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DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 ' �'A � tAtp • �TAif.c At P' • • Regulatory Branch City of Renton, Utility Systems ATTN: Mr. Dave Christensen 1055 Grady Way South, 5th Floor Renton, Washington 98055 Gentlemen: S E P 12 2002 RECEIVED SEP 13 2002 CIy OFUTIL►TTY SYSTGM�S Reference: 2000-2-01573 Renton, City of This letter is in response to your application requesting Department of the Army authorization to install four pre -cast manhole covers over an existing submerged sewerline in Lake Washington at Renton, King County, Washington. The regulations, which govern our permit program, contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 12 (Federal Register, January 15, 2002, Vol. 67, No. 10) authorizes "Utility Line Activities." The entire text of NWP 12 including its specific regional conditions is enclosed. The NWP 12 authorizes the above -described proposed project. The work must be performed as depicted on the enclosed drawings dated December 2000 and in accordance with the enclosed NWP conditions in order to remain authorized by the NWP. One of those specific conditions that applies to all NWPs is General Condition 11, which deals with the Endangered Species Act (ESA). I have completed the necessary coordination under Section 7 of the Endangered Species Act (ESA). I have added the following special conditions to your permit: a. You must implement the Endangered Species Act (ESA) requirements and/or agreements set forth in the Kennydale Lakefront Sanitary Sewer Biological Evaluation, dated March 2001 and revised January 2002, in their entirety. The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of "may affect, not likely to adversely affect" based on this document on June 4, 2002 (USFWS Reference Number 1-3-02-I-1323). The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on this document on May 1, 2002 (NMFS Reference Number WHB-02-167). Both agencies will be informed of this permit issuance and will enforce any known violations of the commitments made in this document pursuant to the ESA. -2- b. In order to protect federally listed species or forage species in the vicinity, no in -water work may occur from January 1st to July 15th of any year. Work may only occur from July 161h to December 31st of any year. The U.S. Army Corps of Engineers (Corps) has completed the necessary review and coordination under Section 106 of the National Historic Preservation Act (NHPA). The Corps has determined that no historic properties are affected by the project as proposed. Unless new information arises, no further consultation is necessary under Section 106 of NHPA. In order for this NWP to be valid, you must obtain and comply with an individual Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response determination from the State of Washington prior to commencing any work. Please telephone or send your plans to: Washington State Department of Ecology Northwest Regional Office 3190 — 160th Avenue Southeast Bellevue, Washington 98008-5452 Telephone (425) 649-7145 If more than 180 days pass and the State has not responded to your individual WQC/CZM request, the WQC/CZM requirement becomes waived. This NWP verification will be valid for 2 years from the date of this letter, or until the date the NWPs are modified, reissued, or revoked, whichever is sooner. If the authorized work has not been completed by that date, you should contact us to find out what permit requirements are then in effect. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply with other Federal, State, and local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed Certificate of Compliance. If you have any questions, please contact me at telephone (206) 764-6910. Sincerely, Jonathan Smith, Project Manager Application Review Section Enclosures NAME: City of Renton Kennydale Lakefront Sewer PURPOSE: Construct four manhole access points for future maintenance of existing in -lake sewerline. REFERENCE: PROJECT AREA PROPOSED: Sewer facility maintenance. IN Section 31, Township 24N, Range 5E, W.M. COUNTY OF: King STATE: WA No Scale SHEET 1 OF 4 December 2000 CMv--IC' . ` F1 .oaInls,b I X-'T 1 �O LAT 47 degrees, 31' ; J i - m I 1 LON 122 degrees, 12' 30" E . 2 s7 sr 5: - DIRECTIONS: From Interstate 405 take Exit 6 �� 72ND LPL E° ^ LEA 2NtT ^ and head west on N. 30th Street to Lake n ST`" I D_ Washington Boulevard. The project area = r begins N. 28th Street and 29 nrfl S > at approximately ' '— runs north to approximately N. 40th Street. SE ✓` q~� nnl 1^ SE 76TH Id �' <I` F of J G -� simply `I aE ST 44 T Q w iN o curaKF;' ST i E 310 t 9TM E1! t1L NE - SE 80___ S:. St Tan N 43RD S n °c PARR` PLz — - S1 5� , Y4Y\ = 2 �C_ I N B G S' �� N 40TH ST No �O O m IT1 AVAL4NJ1 / N 38TH z 1300ME 39TM sT ST vi z A . n ST �2 � 1 SE BEACH KENNYDALab PA : S, 36TH " 4 .. _ ' +r 3 35TH IT Sim 8ro PROJE CORRIDOR CT 0, y:•. = ;T a 34TH 33RD PL SOUTH POIM / j N 8` 4 n° r 33RD ST COLcMAN zoo •'. N POINT • I_'.' 31ST ST N ft^ y -_ NE 31S JIIY.:- = ST O 700 N ...2. ■.. 13ao.. 29TIi ST r m N 28THPL wr=' NE ¢��' 2HT1 N BT'1I - -- -Sf r ZT H NE 2 . PL. :'..ritN KE DIPSYnALE - rt PARK rt_ 210. C LJ! p GARD N N RN', Si 1700 N FiL< .. ME ZIST W 20TH O�S I Reproduced with permission granted by THOMAS BROS. MAPS. This map is copyrighted by �l THOAMAS BROS. MAPS. It is unlawful to copy M S1 i Iy'K 1700 n O V 191M < z OnFh !^ or reproduce all or any part thereof, whether for �w BOAT MUNCH < personal use or resale, without permission. V1 Z T O W NAME: City of Renton Kennydale VICINITY MAP REFERENCE: lZ-oo 73 Lakefront Sewer PROPOSED: Sewer facility maintenance IN Section 31, T.24N, R.5E, W.M. PURPOSE: Construct four COUNTY OF: King STATE: WA manhole access points for future maintenance of existing in -lake NORTH sewerline. No Scale SHEET 2 OF 4 December 2000 G j. - ---- d N NAME: City of Renton Kennydale Lakefront Sewer MAINTENANCE PURPOSE: Construct four manhole access MANHOLE SECTION points for future maintenance of existing in -lake sewerline. V LAKE WASHINGTON REMOVABLE ACCESS SHAFT . �I L 8 Ducille Existing 8' Iron Stub ' ' Cast Iron Sewer Lake � r' Bolcom +'>fpYll NEW 48' DIAMETER \ PRECAST MANHOLE REFERENCE: �L 001 2 ` / 5 -7 3 PROPOSED: Sewer facility maintenance. IN Section 31, Township 24N, Range 5E, W.M. COUNTY OF: King STATE: WA SHEET 4 OF 4 December 2000 1 I US Army Corps of Engineers c Seattle District NATIONWIDE PERMIT 12 Terms and Conditions Effective Date: March 18, 2002 A. Description of Authorized Activities — page 1 B. Corps Regional Specific Conditions for this NWP — page 3 C. EPA, Puyallup Tribe and Chehalis Tribe WQC. Conditions for this NWP — page 4 D. State WQC Conditions for this NWP — page 5 E. State CZM Consistency Determination Conditions for this N�VP — page 6 F. Corps National General Conditions for all NWPs — page 6 G. Corps Regional General Conditions for all NWPs — page 13 H. Additional Limitations on the Use of NWPs — page 15 I. Further Information — page 15 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 12 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Utility Line Activities. Activities required for the construction, maintenance and repair of utility lines and associated facilities in waters of the US as follows: (i) Utility lines: The construction, maintenance, or repair of utility lines, including outfall and intake structures and the associated excavation, backfill, or bedding for the utility lines, in all waters of the US, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication (see Note 1, below). Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the US, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The District Engineer may extend the period of temporary side casting not to exceed a total of 180 days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner as to drain waters of the US (e.g., backfilling with extensive gravel layers, creating a french drain effect). For example, utility line trenches can be backfilled with clay blocks to ensure that the trench does not drain the waters of the US through which the utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. (ii) Utility line substations: The construction, maintenance, or expansion of :i substation facility associated with a power line or utility line in non -tidal waters of the US, excluding non -tidal wetlands adjacent to tidal waters, provided the activity does not result in the loss of greater than 'V, acre of non -tidal waters of the US. (iii) Foundations for overhead utility line towers, poles, and anchors: The construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the US, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. (iv) Access roads: The construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non -tidal waters of the US, excluding non -tidal wetlands adjacent to tidal waters, provided the discharge does not cause the loss of greater than %2-acre of non -tidal waters of the US. Access roads shall be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the US and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations in waters of the US must be properly bridged or culverted to maintain surface flows. The term "utility line" does not include activities which drain a water of the US, such as drainage tile or french drains; however, it does apply to pipes conveying drainage from another area. For the purposes of this NWP, the loss of waters of the US includes the filled area plus waters of the US that are adversely affected by flooding, excavation, or drainage as a result of the project. Activities authorized by paragraphs (i) through (iv) may not exceed a total of %-acre loss of waters of the US. Waters of the US temporarily affected by filling, flooding, excavation, or drainage, where the project area is restored to preconstruction contours and elevations, are not included in the calculation of permanent loss of waters of the US. This includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of the work. Where certain functions and values of waters of the US are permanently adversely affected, such as the conversion of a forested wetland to a herbaceous wetland in the permanently maintained utility line right- of-way, mitigation will be required to reduce the adverse effects of the project to the minimal level. Mechanized landclearing necessary for the construction, maintenance, or repair of utility lines and the construction, maintenance, and expansion of utility line substations, foundations for overhead utility lines, and access roads is authorized, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained as near as possible. The area of waters of the US that is filled, excavated, or flooded must be limited to the minimum necessary to construct the utility line, substations, foundations, and access roads. Excess material must be removed to upland areas immediately upon completion of construction. This NWP may authorize utility lines in or affecting navigable waters of the US even if there is no associated discharge of dredged or till material (See 33 CFR Part 322). Notification: The pernuttee must notify the District Engineer in accordance with General Condition 13, if any of the following criteria are met: (a) Mechanized land clearing in a forested wetland for the utility line right-of-way; (b) A Section 10 permit is required; (c) The utility line in waters of the US, excluding overhead lines, exceeds 500 feet; (d) The utility line is placed within a jurisdictional area (i.e., water of the US), and it runs parallel to a stream bed that is within that jurisdictional area; (e) Discharges associated with the construction of utility line substations that result in the loss of greater than 1/10-acre of waters of the US; (f) Permanent access roads constructed above grade in waters of the US for a distance of more than 500 feet; or (g) Permanent access roads constructed in waters of the US with impervious materials. (Sections .10 and 404) Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are routed in or under Section 10 waters without a discharge of dredged or fill material require a Section 10 pen -nit; except for pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the US, which are considered to be bridges, not utility lines, and may require a permit from the USCG pursuant to section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated with such pipelines will require a Corps permit tinder Section 404. Note 2: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work and the area restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads for construction may be authorized by NWP 33. Note 3: Where the proposed utility line is constructed or installed in navigable waters of the US (i.e., Section 10 waters), copies of the PCN and NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. B. CORPS REGIONAL CONDITIONS FOR THIS NWP Regional Conditions for NWP 12 —The pernuttee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification," when required, 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 United States and why avoidance or additional minimization cannot be achieved. Regional Conditions for NWP 12(i) — Utility Lines — 1. This NWP is not authorized for use in the non -tidal waters of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas: a) Playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. When trenching through wetlands, the approximate upper 12 inches of topsoil shall be removed and stockpiled separately from subsurface soils. Alternatively, topsoil can be imported to comply with this condition. Care shall be taken to avoid compaction when stockpiling hydric soils. Once the utility line has been installed, and armored as necessary, subsurface soils shall first be placed in the trench as backfill, followed by the topsoil as the final layer to restore the site to preconstruction contours. No more than 10 percent of the subsurface soils may be mixed in with the topsoil. Regional Conditions for NWP 12(ii) — Utility Line Substations — In addition to being restricted from use in tidal waters of the United States (defined in 33 CFR Part 328.4(b)), this NWP is not authorized for use in the non -tidal waters of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas: a) Wetlands adjacent to lower perennial riverine systems (See Note below); or b) Coastal dunal wetland systems along the coast of Washington; or c) Lakes, playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system; or NOTE: Adjacent is as defined in 33 CFR Part 328.3(c). In the riverine systems, a line is drawn perpendicular to the river at the Break between lower and upper perennial river systems. This NWP can be used in those wetlands upstream of this line only. These systems are defined in the Definition section of this SPN. The permittee must notify the District Engineer in accordance with General Condition 13 for mechanized landclearing in a forested wetland for the construction of a substation(s). Regional Conditions for NWP 12(iii) — Foundations for Overhead Utility Line Towers, Poles, and Anchors — This NWP is not authorized for use in the non -tidal waters of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas: a) Wetlands adjacent to lower perennial riverine systems (see Note below); or b) Coastal dunal wetland systems along the coast of Washington; or c) Playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or Nvithin 100 feet of any such system; or NOTE: Adjacent is as defined in 33 CFR Part 328.3(c). In the riverine systems, a line is drawn perpendicular to the river at the break between lower and upper perennial river systems. This NWP can be used in those wetlands upstream of this line only. These systems are defined in the Definition section of this SPN. NOTE: This NWP cannot be used to authorize work for wireless communication towers. Regional Conditions for NWP 12(iv) — Access Roads — In addition to being restricted from use in tidal waters of the United States (defined in 33 CFR Part 328.4(b)), this NWP is not authorized for use in the non -tidal waters of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas: a) Wetlands adjacent to lower perennial riverine systems (see Note below); or b) Coastal dunal wetland systems along the coast of Washington; or c) Lakes, playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. NOTE: Adjacent is as defined in 33 CFR Part 328.3(c). In the riverine systems, a line is drawn perpendicular to the river at the break between lower and upper perennial river systems. This NWP can be used in those wetlands upstream of this line only. These systems are defined in the Definition section of this SPN. For the construction of access roads, the permittee must notify the District Engineer in accordance with General Condition 13 if any of the following criteria are met: (a) the loss of greater than 1/10t' of an acre; (b) footprints wider than 12 feet; (c) mechanized land clearing in a forested wetland 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. 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 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 http://www.ecy.wa.gov/programs/wq/303d/1998/wrias/1998_water_segspdf 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 sliall 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. Pennittees 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)). IL 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://wwwfivs.govlr9etidspplendspp.htnil and http://wtivw.nn:fs.