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SWP272710(6)
2-7 A2003 Western Avenue R F C E I V ED WARRENT0& V4 555 Market Place One /00 're 1: N Seattle, Washington 98 -7) ) INCORPORATED 121 FaA Transportation Systems Div. April 23, 1998 Department of Ecology APR 27 ,11998 PO Box 47600 CITY OF RENTON Olympia, WA 98504-7600 Engineering Dept, Attn: Tom Luster RE: Water Quality Certification #97-4-01329 City of Renton, Oakesdale Avenue extension Dear Tom: My apologies for taking so long to respond to your letter of March 17, 1998 regarding the City's request to modify condition 3a of the certification order. A combination of workload and vacation has caused the delay. To respond to the three questions you asked in your letter: 1. Size of storm treated. North system - wet vault. This system is sized to treat the two year post development flows. This enlarged sizing will provide a higher level of treatment for all storm events up to a two year storm. South system - wet ponds, constructed wetlands. The two south systems provide containment of the two year storm in the wet ponds and distribution channels. Storms larger than two year will discharge by sheet flow through the constructed wetlands to the mitigation wetlands and finally to the existing 20 acre wetlands before any water could reach Springbrook Creek. Except at the 100 year storm, we do not expect any water to reach the creek as the wetland areas will provide significant infiltration, uptake and storage. The 100 year storm from the roadway would result in a gross increase in water depth over the City-owned property between the project and the creek of less than 0.05 feet, not counting infiltration. This plan is designed to provide the hydrology to maintain the several wetland areas and to remove the maximum practical amount of the likely pollutants from the street surface. Except for the two small currently untreated pipes, we are intercepting for treatment, no stormwater from off right-of-way will enter the Oakesdale system. 2. Wet Vault. As stated earlier, the wet vault serving the small portion of Oakesdale north of Springbrook Creek has been oversized to increase the degree of treatment. Since the larger 16th Street outfall is provided with a wet vault system, and since the point of discharge is considered by the City's stormwater utility as a forebay for the Black River pump station, it was acceptable to the City to use a wet vault. Since this work is in a fully-developed area with only space in the right-of-way,the use of an under- the-street wet vault was considered appropriate as no other practical BMPs were available. 3. Maintenance. The City of Renton has a fully functioning stormwater utility with all equipment and personnel needed to maintain the Oakesdale stormwater system. The City's standard frequency and methods of maintenance will apply to this project as to the many other similar features throughout the City. Street sweeping will be frequent as this is a high-profile street serving the Boeing World Headquarters building. Both the wetlands and the water quality ponds are provided with maintenance access features to facilitate efficient cleaning and maintenance. Maintenance and monitoring of the wetlands are required and spelled out under the terms of the 404 permit. I hope this letter explains the rationale behind the design of the Oakesdale stormwater system. Our intent was to over-compensate at the south end of the project to offset any question about the small area served by the wet vault at the north end. Please let me know if you require any additional information. Yours truly, KATVE. a , INC R' cc: City of Renton KATO&WARR EN I NCo R POR\I11) 1-IVC 'Sw? �,1�� '• i 4�0 DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS `, P.O. BOX 3755 ' SEATTLE, WASHINGTON 98124 , G55 REPLY TO ATTENTION OF Regulatory Branch - V APR 2 3 1998 APR 2 7 'j998 CITY OF RcNTO1 Engineering Dept, Scott Woodbury, P.E . City of Renton, Surface Water Utility 200 Mill Avenue South Renton, Washington 98055 Reference : 97-4-02243 Renton, City of Dear Mr. Woodbury: Your December 17, 1997, Department of the Army permit application requested authorization for several construction activities associated with the Southwest 23rd Street channel which is a tributary of Springbrook Creek in the city of Renton, Washington. The construction activities include replacing 18-inch culverts with a pre-cast concrete box culvert ; removal of a beaver dam and other debris; removal of accumulated vegetation along the channel ; replacing a non-functioning 30-inch culvert with a new culvert ; and removal of sediment from twin culverts under Lind Avenue to maintain drainage . We have reviewed all of the proposed activities . The removal of the beaver dam, loose debris, and the accumulated vegetation which is to be cut just above the ground surface does not require authorization by the Corps of Engineers . In the event that these materials are dredged or removed in some manner that would result in a discharge of soil, Department of the Army authorization would be required under Section 404 of the Clean Water Act . As described in your permit application, the remaining work constitutes routine maintenance or replacement of existing structures . Nationwide Permit 3 (33 CFR Part 330, Appendix A, paragraph B (3) ) , authorizes the repair, rehabilitation, or replacement of existing structures . Enclosed is the full text of Nationwide Permit 3 and the conditions that apply to it . Your work is authorized by Nationwide Permit 3 provided you comply with the terms of the nationwide permit and the conditions . Read them carefully. You must comply with all of the conditions and requirements . -2- If your work meets all of the above criteria for authorization by Nationwide Permit 3 , then you need no further permission from us . You must still comply with other State and local requirements which pertain to the work. This verification will be valid for a period of 2 years from the date of this letter or until the nationwide permit is modified, reissued, or revoked. If you have any questions, please contact me at telephone (206) 764-6906 . Sincerely, James D. Green, Project Manager Application Review Section Enclosures , NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/22 FEBRUARY 1997 r 3. MAINTENANCE. The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area including those due to changes in materials, construction techniques, or current construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are permitted, provided the environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. This NWP authorizes the repair, rehabilitation, or replacement of those structures destroyed by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other similar delays. Maintenance dredging and beach restoration are not authorized by this NWP. (Sections 10 and 404) Notification Requirement -- None. Regional Conditions -- None. EPA and Puyallup Tribe 401 Certification -- Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. State 401 Certification -- Partially denied without prejudice. An individual certification is required for projects authorized under this NWP involving the extension, replacement, repair, or increase in capacity of a domestic wastewater outfall in marine waters that do not meet the conditions of Inter-Agency Permit Streamlining Document: Shellfish and Domestic Wastewater Discharge Outfall Projects (October 10, 1995) issued by the Washington Departments of Ecology, Fish and Wildlife, Health, and Natural Resources. CZM Consistency Response -- Partially denied without prejudice subject to the 401 Certification conditions. