Provision 18) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. Page 2 of 5 JUL-20-106 THU 10:32 ID:WA DEPT OF FISHERIES TEL NO:206-391-6583 #806 PO4 joWashington HYDRAULIC PROJECT APPROVAL North Puget sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW MITI Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 Control Number: 105604-1 FPA/Public Notice #: N/A 20. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 21. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 22. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides_ 23. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement. sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. PROJECT LOCATIONS Location #1 Renton Village. WORK START: July 20, 2006 WORK END: July 19, 2011 WRIA 09.0005 A5 rbo : Spring Brook Creek TnDutary to: Black River 1/4 SEC: NE 1/4 section: 19 Townsh : 23 N Range: 05 E Latitude: N 47.46866 longitude: W 122.21228 County: King Location 41 Driving Directions NOTES APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval Is Issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project_ This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The persons) to whom this Hydraulic Project Approval Is Issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Page 3 of 5 JUL-20-106 THU 10:32 ID:WA DEPT OF FISHERIES TEL NO:206-391-6583 ##806 P05 ` �epartr en of HYDRAULIC PROJECT APPROVAL 16016MillCreek Boulevard FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 RCW Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Control Number: 105604-1 Project Expiration Date: July 19, 2011 FPA/Public Notice #: N/A Failure to comply with the provisions of this Hydraulic Project Approval could result In a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation If the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is Issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural Irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is Issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. A. INFORMAL APPEALS ('WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55,021, 77.55.141, 77.55.181, and 77.55.291; A person who Is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order Imposing civil- penalties, A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party Is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party Is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (8) An order Imposing civil, penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that Is being challenged_ The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an Informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision In response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.56.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL, shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504: telephone 360/459-6327. Page 4 of 5 JUL-20—'06 THU 10:33 ID:WA DEPT OF FISHERIES TEL NO:206-391-6583 t#806 P06 «mi Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 MITI Creek Boulevard FISH and RCW 77.55.021 • Appeal pursuant to Chapter 34.05 RCW Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: July 20, 2006 Project Expiration Date: July 19, 2011 Control Number: 105604-1 FPA/Public Notice #: N/A D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW- A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P_O. Sox 40903, Lacey. Washington 98504; telephone 3601459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results In forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P3 Habitat Biologist o..r _ for Director Larry Fisher 425-649-7042 WDFW CC: Page 5 of 5 2-11-06 �o RECEIVED DEC 1 1 2- y CITY OF RENTON STATE OF WASHINGTON UTILITY SYSTEMS DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 December 8, 2006 4 0 1 OQ Aepr•to Daniel Carey City of Renton Surface Water Utility 1055 South Grady Way Renton WA 98055 Dear Mr. Carey: RE: U.S. Army Corps of Engineers Reference #200600760 Nationwide Permit #7, Nationwide Permit #13, and Nationwide Permit #33 Renton Village Storm System Improvement Project, Rolling Hills Creek, King County, Washington This letter is to confirm that the above -referenced project will not require an individual water quality certification or Coastal Zone Management consistency determination from the Department of Ecology. Your project does not meet our criteria for requiring an individual certification under Nationwide Permit #7, Nationwide Permit #13 and Nationwide Permit #33. Please note that this letter does not exempt the applicant from compliance with other requirements of federal, state, and local agencies. Please contact me if you have any questions regarding this letter at (425) 649-7271 or e-mail len1461(2ecy.wa.gov. Sincerely, Lori C. Enlund Federal Permit Assistant Shorelands and Environmental Assistance Program LCE:cja cc: Amy Klein, U.S. Army Corps of Engineers Penny Keys, Ecology Loree' Randall, Ecology 0 IL 2- 6- ° 6 From: Daniel Carey To: Lori Enlund Date: 12/06/2006 2:38:08 PM Subject: Re: NWP - 