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 perrriittee 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 pennittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set foith 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 mininuzed 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 urdividually and cumulatively and must notify the project sponsor of this deternunation 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 pemuttee; (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(1)); (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 Pen -nit 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 PC;N 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 nvnimal, after considering mitigation, the District Engineer will notify the permuttee 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 permuttee 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. in 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 11FA 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. (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 Foodway, 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). 13 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 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 (SAIVIP). 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. 14 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 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 deternne 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. 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://w)vw.iiws.usace.arnty.mil (select "Regulatory/Permits"). 15 CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 2000-2-01573 Name of Permittee : Renton, city of Date of Issuance: SEp 12 2002 Upon completion of the activity authorized by this permit, 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 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 your permit. The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee 11 February 1997 CLM7; B:CERTCOMP.97 RECEIVED 0 July 3, 2003 TETRA TECH/KCM,INC. JUL 8-2003 1917 First Avenue, Seattle, WA 98101-1027 UT�C►TYSYS E S (206) 443-5300 • FAX (206) 443-5372 Mr. Jonathan Smith Project Manager U.S. Army Corps of Engineers Seattle District P.O. Box 3755 Seattle, Washington 98124-3755 Subject: Kennydale Lakefront Sewer Improvement Project Modification Description Letter Dear Mr. Smith: In your concurrence letter to the City of Renton dated September 2002, reference number 2000-2-01573, your office acknowledged the completion of the Kennydale Lakefront Sanitary Sewer Biological Evaluation dated March 2001 and revised January 2002. Pursuant to that concurrence, we are requesting your approval for modification of the project description detailed in the Biological Evaluation (BE). The BE was prepared to facilitate informal consultation with the U.S. Fish and Wildlife Service (USFWS) who have jurisdiction over bald eagle and bull trout, and NOAA Fisheries who have jurisdiction over Puget Sound Evolutionary Significant Unit (ESU) chinook salmon. The BE included the following determinations of effect for species listed under the ESA: ■ "May affect," but "not likely to adversely affect," bald eagle. ■ "May affect," but "not likely to adversely affect," bull trout. ■ "May affect," but "not likely to adversely affect," Puget Sound chinook salmon. Request for Modification As described in Adolfson's letter dated May 1, 2003 the modified project will consist of the construction of only three pre -cast concrete manholes at the following locations: Station 22+00, Station 23+30, and Station 40+00. A fourth manhole that was originally planned at Station 3+00 has been deleted. Blackwater Marine, a general contractor, has been awarded the project for construction. Blackwater has requested to place the two manholes at Stations 22+00 and Station 23+30 by first installing temporary sheet pile cofferdams so that the area around the manhole placement can be isolated for construction. Blackwater believes that there will be less disturbance to the lake bottom using this placement method than by performing an unconfined excavation around the manholes for placement as originally envisioned in the BE. The temporary sheet pile cofferdams will be approximately 10 feet by 20 feet in area, and will be in place for approximately one week at each of the two locations. The sheet piles will be installed using a vibratory hammer rather than an impact hammer to minimize disturbance to habitat. Blackwater estimates that the sheet piles will need to be installed to a depth of approximate 5 feet below the lake bottom and that each of the two cofferdams Mr Jonathan Smith July 3, 2003 Page 2 will take approximately 4 hours to construct. The area within the sheet pile cofferdams will be dewatered to facilitate placement of the manholes. Lake water removed from inside the temporary cofferdams will be routed through sedimentation tanks and returned to the lake within a sediment curtain to contain turbidity. After placement of the manholes, all portions of the temporary cofferdams will be removed and the lake bottom will be restored with gravel. All work will occur within the same time frame and construction limits as described in the BE. The installation of the temporary cofferdams will not extend the overall length of construction nor result in modifications to any work windows or conservation measures described in the BE. Summary and Conclusion Placement of the manholes within the temporary cofferdams will help limit and confine the area within the lake that is affected by construction. Installation and removal of the sheet piles will cause noise from the vibratory hammer for a short period of time. This noise could result in the temporary avoidance of listed species from the project area; however, construction -related avoidance was addressed as a potential effect in the BE. This modification is not anticipated to result in a longer avoidance than previously identified. Therefore, the short-term increase in noise during installation and removal of the sheet piles is not anticipated to result in additional effects to listed species, nor change the determination of effect stated in the BE dated March 2001 and revised January 2002 for chinook salmon, bull trout, or bald eagle. We are requesting the U.S. Army Corps of Engineers concurrence with this conclusion. Per our phone conversation of several weeks ago, Blackwater Marine anticipates beginning installation of the temporary cofferdams on or about August 15, 2003. Please provide feedback on any concerns you may have with this conclusion before that time so that we can maintain the anticipated construction window for the project and meet the construction window outlined in the WDFW Hydraulic Project Approval. If you have any questions or concerns please call me at (206) 443-3591. Sincerely, Te a Tech/KC , effrey W. ykken, P.E. Project Manager c: John Hobson, City ofRentoq Caroline Barnes, Tt./KCM Benn Burke, Adolfson Associates Central Files (2-2) 2030051-002 -ZC 10 -c C Z "�; Environmenrat Soluao" / U wo DATE �I TL A D D L F S D N PROJECTkw-�� �-�% l._..�4►L�'L'— MAY 10 s S S��TH C, QaD.� �A% T _ U 2003 5TH C-L o. 2 UTILITY SYSY OF T Ads WE ARE ENCLOSING: NO. OF COPIES DESCRIPTION �~ Le 1 d� 1 c�� Cca.-tpyr COMMENTS: ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 `Tel 206 789 9658 'fax 206 789 9684 "ys-on@ada m..Cam 333 SW Fifth Avenue, Suite 600 Portland, OR 97204-1743 7l 503 226 8018 �aX 503 226 8016 adoyron@adoyon.zm P.O. Box 341, Cle Elum, WA 98922 rT,( 509 674 5125 la, 509 674 5305 sandidr@ao��m Erwironmenkd .Soi� ohs - May 7, 2003 Mr. Jonathan Smith_ Project Manager U.S. Army Corps of Engineers Seattle District P.O. Box 3755 Seattle, Washington 98124-3755 RE: KENNYDALE LAKEFRONT SANITARY SEWER USACE REFERENCE NUMBER 2000-2-01573 PROJECT DESCRIPTION MODIFICATION Dear Mr. Smith: In your concurrence letter to the City of Renton dated September 2002, reference number 2000-2-01573, your office acknowledged the completion of the Kennydale Lakefront Sanitary Sewer Biological Evaluation dated March 2001 and revised January 2002. Pursuant to that concurrence, we are requesting your approval for the modification of the project description detailed in the Biological Evaluation (BE). The BE was prepared to facilitate informal consultation with the U.S. Fish and Wildlife Service (USFWS) who have jurisdiction over bald eagle and bull trout, and NOAA Fisheries who have jurisdiction over Puget Sound Evolutionary Significant Unit (ESU) chinook salmon. The concurrence letters received from the services included the following determinations of effect for species listed under the ESA: ■ "May affect," but "not likely to adversely affect," bald eagle. ■ "May affect," but "not likely to adversely affect," bull trout. ■ "May affect," but "not likely to adversely affect," Puget Sound chinook salmon. Request for Modification The BE describes the project as constructing four pre -cast concrete manholes at sag locations along an existing in -lake sanitary sewer pipeline extending from south of Coleman Point to the Lake Washington lift station north of Kennydale Beach Park (Figure 1). The modified project will consist of the construction of only three pre -cast concrete manholes at the following locations: Station 22+00, Station 23+30, and Station 40+00 (Figure 1). The manhole at Station 3+60 has been removed from the project description. ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 `7( 206 789 9656 1a,- 206 789 9684 ado`%son@adoilson (bm Kennydale Lakefront Sewer 2000-2-01573 Page 2 of 3 Other construction will occur as stated in the BE with one minor structural change. As described in the BE, maintenance and construction of the manholes will involve placing access shafts over the manholes to allow for periodic maintenance of the sewer line. During final design, it was determined that the buoyancy of the dewatered access shaft could cause the manhole and shaft to float and lift off the bottom of the lake, causing tension on the existing sanitary sewer pipe and potentially disrupting the lake bottom. In order to secure the manholes to the lakebed to prevent lifting of the manhole every time maintenance occurs, the manholes will be secured with four pin pilings, one each located at the corners of each of the three manholes (Figure 2). An alternative to the pin pilings would.be to increase the mass of the manholes. This option would require a significantly greater footprint at each manhole location, would require more disturbances to the lake bottom during construction, and would extent the manhole further from off of the lake bottom. The proposed pin pilings are small -diameter rod pilings that will be driven into the lake bottom through pile supports at each corner of the manhole (Figure 2). The pin piles will be installed by a pneumatic jackhammer. The piles will be driven from the same barge used to install the manholes as described in the BE. During installation, the tops of the pin piles will extend above the surface to minimize the need for in -water work. Once the pin piles reach the required bearing capacity, the piles will be cut off at the top of the manhole below the lake surface. All work will occur within the same time frame and construction limits as described in the BE. The installation of the pin piles will not extend the overall length of construction nor result in modifications to any work windows or conservation measures described in the BE. Endangered Species Act Consultation There are no regulations regarding reinitiating informal consultation. The purpose of the informal consultation process is to determine whether a formal consultation process or a conference is required. Reinitiation of a formal consultation process for a given project is required if the amount or extent of the taking specified in the incidental take statement is exceeded; if new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; if the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion; or if a new species is listed or critical habitat is designated that may be affected by the action (50 CFR 401.15(a-d)). The proposed new actions will not result in any additional effects to listed species or critical habitat. If it is determined by the lead federal agency and concurred with by the federal service that the proposed project is not likely to adversely affect listed species, then no further action is required (50 CFR 402.13(a)). Kennydale Lakefront Sewer 2000-2-01573 Page 3 of 3 Summary and Conclusion The construction of three manholes as opposed to the four originally permitted will reduce the amount of construction disturbance within the project area and will reduce the amount of lake bottom that will be disturbed. The installation of the four pin piles at each manhole is a structural modification to the manholes and will not significantly increase construction timing or increase the affected area of lake bottom. The pin piles will be installed using a pneumatic jackhammer operated from the same barge used for other construction. This installation will cause a short burst of noise from the jackhammer while the pilings are being installed. This noise could result in the temporary avoidance of listed species from the project area; however, construction -related avoidance was addressed as a potential effect in the BE. This modification is not anticipated to result in a longer duration of avoidance than previously identified. Overall, installation of the pin piles is anticipated to require not more than an hour at each of the three manhole locations. Therefore, the short-term increase in noise during installation of the pin piles is not anticipated to result in additional effects to listed species. Work will occur within the same in -water work window described in the BE to minimize impacts to bull trout and chinook salmon. The project area is located more than one mile beyond known bald eagle nest sites. The closest known bald eagle territories are located on Mercer Island northeast of the project area. No known nesting, roosting, or perching habitat occur within one mile of the project. Thus, the proposed project modifications would not change the determination of effect stated in the BE dated March 2001 and revised January 2002 for chinook salmon, bull trout, or bald eagle. We are requesting the U.S. Army Corps of Engineers concurrence with this conclusion. Please verify your agreement with this determination in writing before June 2003 in order to maintain the anticipated construction schedule for this project. If you have any questions, please call me at (206) 789-9658. Sincerely, OLFSON ASSOCIATES, INC. I Benn Burke Attachments: Figure 1: Pipeline Vicinity Map Figure 2: Revised Manhole Detail STA 11 +00 � 12+00 tr3TA COIEWN POINT . 11 ��. r ss HWO LDGITION `k11 _ 1 r . STA 22+00 STA 3+00• MNNTEW)OCE AOC£SS STA 23+00 NAIROVENENT SEE OMC CS _�MANNOLE LOCATION SEE DWC C3 LOCATION MANHOLE REMOVED FLUSH -i t PROPOSED STA 34+50 .are . 1 "°wr-w • } ! i ` s • STA 34+00 w SITE I MANHOLE �iAaETr AYCIIUE ►l9iG A3TypE __ - t "3 LOCATIONDWG C2 rl _ — ` i. , ' � E, 9 � R. ...,� � `' �. � � �'•r`, 46. 04 IK- ~ i �l ..�. y� �.' ��,y � _ 1 � "►r`' — � � �1 iQw� •� �'4 '' jay I �. HOLD C TYP 4 PIN Pll TYP 4 EQUAL MAN HO .40 AD0Lvsow PRECAST BUOY ANCHORAGE MANHOLE TOP PLAN LAKE BOTTOM BEYOND, EL GRAVEL BEDDING AND BACKFILL, TYP SECTION File name: 20109_MAN.ai Original graphic by: BCB No Scale Edits by: Date: 05/6/03 Source: Tt/KCM, 2003 PRECAST CONCRETE MANHOLE, FLEX COUPLING, TYP 8"DUCTILE [RON va, EXISTING 8" CAST IRON PIPE PARTIALLY EXPOSED ALONG LAKE BOTTOM — FIGURE 2. REVISED MANHOLE DETAIL KENNYDALE LAKELINE RENTON, WASHINGTON �Y PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT Renton City Hall 1055 South Grady Way, Renton, WA 98055 ♦ 0, UTILITY SYSTEMS DIVISION 425.430 7234 Fax: 425.430.7241 ❑ TRANSPORTATION SYSTEMS DIVISION 425.430-7321 Fax: 425-430.7376 To: �,��� _YV V F--rK ( DATE: /1 A r/ �- JOB No. RE: ` �A --Trr ' L_1a C/f /p / - /o Z-7 WE ARE SENDING YOU ❑ ATTACHED ❑ SHOP DRAWING ❑ PRINTS ❑ COPY OF LETTER ❑ MESSAGE: ❑ Under Separate Cover via the following items: ❑ REPRODUCABLE PLANS ❑ SPECIFICATIONS ❑ ORIGINALS These are transmitted as checked below: ❑ FOR SIGNATURE APPROVAL ❑ ❑ FOR YOUR USE ❑ ❑ AS REQUESTED ❑ ❑ FOR REVIEW AND COMMENT ❑ Copies to: APPROVED AS SUBMITTED APPROVED AS NOTED RETURNED FOR CORRECTIONS From: ❑ ❑ ❑ ❑ \jn.lt/ RESUBMIT COPIES FOR APPROVAL SUBMIT COPIES FOR DISTRIBUTION RETURN CORRECTED PRINTS PRINTS RETURNED AFTER LOAN TO US " / j 4 �41 �y A/ IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. PBPW5001 09/99 bh STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 November 14, 2002 Dave Christensen City of Renton, Utility Systems 1055 Grady Way South, 51" Floor Renton, WA 98055 Dear Mr. Christensen: RECEIVED NOV 1 8 2002 CITY OF RENTON UTILITY SYSTIEMS Re: U.S. Army Corps of Engineers Reference #2000-2-01573 Nationwide Permit # 12 to install four pre -cast manholes in an existing submerged sewer line in Lake Washington, Renton, 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 the state criteria for requiring a certification under Nationwide Permit 12. Please note this verification does not exempt, and is provisional upon compliance with other statutes and codes administered by federal, state and local agencies. Please call me at (425) 649-7145 if you have questions or would like more information. Sincerely, Alice Kelly Federal Permit Coordinator Shorelands and Environmental Assistance Program AK:ak cc: Jonathan Smith, Corps of Engineers David Wortman, Adolfson Assoc. `15 Transmittal Tetra Tech/KCM. Inc. It Date: October 19, 2000 To: Dave Christensen City of Renton �+/1 Utility Systems CCFIVFD 1055 Grady Way South, 5th Floor OCT Renton, WA 98055 2 0 2000 C.' Central Files (2-2) UST Y OFSRS ��ON From: Jeff Lykken Project No.: 2030051-004 Subject: Kennydale Lakefront Sewer Replacement Project For Your Information For Your Signature I `� I For Your Approval For Your Use We are sending you: `" Attachments Shop Drawings Specifications Prints Copy of letter Other ... No. of Copies Number Description 1 Draft JARPA Application Remarks: Dave: Attached for your review is a copy of the JARPA permit application. If you have any comments, please give me a call and we will incorporate them. If everything looks good, you can fill in Section C and then return the application to us. We are going to attach a cover letter to the application before transmitting it to the Corps. Once the Corps has the application we should have more success in meeting set up. _ , Signed: a pre -application Tetra Tech/KCM, Inc. • 1917 First Avenue • Seattle, WA 98101-1027 • Tel 206 443-5300 • Fax 206 443-5372 IF KNOWN: 122°, 12 m Northerly parcels are zoned Center Office Residential. 