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. EXCERPT FROM CORPS OF ENGINEERS' SPECIAL PUBLIC NOTICE ' DATED MARCH 5 , 1997 NATIONAL CONDITIONS FOR NATIONWIDE PERMITS The following general conditions must be followed in order for any authorization by a NWP to be valid. GENERAL CONDITIONS : 1 . Navigation. No activity may cause more than a minimal adverse effect on navigation. i 2 . Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. a 3 . Erosion and Siltation Controls . Appropriate erosion and siltation 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. 4 . Acquatic Life Movements . No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity' s primary purpose is to impound water. } 5 . Ecruipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance . 6 . Recrional and Case-By-Case Conditions . The activity must comply with any regional conditions which may have been added by the Division Engineer (see 33 CFR 330 . 4 (e) ) and with any case ' specific conditions added by the Corps (Seattle District] or by f the state or tribe in its Section 401 water quality certification. 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 effect 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 . Wate,r Quality Certification. In certain states, an individual Section 401 water quality certification must be obtained or waived (see 33 CFR 330 . 4 (c) ) . 10 . Coastal Zone Management . In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330 . 4 (d) ) . 11 . Endangered Species . (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species . Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act . In the absence of separate authorization (e .g. , a Federal Endangered Species Act Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc . ) from the U.S . Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act . Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U. S . Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http : //www. fws .gov/-r9endspp/endspp.html and http : //kingfish. ssp .mnfs .gov/tmcintyr/prot_res . html#ES and Recovery, respectively. [NOTE: See Regional General Conditions 6 and 7 for details on regional conditions for threatened and endangered species . ] 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 DE District Engineer] has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must 2 nottify, 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 shalll 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) ) . 13 . Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a Pre-Construction Notification (PCN) as early as possible and shall not begin the activity: (1) Until notified 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 by the District or Division Engineer that an individual permit is required; or, s (3) Unless 30 days (or 45 days for NWP 26 only) have passed from the District Engineer' s receipt of the ! notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee' s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set 1 forth in 33 CFR 330 . 5 (d) (2) . (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address, and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project' s purpose; direct and indirect adverse environmental effects the project would cause; any other NWP (s) , regional general permit (s) or individual permit (s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 14, 18 , 21, 26, 29, 34, and 38 , the PCN must also include a delineation of affected special aquatic sites, including wetlands (see paragraph 13 . (f) ) ; 3 1 (5) For NWP 21, Surface Coal Mining Activities,- the PCN must include an OSM [Department of the Interior, Office of Surface Mining] or State approved mitigation plan. ( )also include For NWP 29, Single-Family Housing, the PCN must (i) Any past use of this NWP by the individual permittee and/or the permittee' s spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands . For the purpose of this NWP, parcels of land measuring 0 . 5 '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 0 . 5 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps . (See paragraph 13 . (f) ) ; (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee' s spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (7) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a Pre-Construction Notification (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 so as to identify the approved channel depths and configurations and existing facilities . Minor deviations are authorized, provided that the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and site . (iii) The location of the dredged material disposal 4 (8) 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 . (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1) - (7) (sic; (8) also) of General Condition 13 . A letter may also be used. [NOTE: The Seattle District Corps also accepts the completed Joint Aquatic Resource Permit Application (DARPA) form as notification. (d) District Engineer' s Decision : In reviewing the t pre-construction notification for the proposed activity, the District Engineer will determine whether the activity authorized E 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, optionally, submit a proposed mitigation plan with the pre-construction notification to expedite the process and the District Engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal . If the f District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects are E minimal, the District Engineer will notify the permittee and include any conditions the DE deems necessary. Any mitigation proposal must be approved by the District Engineer prior to commencing work. If- the prospective permittee elects to submit a mitigation plan, the District Engineer will expeditiously review the proposed mitigation plan, but will not commence a second 30-day (or 45-day for NWP 26) notification crocedure . If the net adverse effects of the project (with the Mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant stating that the project can proceed j under the terms and