401 Water Quality Certification - Renton Village Storm System Project Hi Lori, Sorry I haven't gotten back to you earlier. November has been too busy with the floods, Preliminary Damage Assessments for King County, holidays, the snowstorm, plus other project tasks. The Renton Village Storm System Improvement Project is a maintenance project involving replacing about 550 feet of existing 42-, and 48-inch storm line with a new storm line consisting of either two parallel pipes or one box culvert. The reason for the project is that the existing 48-inch CMP pipe is corroding and about 12 feet of the end collapsed in 2005. In addition, the pipe is undersized and does not have sufficient capacity to carry flows from the peak storm events without flooding the parking lot and street. The new storm line will start at an existing stormwater manhole, will run thru the existing street and parking lot, and will discharge at the existing 48-inch CMP outfall. The discharge location is at an open channel on the south side of the parking lot, part of Rolling Hills Creek. The creek bank across from the existing outfall has some erosion damage from high flows. When we build the new outfall to the creek we will add protection and reinforcement to the banks to reduce or eliminate erosion and damage to the bank. Attached is a pdf of the Hydraulic Project Approval (HPA) from WDFW dated July 20, 2006. We also received approval from the Army Corps of Engineers on October 26, 2006 (permit number 200600760) stating that the work is authorized under Nationwide Permits 7 Outfall Structures and Maintenance, 13 Bank Stabilization, and 33 Temporary Construction Access and Dewatering. For the 401 Water Quality Certification the portions of the Ecology Stormwater Manual that would be applicable to the project deal with temporary Erosion and Sediment Control measures needed during construction. The King County Manual requirements and the construction specifications the City uses should be equivalent to the requirements in the Ecology Manual. In general, the City project addresses the Ecology Stormwater Manual section 1-2.5 Erosion and Sediment Control Requirements as follows: #1 Stabilization and Sediment Trapping — Generally not applicable (NA) since the site is asphalt covered street and parking lot, and the project does not involve stripping large areas of land. The Contractor will only open the area for construction of the new storm line as needed. Typically, filter fabric fences, straw bales, and filter fabric protection on catch basins will be used for sediment control. Stormwater runoff from the work area will be filtered through those measures, or by using a tank for sediment settling (Baker tank) if needed. #2 Delineate Clearing and Easement Limits —The project area is show on the construction plans and the new pipe location will be marked by a surveyor hired by the Contractor. #3 Protect Adjacent Properties — Sandbags and temporary drainage diversion measures would be used where needed to control runoff in the street and parking lot, and direct it into the existing or temporary drainage system. #4 Timing of Sediment Trapping Measures — The erosion and sediment control measures will be show on the construction plans. The Contractor is required to install the measures before construction starts, and maintaining them during construction. The City Inspector checks the erosions and sediment control provisions and can have the Contractor make corrections and adjustments as needed. #5 Cut and Fill Slopes — NA, the project does not involve typical site clearing, grading, and earth shaping. #6 Control Off Site Erosion — Generally NA, the project is not changing the pattern or amount of runoff and will not affect downstream properties. Sediment control measures for the new outfall will comply with the requirements in the HPA. Flow in the creek will be routed around the new outfall and bank stabilization area while they are being constructed. #7 Stabilize Temporary Channels — There will not be any temporary channels in bare earth. Stormwater will be pumped around the construction area and discharged back into the existing drainage system, or to the downstream creek. Temporary protection measures will be used at the creek if water is directed to it at a different location. #8 Storm Drain Inlet Protection — The Erosion and Sediment Control Plan will include filter fabric protection for catch basins. #9 Underground Utility Construction — Typically the Contractor only has 20 to 40 feet of trench open as the new storm system is installed. Excavated soil is either hauled away or stockpiled and used for backfill as construction proceeds. Dewatering will discharge to a temporary sediment trap constructed of sandbags and filter fabric, or a tank, as noted in #1. #10 Construction Access Routes — Most of the site will be covered with existing asphalt so transporting mud on truck tires should not be a significant problem. The City requires the Contractor to keep the street