29.5 Is West/47°, 31 Adjacent single family homes are zoned Residential R8. m 24.3 s North Coulon Beach Park is zoned Residential Rl(P) (Public Use). TAX PARCEL NO: DNR STREAM TYPE, IF KNOWN N/A N/A 6. DESCRIBE THE CURRENT USE OF THE PROPERTY, AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY, INDICATE MONTH AND YEAR OF COMPLETION. The proposed project area is in Lake Washington, parallel to the shoreline with residential lakefront properties, Kennydale Beach Park and Bathhouse, and Gene Coulon Park. Burlington Northern Railroad tracks run behind the residential and recreational areas. No proposed activities have commenced. IS THE PROPERTY AGRICULTURAL LAND? ❑ YES ®NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑ YES ®NO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD 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. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The City is proposing to maintain a sewer line that serves 52 lakefront properties and runs in Lake Washington. This project would include installing four manholes and implementing cleaning program to jet the line. See attachment 7a for details. 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. Since its construction, the line has been difficult to maintain due to sags in the pipe profile and limited access. The pipeline was installed to generally follow the profile of the lake bottom. Material accumulates in sags along the line, causing line backups an potential overflows into Lake Washington at a clean -out located near the shore at Coleman Point. The current maintenance program is inadequate in preventing these backups, as only 3,500 feet of the 4,700-foot line is accessible via jetting at existing access points. 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. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The proposed project would impact fish habitat, water quality, boater safety, and noise levels. See attachment 7c for details. 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 B-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 8. WILL THE PROJECT BE CONSTRUCTED IN STAGES? ®YES ❑ NO There would be one construction phase and an ongoing cleaning program. PROPOSED STARTING DATE: The WDFW in -water work window (June 16 through the end of October) during 2001 or 2002. ESTIMATED DURATION OF ACTIVITY: Construction would take approximately 3 to 4 months. Each cleaning period would take 7 to 10 days (every 2 to 3 years). 9. CHECK IF ANY STRUCTURES WILL BE PLACED: ©WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS; AND/OR (sewer access manholes) ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10. WILL FILL MATERIAL (ROCK, FILL, BULKHEAD, OR OTHER MATERIAL) BE PLACED: Concrete for manholes. The volume occupied by each manhole will be approximately 3 cubic yards. ®WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) ❑ WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) 11. WILL MATERIAL BE PLACED IN WETLANDS? ❑ YES ®NO IF YES: A. IMPACTED AREA IN ACRES: B. HAS A DELINEATION BEEN COMPLETED? IF YES, PLEASE SUBMIT WITH APPLICATION. ❑ YES EI NO C. HAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMIT WITH APPLICATION. ❑ 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, & INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS. SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS): On shore, soils are Alderwood gravelly sand loam (AgC). 12. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ®NO IF YES, IMPACTED AREA IS ACRES. 13. WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? ®YES ❑NO IF YES: A. VOLUME: 20(CUBIC YARDS) /AREA (ACRES) (Approximately 5 cubic yards per manhole) B. COMPOSITION OF MATERIAL TO BE REMOVED: Lake bottom materials C. DISPOSAL SITE FOR EXCAVATED MATERIAL: An upland site to be determined by the construction contractor D. METHOD OF DREDGING: Barge -mounted backhoe 14. HAS THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BEEN COMPLETED? In progress ❑ YES ❑ NO SEPA LEAD AGENCY: City of Renton SEPA DECISION: DNS, MONS, EIS, ADOPTION, EXEMPTION DECISION DATE (END OF PERIOD): N/A 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. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. SEPA Review City of Renton In progress /A /A No SA Section 7 Consultation National Marine In progress /A /A No Fisheries Service/U.S. fish and Wildlife Svc. draulic Pro'ect Approval WDFW n 1progress /A No Shoreline Substantial Develo went City of Renton In progress /A /A No 16. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑ YES © NO IF YES, EXPLAIN: SECTION B - Use for Shoreline and Corps of Engineers permits one 17. TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT, INCLUDING MATERIALS, LABOR, MACHINE RENTALS, ETC. $375,000 for construction, $60,000 for each cleaning 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 SECTION C - This section MUST be comnleted for anv nermit covered by this annlication 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 CCURATE. I FURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS 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. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT DATE 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS 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. cY Y B In the�event that ar level :indicate the app 'View: �C 'If'the appllcation"ir , the,proposed' usie may ' " .. COMPLETEUBY LOCAL OFFICIAL d:extent and type of bulkheading, If any.) : 3F F the proposed bu(Idings or structures will exceed a height of thi ty five feet abgv Hate location of and number of residential units "existing and2-:DO Wntial =;that wlllj - x r ass r s - ,� fes a conditional`' -use or vanance, s�efkrth In full that portion ,of the master progr a condltlonal use wor ln''the case','of a'varlance .-ffom which the-vanance"Is being rr These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions �"average'grade ;- an obstructed �. , vhch provides that s� J r '1 TI N p 1 N 3 C O co cv7G o� co lZ �1 O� (0 I Mercer Island N .. �� Lake ��o m Washington VIC%PROJECT 0 SITE; 1• � a 'II N a Z I i N O M O N ® Tetra Tech/ City of Renton Attachment 7A KCM, Inc. KENNYDALE LAKEFRONT SEWER Figure 1. 1ashington venue 98101 REPLACEMENT PROJECT PROJECT VICINITY Seattle, Washington 98101 KCCM, Inc. City of Renton Figure 2. 1917Fbst Avenue KENNYDALE LAKEFRONT SEWER REPLACEMENT PROJECT Seattle, Washirgrfm 98101 INTERIM MAINTENANCE ALTERNATIVE 0 Lake Washington Removable Access Shaft Cn O N 8" Ductile Existing 8" Iron Stub Cast Iron Sewer Lake Bottom i New 48" Diameter Precast Manhole ® Tetra Tech/ City of Renton Attachment 7A KCM, Inc. KENNYDALE LAKEFRONT SEWER Figure 3. 1ashington 9 nue 101 REPLACEMENT PROJECT MAINTENANCE MANHOLE SECTION I Seattle, Washington 98101 ICI TETRA TECH/KCM, INC. 1917 First Avenue, Seattle, WA 98101-1027 (206) 443-5300 • FAX (206) 443-5372 November 22, 2000 RECEIVED Dave Christensen, P.E. NOV 2 % 2000 Utility Systems CITY OF RENTON City of Renton UTILITY SYSTEMS 1055 Grady Way South Renton, Washington 98055 Subject: Kennydale JARPA Application Dear Mr. Christensen: Enclosed are one complete JARPA application and five additional pages for your signature. The additional signature pages will be part of other JARPA applications sent to other agencies. Please sign and return the complete application and additional signature pages. Jeff told me you have not reviewed the attachments. Please review and if you have changes, let me know and I will incorporate them. Please call if you have any questions or comments, (206)443-2663. Sincerely, ,T-,-�a e�ch/IL\CM, Inc. Render Denson Environmental Services Manager ROI • Attachment(s) c: Jeff Lykken., P.E., Tetra TechIKCM Cent ra.1 File s #2030051-002 AGENCY USE ONLY Agency Reference #: Date Received: Circulated by: (local govt. or agency) JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK ❑ 1 am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. 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 d Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) E Local Government for shoreline: E Substantial Development ❑ Conditional Use ❑ Variance ❑ Exemption ❑ Revision ❑ Floodplain Management ❑ Critical Areas Ordinance E Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region) E Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits (to Regional office -Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification E Corps of Engineers for: E Section 404 E Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit E US Fish & Wildlife Service or National Marine Fisheries Service for Endangered Species Act (ESA) Consultation 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, Utility Systems, Contact: Dave Christensen MAILING ADDRESS 1055 Grady Way South, 5th Floor, Renton, Washington 98055 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 'I 425-430-7212 dchristen@ci.renton.wa.us N/A 425-430-7241 i If an agent is acting for the applicant during the permit process, complete NL. 2. AUTHORIZED AGENT Adolfson Associates, Incorporated, Contact: David Wortman MAILING ADDRESS 5309 Shilshole Avenue NW, Suite 200, Seattle, Washington 98107 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 206-789-9658 dwort;man@adolfson.com N/A 206-789-9684 3. RELATIONSHIP OF APPLICANT TO PROPERTY: ❑ OWNER ❑ PURCHASER ❑ LESSEE OO OTHER: The City possesses an easement across all lakefront properties into Lake Washington. 4. NAME, ADDRESS, AND PHONE NUMBER OF PROPERTY OWNER(S), IF OTHER THAN APPLICANT: N/A 5. LOCATION (STREET ADDRESS, INCLUDING CITY, COUNTY AND ZIP CODE, WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) The project is located in the City of Renton, King Country. The 4,700-foot sewer line runs parallel to and within approximately 40 feet of the; Lake Washington shoreline, from the lift station (3901 Lake Washington Boulevard) to the flush station (2727 Mountain View Avenue North). Additional clean -out access points are located at 301.3 Mountain View North, 3233 Mountain View North, 31.11 Mountain View North, and Kennydale Beach. LOCAL GOVERNMENT WITH JURISDICTION (CITY OR COUNTY) City of Renton WATERBODY TRIBUTARY OF WRIA # Lake Washington N/A WRIA 08 (Lake Washington) Y. SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION NW 5 2:3N 5E N/A Urban SW 3l 124N 15E LATITUDE 8 LONGITUDE ZONING DESIGNATION , IF KNOWN: 1.22°, 12 Northerly parcels are zoned Center Office Residential. in 29.5 s Adjacent single family homes are zoned Residential R8. West/47°, 31 in Coulon Beach Park is zoned Residential Rl.(P) (Public Use). 24.3 s North TAX PARCEL NO: DNR STREAM TYPE, IF KNOWN N/A N/A 6. DESCRIBE THE CURRENT USE OF THE PROPERTY, AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY, INDICATE MONTH AND YEAR OF COMPLETION. The proposed project area is in Lake Washington, parallel to the shoreline with residential lakefront properties, Kennydale Beach Park and Bathhouse, and Gene Coulon Park. Burlington Northern Railroad tracks run behind the residential and recreational areas. No proposed activities have commenced. IS THE PROPERTY AGRICULTURAL LAND? ❑ YES ONO ARE YOU A USDA PROGRAM PARTICIPANT? ❑ YES E INO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD 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. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The City is proposing to maintain a sewer line that serves 52 lakefront properties and runs in Lake Washington. This project would include installing four manholes and implementing cleaning program to jet the line. See attachment 7a for details. 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. Since its construction, the line has been difficult to maintain due to sags in the pipe profile and limited access. The pipeline was installed to generally follow the profile of the lake bottom. Material accumulates in sags along the line, causing line backups and potential overflows into Lake Washington at a clean -out located near the shore at Coleman Point. The current maintenance program is inadequate in preventing these backups, as only 3,500 feet of the 4,700-foot line is accessible via jetting at existing access points. 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. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The proposed project would impact fish habitat, water quality, boater safety, and noise levels. See attachment 7c for details. 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 MAY BE REQUIRED BY OTHER AGENCIES. 8. WILL THE PROJECT BE CONSTRUCTED IN STAGES? OYES O NO There would be one construction phase and an ongoing cleaning program. PROPOSED STARTING DATE: The WDl W in -water work window (June 16 through the end of October) during 2001 or 2002. ESTIMATED DURATION OF ACTIVITY: Construction would take approximately 3 to 4 months. Each cleaning period would take 7 to 10 days (every 2 to 3 years). 9. CHECK IF ANY STRUCTURES WILL BE PLACED: ❑p WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS, AND/OR (sewer access manholes) ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10. WILL FILL MATERIAL (ROCK, FILL, BULKHEAD, OR OTHER MATERIAL) BE PLACED: Concrete for manholes. The vol nine occupied by each Iran hole will be approximately 3 cubic yards. ®WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) ❑ WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) 1. WILL MATERIAL BE PLACED IN WET LANDS? IF YES: A. IMPACTED AREA IN ACRES. B. HAS A DELINEATION BEEN COMPLETED? IF YES, PLEASE SUBMIT WITH APPLICATION. C. HAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMIT WITH APPLICATION. D. TYPE AND COMPOSITION OF FILL MATERIAL (E.G., SAND, ETC,): E. MATERIAL SOURCE: ❑ YES ONO ❑ YES O NO ❑ YES ❑ NO F. LIST ALL SOIL SERIES (TYPE OF SOIL) LOCATED AT THE PROJECT SITE, & INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS. SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS): Onshore, soils are Alderwood gravelly sand loam (AgC). 1Z WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ONO IF YES, IMPACTED AREA IS ACRES. 11 WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? AYES ❑NO IF YES: A. VOLUME: 20(CUBIC YARDS)/AREA (ACRES) (ApproxiIriately 5 cubic yards per manhole) B. COMPOSITION OF MATERIAL TO BE REMOVED: Lake bottom materials SITE FOR EXCAVATED MATERIAL. An upland site to be determined by the construction contractor C. DISPOSAL D. METHOD OF DREDGING: Barge -mounted backboe 14. HAS THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BEEN COMPLETED? In progress ❑ YES ❑ NO SEPA LEAD AGENCY: City of Renton SEPA DECISION: DNS, MONS, EIS, ADOPTION, EXEMPTION DECISION DATE (END OF PERIOD): N/A 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 ALL EXISTING WORK ON REGULATORY COMMISSION LICENSE (FERC), FOREST PRACTICES APPLICATION, ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. SEPA Review City of Renton In progress N/A N/A No SA Section 7 Consultation National Marine In progress N/A N/A No Fisheries Service/U.S. Fish and Wildlife Svc. Hydraulic Protect Approval WDFW n ro ress N/A N/A No Shoreline Substantial Development City of Renton Iln progress N/A N/A No 16. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑ YES O NO IF YES, EXPLAIN: O---WK7 B - Else for Shoreline and Cocos of En Oineers perIDits Only: 17, TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT, INCLUDING MATERIALS, LABOR, MACHINE RENTALS, ETC. $375,000 for construction, $60,000 for each cleaning 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 C)v e- - Thic s tinn W1.ST he cmmnleted for any permit covered by this application 20. 