clean. Dirt on the road or parking lot is required to be swept manually or by machine. #11 Remove Temporary BMPs — Erosion and Sediment Control measures are required to be removed by the Contractor as part of final cleanup and demobilization. #12 Dewatering Construction Sites —See #9. #13 Control of Pollutants — The Contractor is required to have spill response materials on site and immediately contain and clean any spills of hazardous materials (gas, oil, etc.). # 14 Maintenance — The construction specifications require the Contractor to maintain the temporary erosion and sediment control provisions during construction. The City Inspector checks the provisions and can require corrections or changes if needed. #15 Financial Liability — The Contractor is required to have a general construction bond issued to the City for the construction contract. The erosion and sediment control provisions are part of a bid item in the construction specifications. The City can withhold payment, and could order the Contractor to stop work, if the erosion control plan is not followed. Let me know if you have any other questions. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email: dcarey(a.)ci.renton.wa.us >>> "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> 12/05/06 12:16 PM >>> Daniel, I just wanted to drop you a quick email to check on the progress of your answers to my questions from our phone conversation last month. In our conversation, you said that you would email a copy of the HPA and how the project would comply with the Ecology Stormwater manual. I know you said that you would be out for the Thanksgiving Holiday week, just making sure it hasn't been forgotten! Thanks, Lori Enlund Lori Enlund 401 Permit Assistant Shorelands & Environmental Assistance Program Washington State Department of Ecology 425-649-7271 CC: Barry Baker From: "Enlund, Lori (ECY)" <lenl461 @ECY.WA.GOV> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 12/05/2006 12:17:23 PM Subject: NWP Daniel, I just wanted to drop you a quick email to check on the progress of your answers to my questions from our phone conversation last month. In our conversation, you said that you would email a copy of the HPA and how the project would comply with the Ecology Stormwater manual. I know you said that you would be out for the Thanksgiving Holiday week, just making sure it hasn't been forgotten! Thanks, Lori Enlund Lori Enlund 401 Permit Assistant Shorelands & Environmental Assistance Program Washington State Department of Ecology 425-649-7271 - -- — UT — 41e� � 1 jWq V " ey fp ry t4 ,Ol 7''P / f%y�n►� l,,/ yJ�.'�% �*�r�� / o) (. �/ 7 "�O`J / ply 714a7 EGCLo G y 28 6� 51 GF, x RECEIVED -n yet rase 'oy JUN 2 8 2006 STATE OF WASHINGTON CITY OF RENTON DEPARTMENT OF ECOLOGY UTILITYSYSI;-MS Northwest Regional Office • 3190 160th Avenue SF • Bellevue, Washington 98008-5452 • (425) 649-7000 June 26, 2006 Daniel Carey City of Renton Surface Water Utility 1055 South Grady Way Renton, WA 98055 Dear Mr. Carey: RE: Joint Aquatic Resources Permit Application (JARPA) for the Renton Village Storm System Improvement Project, Rolling Hills Creek, King County, Washington The Department of Ecology (Ecology) received the JARPA for the Renton Village Storm System Improvement project on June 23, 2006. This letter is intended to: 1) inform you that we have received your application package, 2) provide contact information, and 3) let you know what the next steps in the permitting process will be. Ecology's goal is to issue the majority of our permits within 90 days provided that we have all of the information from the applicant and a determination from the U.S. Army Corps of Engineers (Corps) as to what type of permit they will be issuing (see below). Large and/or complex projects may require additional review time, and Ecology will discuss the timeline with the applicant. Please be aware that our timeline goal does not include the time when the applicant is providing information or responding to requests. Information Received and Needed In addition to your JARPA, we received the following documents: • Informal ESA Consultation, dated June 20, 2006 • Wetland Delineation and Reconnaissance Report, dated May 2006 We will be working with you over the course of the permitting process to identify what other information is needed. Ecology may request additional information during our detailed project review in order to provide reasonable assurance that water quality standards will be met. Information requested by Ecology will be dependent on the type of permit decision the Corps makes (see attachment). Please be aware that time spent waiting for information from you or the Corps is in addition to the 90-day decision goal mentioned above and effectively stops our clock. 