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 CCURATE. I FURTHER CERTIFY T ESS T E AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLICAT T IGHT TO E TE HE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK I AGREE T ART WORK LY AFTER ALL E SSARY PERMITS HAVE BEEN RECEIVED. /11 SIG ATU OF APP C T OR AUTHO EDP ENT DATE 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type.of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that, any of the proposed buildings or structures will exceed a -height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions City of Renton, Kennydale Lakefront Sewer Project JARPA Application Attachments' 7a. The City of Renton is proposing facility and maintenance improvements to reduce overflows in an existing 8-inch, 4,700-foot sewer line that serves 52 Lakefront properties in two residential neighborhoods and the Kennydale Beach Bathhouse in Renton. Figure 1 shows the location of the project area. With the exception of the southern 300 feet of pipe, the sewer is buried along the Lake Washington shoreline within the City's easement. The sewer line, which was constructed in 1972, consists of an eight -inch cast iron pipe that connects a flush station at the south end of the sewer to a lift station at the north end (Figure 2). The line is exposed along the nearshore lake bottom over approximately 900 feet of its length. The City currently maintains the sewer by jetting accessible portions over approximately 3,500-foot length of the line. However, overflows into the lake still occur as sediment accumulates in sags along the line (see Question 7b below for details). Chapters 3 and 4 of the Kennydale Lakefront Sewer Predesign Report (attached) summarize a detailed alternatives analysis. Three final alternatives were identified for this project: (1) Constructing new flush and lift stations and installing a new, more level, sewer line 10 to 15 feet outside the residential docks; (2) Replacing the existing system with 34 grinder pump stations, pressure side sewers, and new force mains; and (3) Installing access manholes and implementing a cleaning program. The third alternative, an interim maintenance program described in Chapter 5 of the predesign report, is recommended due to costs and environmental issues. Question 7c compares environmental impacts from each alternative. This preferred cleaning alternative includes the installation of four additional access points at locations where sediment can be removed from the line. These access points would be manholes constructed at locations near existing sags in the pipe profile to facilitate sediment removal. These manholes would be constructed within the lake bottom and protrude approximately 36 inches from the lake bottom surface into the water column (Figure 3). The manholes would be constructed from barges in the lake. A cleaning program would then be implemented to help prevent overflows in the lake. The program would include jetting the pipe from the access locations using a vactor truck staged from a barge. The jetting equipment access is provided through a portable shaft that extends above the lake level and would be temporarily installed (Figure 3). The same shaft would be used for accessing the line through each of the other new manholes (See Chapter 5 of the Kennydale Lakefront Sewer Predesign Report). 7e. Lake Washington is inhabited by several fish species. As part of a Biological Assessment, a snorkel survey was performed by Adolfson Associates in April and May 2000. Species observed included coho salmon (0ncorh.57nehus kisuteh), three - spine stickleback (Gasterosteus aculeatus), smallmouth bass (Micropteras dololnieuu), and largemouth bass (M.. salmonides). In addition, part of the project location encompasses a beach spawning area for sockeye salmon (O. nelka). Construction of the proposed access manholes would impact these fish species by disturbing habitat in the vicinity. In addition, the manholes would provide an area for aquatic predators to hide and feed on smaller fish including juvenile salmon. Water quality would be temporarily impacted in the project area by the excavation of approximately 20 cubic yards of nearshore sediments for constructing four manholes. This impact would be localized by the use of in -water silt screens at each manhole site. However, long-term water quality would be improved, as sewer overflows would be significantly reduced. The new access structures could potentially pose a safety impact to boaters in the area. Noise impacts to nearby residents and to people using the area for recreation would occur during construction and cleaning activities. Replacing the sewer line and constructing new flush and lift stations (Alternative 1) would have larger impacts on fish habitat and water quality. Because construction activities would be more extensive with this alternative than with the preferred alternative (i.e. more excavation and fill required over a longer construction phase), biological and water quality impacts would be more substantial. Likewise, noise and recreational impacts would be greater, since construction would be longer in duration. Constructing 34 grinder pump stations on the beach front (Alternative 2) would impact fish habitat and water quality less than the other two alternatives, since all construction activities would occur on land. The potential would still exist for sewage spills, because the pump stations would be installed near the shoreline and malfunctions can occur. This alternative would cause extensive noise impacts to existing residences. In addition, odor from the facilities may occur. Tetra Tech/ City of Renton Attachment 7A KCM, Inc. KENNYDALE LAKEFRONT SEWER Figure 1. 1917FirstAvenue REPLACEMENT PROJECT PROJECT VICINITY Seattle. Washington 98101 ,.no. ,,.a 00) or LEGEND N Lake. Washington 15-00 1001 0 10Y M 400' Install Maintenance Manholes in Four Locations Existing 8" Sewer Line Existing Side Sewer Existing Cleanouts Approximate Inner Harbor Line Ll Proposed Maintenance Manhole 3so S. iinnydall Pack BiNch, oan, ahRq aWO LIFT M." S wr" ta47O- N iS. 351 T-1 ALTERNATIVE ADVANTAGES: DISADVANTAGES: I DESCRIPTION Four new manholes are installed in the $479,900 Maintenance access can be made I &Jine with barge' -mounted equ ipment req6iire's the work to be rather than:aci6ss �,Y existing lakeline to provide access for from the lake ra maintenance. Three of the manholes le re residential properties. 0 -;Divers are required to instill temporary shafts at manholes each installed at existing sag locationsand the Installing manholes at sag locations fourth is south of Coleman Point would facilitate removal of F$69,000 "'.—Pipeline sag at Station 3+60 is not aci5iiiissibW for, sediment removal. NOTE: Maintenance of the line would be per clieia�ning- accumulated sediment from the line.,,, removal wil lbadifficult if"existiinglak'61'ine and side sewers leak 1. Homes and docks on map based performed from the water by an outside contractor with barge -mounted equipment. ,Se,dimdnt fi * , - . signi can y. on 1984 survey by Horton Dennis Associates. I expensive. ~Cleaning ryic!s will be ------------------- /Al(aL;n1Tlke11L I M Tetr. Tech/ City of Renton Figure 2. c c KCM, t o 19 17 First A�vef;'l KENNYDALE LAKEFRONT SEWER REPLACEMENT PROJECT INTERIM MAINTENANCE ALTERNATIVE [Seattle, �Washinglo,, 98101 Q Lake Washington Removable 'Access Shaft M < i 8" Ductile Existing 8" ' Iron Stub Cast Iron Sewer • Lake r Sr��acf'� Bottom te�3� , i ^ ;ate 7777 Precast'Manhole n v 0 L O N O M N O Tetra Tech KCM, Inc.. 1917 First Avenue Seattle. Washington 98101 City of Renton KENNYDALE LAKEFRONT SEWER REPLACEMENT PROJECT -------------- Attachment 7A Figure 3. MAINTENANCE MANHOLE SECTION (ZPrTTnN, r — Thic sactinn MUST he completed for anv Dermit covered by this application 20. APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN T P/PLICATION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE. COMPLETE, AND CCURATE. I F ER E Y THFVT POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLI ION IS M , THE RIG O ENTER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED. IN -PROGRESS OR COMPLETED WORK. I AGREY 0 START W K ONLY A�T ji ALL NECESSARY PERMITS HAVE BEEN RECEIVED. GN RE OF A LICANT OHORIZED AGENT DATE I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT($). 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions c nnm Tnnr n _ This section MUST be cnmn7eted for anv permit covered by this application 20. 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 CCURATE. I F CERTIFY T T I PO SS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLI ION ISM DE, RIGH T F�fGTER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK. I AGRE O START WO NLY AFT l NECESSARY PERMITS HAVE BEEN RECEIVED. GNAT OF AP ICANT OR H `ZED AGENT DATE 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United Stales 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions SECTION C - This section MUST be completed for any permit covered by this application 20. 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 LICATION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE, COMPLETE, AND CCURA�IHCERTI H I P SSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES, I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPAD , HE RI HT 0 ENTER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK. 1 AGRE ONLY AF E ALL NECESSARY PERMITS HAVE BEEN RECEIVED. GN URE OF ICANT O U RIZED. AGENT DATE 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United Stales 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions SECTION C - This section MUST be completed for any permit covered by this application 20. 