01 Daniel Carey June 26, 2006 Page 2 of 2 Corps Permits and Appropriate Ecology Permit Ecology must find out from the Corps the type of permit they will be issuing for your project before we can determine the appropriate Ecology permit for your project. The Corps will issue one of the following four permits for your project: 1) An Individual Section 404 permit (under the Clean Water Act) 2) A Nationwide permit, issued under Section 404 3) An Individual Section 10 permit (under the Rivers and Harbors Appropriation Act) 4) A Letter of Permission, issued under Section 10 The attachment provides information regarding these four different types of permits that the Corps may issue for your project and the corresponding Ecology permit. I look,forward to working with you on your proposal. Please contact me if you have any questions regarding your application or the 401 Water Quality Certification (WQC) process. at (425) 649- 4318 or e-mail aing461 gecy.wa.gov. Sincerely,, Alice T. Nguyen Federal Permit Assistant Shorelands and Environmental Assistance Program cc: Sarah Rahman, U.S. Army Corps of Engineers Attachment Corps Permits and Associated Ecology Process Section 404 permits: If your project includes placement of fill material into water or wetlands, the Corps will issue an Individual Section 404 permit or a nationwide permit. Individual Section 404 permit: This type of Corps permit always requires an individual Section 401 water quality certification (WQC) issued by Ecology. We will request more information from you and may set up a site visit prior to issuing the permit. Ecology's process and timeline are as follows: ✓ Request additional information (e.g., shoreline permit, Hydraulic Project Approval. State Environmental Policy Act [SEPA] documents, Coastal Zone Management Act [CZM] determination form, wetland delineation/mitigation report) ✓ Corps distributes Public Notice of Application, which includes Ecology's public notice ✓ Make 401 decision within 90 days of receiving JARPA, as long as the Corps has issued the Public Notice Nationwide permit: This type of Corps permit is a streamlined permit for projects that meet the specifications of the activity described in the Corps' Special Public Notice (found on the internet at http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=NW P_2002). When the Corps issues a nationwide permit, there are two potential outcomes: The Corps is able to determine that your project meets the State's conditions on the nationwide permit, and your authorization letter from the Corps states that you do not need to contact Ecology. No further action is taken by Ecology on your application. Please fax a copy of the Corps' authorization letter to my attention at (425) 649-7098 so we can close out our file. 2. The Corps is not able to determine that your project meets the State's conditions, and directs you to contact Ecology. If you are directed to contact Ecology, we may ask you for additional information in order to determine if your project meets the State's conditions. In most cases, no WQC is required and we are able to evaluate your project and respond with an approval letter within two weeks. Attachment "Corps Permits and Associated Ecology Process" Page 2 of 2 In some cases, you may need to obtain an individual Section 401 WQC for a nationwide permit. For example, if your project includes dredging or any in -water activity that will create turbidity, Ecology may require an individual permit. Ecology's process is as follows: ✓ Request additional information (e.g., shoreline. permit, Hydraulic. Project Approval, SEPA documents, CZM determination form, wetland delineation/mitigation report) ✓ Prepare and issue 21-day public notice ✓ Make 401 decision within 90 days of receiving JARPA, as long as the Corps has issued the nationwide permit Section 10 permits: If your project includes construction of structures (e.g., docks, piers, and other moorage facilities) in navigable waters, it may require a Section 10 permit from the Corps. Individual Section 10 permit: This type of Corps permit requires a CZM consistency determination by Ecology if the project is located in any of the following coastal counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum, or Whatcom. Certification of consistency with the CZM Program is Ecology's determination that a project complies with the following statutes and regulations: • SEPA • Shoreline Management Act • Clean Air Act • Water Pollution Control Act (Clean Water Act) The Corps will require you is submit a CZM consistency form that asks for information abort Your -compliance with the alu-O t'+ ` Tr s then su Tr r 1 v S .L L 3. 1 e Grp L �.I iS,, cS a Pub iC Notice 10r the Section 10 permit. After the comment period is over, Ecology can issue a CZM consistency determination in approximately two weeks if you have all of the necessary permits and approvals. Letter of Permission: This Corps authorization (generally for docks or piers) does not require a response from Ecology. Additional permit process information is available on Ecology's web page: http://www.ecy.wa.gov/programs/sea/shorelan.html http://www.ecy.wa.gov/programs/sea/pac http://www.ecy.wa.gov/programs/sea/pac/ppds_info/review.htm