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 A ION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE, COMPLETE, AND CCURATE. I FU ER C TIF AT I P SS, S THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLIC ION IS MADE, E RIGHT TER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED. IN -PROGRESS OR COMPLETED WORK. I AGREE STAR WORK LY AFTER ALL CESSARY PERMITS HAVE BEEN RECEIVED. SIG ATU OF APPL NIT OR ALI ORI D AGENT DATE v K I HERE13Y DESIGN 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS 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 S10,000 or imprisoned not more than S years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions SECTION C — This section MUST be completed for any permit covered by this application 20. APPLICATION IS HEREBY MADE FOR A PERMIT O RMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAIN N THIS APP 10 D HAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE, COMPLETE, AND CCURATE. I FU R CE TIFY TH I POSSE T E AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES I HEREBY GRANT TO THE AGENCIES TO WHICH THIS APPLIC N IS MADE, THE GHT TOTFN HE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK. I AGREE T TART WORK N AFTE�R�ALVN C SARY PERMITS HAVE BEEN RECEIVED. SIG TUR OF APPLI OR AUTH �ZE ENT DATE / �) I HE BY 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike', material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions SECTION C - This section MUST be completed for any permit covered by this application 10. 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 CCURATE. I F RT+tERCERTIFY I P S S THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPL ION IS MAq ,-FIE RIGHT TO INTER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK, I AGRE O START WO ONLY AFTEg A NECESSARY PERMITS HAVE BEEN RECEIVED. IGNATURE OF AP CANT OR AU OR ED AGENT DATE 41 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) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS 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. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions RECEIVED King County JAN 3 Wastewater Treatment Division Department of Natural Resources CITY OF RENTON King Street Center PUBLIC WORKS ADMIN 201 South Jackson Street, Suite 500 Seattle, WA 98104-3855 (206) 684-1280 (206) 684-1741 FAX January 29, 2002 Gregg Zimmerman, Administrator Department of Planning/Building/Public Works City of Renton 1055 South Grady Way Renton, WA 98055 RE: Kennydale Lakefront Sewer Improvements (LUA-O 1-161. SM. ECF) Dear Mr. Zimmerman: The King County Wastewater Treatment Division has reviewed the Mitigated Determination of Non -Significance, dated January 21, 2002, for the Kennydale Lakefront Sewer Improvements project. The Description of Proposal states that the City of Renton is proposing improvements to an existing 8-inch-diameter, 4,700-foot-long sanitary sewer line located approximately 40 feet offshore in Lake Washington. We would like to remind the City of Renton that local agencies are required to submit sewer extension plans and modifications to King County for review and approval. If you have not already done so, please submit drawings to: Eric Davison, CIP Civil/Architectural Section King County Wastewater Treatment Division 201 South Jackson Street, KSC-NR-0508 Seattle, WA 98104-3855 Thank you for the opportunity to review and comment on this proposal. If you have questions, please call Eric at (206) 684-1707. Sincerely, Barbara Questad Environmental Planner cc: Eric Davison, DCAM Program, Civil/Architectural Section ,� ..k. CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator May 29, 2001 Jonathan Smith U.S. Army Corps of Engineers Seattle District Regulatory Branch 4735 East Marginal Way Seattle, WA 98124-2255 Subject: City of Renton Kennydale Lakefront Sewer Project Corps of Engineers Reference Number 2000-2-01573 Dear Mr. Smith: The City of Renton submitted a JARPA form for the Kennydale Lakefront Sewer Project (Reference 2000-2-01573) in December, 2000. The proposed project is to repair a hole in the existing 8-inch diameter lakefront sanitary sewer pipeline located in Lake Washington and to construct four manholes to provide access to maintain the existing sewer line. Upon your request, a Biological Evaluation was prepared for the proposed action and submitted in March, 2001. We understand that the Endangered Species Act requirements have placed an additional burden on the Corps of Engineers related to the timeline for processing permit applications; however, we would ask that the Corps of Engineers initiate the Endangered Species Act Section 7 consultation as soon as possible. We are concerned that by not initiating the Section 7 process shortly, we may be precluded from constructing the needed repairs and installing the maintenance facilities in 2002. We believe that it is essential to get the project implemented as early as possible. Currently, the City is only able to maintain a portion of the line. Since the City cannot maintain the entire line, there is an increased chance of blockage and overflows to the lake if the project is delayed. We believe the project will result in an overall benefit to Chinook salmon because the project will repair an existing hole in the in -lake sewer line and will allow for more comprehensive maintenance that will reduce the potential occurrence of overflows of untreated sewage to Lake Washington. However, the Biological Evaluation prepared for this project recommends a "may affect, likely to adversely affect" determination related to project impacts on Chinook salmon due to the type and location of the project in proximity to habitats that may be utilized by this species. Because this project is anticipated to require formal consultation, we would like to get the Biological Evaluation into the National Marine Fisheries Service and US Fish and Wildlife Service as soon as possible to give them time to consider the project and prepare their Biological Opinion. In addition to the Services, there are several other agency coordination issues related to this project that are particularly time sensitive. We are currently anticipating a conservative work window from the Washington Department of Fish and Wildlife related to the Hydraulic Project Approval Process. In addition, the repair of the pipe and installation of the maintenance manholes will have to be closely 1055 South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material, 20 % post consumer Jonathan Smith U.S. Anny Corps of Engineers May 29, 2001 Page 2 coordinated with the City of Renton Parks Department. The project is located adjacent to both Kennydale Beach Park and Gene Coulon Park, which are heavily used in the summer, the typical in - water work period for Lake Washington. Therefore, it is anticipated that repairs and installation of the maintenance manholes will be required to be completed within a narrow window of opportunity. We believe it is imperative to have feedback from the Services before finalizing the construction schedule with these other agencies. Please let me know if we can be of any assistance regarding your review. If you have any questions related to the construction of the project, please feel free to call Jeff Lykken at Tetra Tech/KCM at (206) 443-3591 or me at (425) 430-7212. For questions regarding the assessment related to the Biological Evaluation,_plelse contact Dave Wortman at Adolfson Associates, Inc. at (206) 789-9658. ly, Ji' / Wastewater Utility Supervisor cc: Jeff Lykken, Tetra Tech/KCM Ben Burke, Adolfson Associates, Inc. r tl: DI v/u'rl L/DOCS/2001-31 I /DMC:I f F FTATf, � 9 - z ri Oy` yy'f IHM'i � STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 February 28, 2002 RECEIVED Dave Christensen MAR - 4 2002 City of Renton, Utilities Systems CITY 1055 South Grady Way 0-rI ITwSRs E ON Ms Renton WA 98055 Dear Mr. Christensen: Re: City of Renton Permit # LUA-0I-161, ECF, SM CITY OF RENTON UTILITIES SYSTEMS - Applicant Shoreline Substantial Development Permit # 2002-NW-40010 The subject Shoreline Management Substantial Development Permit, to make improvements to an existing 8-inch diamenter, 4,400 foot long sanitary sewer line located in Lake Washington approximately 40 feet offshore from the north end of Gene Coulon Park to North 40`h Street, including installing 4 pre -cast concrete manholes at sagging locations within shoreline jurisdiction of Lake Washington, has been filed with this office by the City of Renton on February 15, 2002. The development authorized by the subject permit may NOT begin until the end of the 21-day appeal period, March 8, 2002. The Shorelines Hearings Board will notify you by letter if this permit is appealed. Other federal, state, and local permits may be required in addition to the subject permit. If this permit is NOT appealed, this letter constitutes the Department of Ecology's final notification of action on this permit. Sincerely, Marcia Geidel Shorelands and Environmental Assistance Program MG:mg SDP.DOC cc: Lesley Nishihira, City of Renton