conditions of the nationwide permit . s If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: s (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; 5 (2) That the project is authorized under the NWP subject to the applicant' s submitting a mitigation proposal that would reduce the adverse effects to the minimal level; or (3) That the project is authorized under the NWP with specific, modifications or conditions . (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 . (i) For NWP 14, 21, 26 (between 1 and 3 acres of impact) , 29, 33 , 37, and 38 , the District Engineer will, upon receipt of a notification, provide immediately, e .g. , facsimile transmission, overnight mail or other expeditious manner, a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) , and, if appropriate, the National Marine Fisheries Service . With the exception of NWP 37, these agencies will then have 5 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 10 calendar days (16 calendar days for { NWP 26 PCNs) before making a decision on the notification. The 1 District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. [NOTE: The Corps Seattle District requests one copy. ] 1 (ii) Optional Agency Coordination. For NWPs 5, 7, 12, 13 , 17, 18, 27, 31, and 34, where a Regional Administrator of EPA, a Regional Director of USFWS, or a Regional Director of NMFS has formally requested general notification from the District Engineer for the activities covered by any of these NWPs, the Corps will provide the requesting agency with notification on the particular NWPs . However, where the agencies have a record of not generally submitting substantive comments on activities covered by any of these NWPs, the Corps district may discontinue providing notification to those regional agency offices . The District Engineer will coordinate with the resources agencies to identify which activities involving a PCN that the agencies will provide substantive comments to the Corps . The District Engineer may also request comments from the agencies on a case by case basis when the District Engineer determines that such comments 6 woald assist the Corps in reaching a decision whether effects are more than minimal either individually or cumulatively. (iii) Optional Agency Coordination, 401 Denial . For NWP 26 only, where the state has denied its 401 water quality certification for activities with less than 1 acre of wetland impact, the EPA regional administrator may request agency coordination of PCNs between 1/3 and 1 acre . The request may only include acreage limitations within the 1/3 to 1 acre range for which the state has denied water quality certification. In cases where the EPA has requested coordination of projects as described here, the Corps will forward the PCN to EPA only. The PCN will then be forwarded to the Fish and Wildlife Service and the National Marine Fisheries Service by EPA under agreements among those agencies . Any agency receiving the PCN will be bound by the EPA timeframes for providing comments to the Corps . (f) Wetlands Delineations : Wetland delineations must be prepared in accordance with the current method required .by the Corps . For NWP 29 see paragraph (b) (6) (iii) for parcels less than 0 . 5 acres 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 30-day period (45 days for NWP 26) will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate . (g) Mitigation: Factors that the District Engineer will consider when determining the acceptability of appropriate and , practicable mitigation include, but are not limited to : 4 (i) To be practicable, the mitigation must be j available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes; i (ii) To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds, "in lieu fees" to organizations such as The Nature Conservancy, state or county natural resource management agencies, where such fees contribute to the restoration, creation, replacement, enhancement, or preservation of wetlands . Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to : o Reducing the size of the project; o Establishing wetland or upland buffer zones to protect aquatic resource values; and 7 o Replacing the loss of aquatic resource values by creating, restoring, and enhancing similar functions .and values . In addition, mitigation must address wetland impacts, such as functions and values; and cannot be simply used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g. , for NWP 26, 5 acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1 acre loss; however, 2 created acres can be used to reduce the impacts of a 3-acre loss) . 14 . Compliance Certification. Every permittee who has received a Nationwide permit 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; C. The signature of the permittee certifying the completion of the work and mitigation. 15 . Multiple Use of Nationwide Permits . In any case where any NWP number 12 through 40 is combined with any other NWP number 12 through 40, as part of a single and complete project, the permittee must notify the District Engineer in accordance with paragraphs a, b, and c on the "Notification" General Condition number 13 . Any NWP number 1 through 11 may be combined with any other NWP without notification to the Corps, unless notification is 'otherwise required by the terms of the NWPs . As provided at 33 CFR 330 . 6 (c) two or more different NWPs can be combined to authorize a single and complete project . However, the same NWP cannot be used more than once for a single and complete project . NATIONAL CONDITIONS FOR NATIONWIDE PERMITS SECTION 404 ONLY CONDITIONS : In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or 8 fill material into waters of the U.S . , and must be followed in order for• authorization by the NWPs to be valid: 1 . Water �Supply Intakes . No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2 . Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4 . 3 . Suitable Material . No discharge of dredged or fill material may consist of unsuitable material (e.g. , trash, debris, car bodies, asphalt, etc . , ) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act) . 4 . Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i .e . , on-site) , unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures . 5 . Spawning Areas . Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable . 6 . Obstruction of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill ; is to impound waters) . 7 . Adverse Effects from Impoundments . If the discharge creates an impoundment of water, adverse effects on the aquatic s system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable . 8 . Waterfowl Breeding Areas . Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable . 9 . Removal of Temporary Fills . Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 9 REGIONAL GENERAL CONDITIONS FOR NATIONWIDE PERMITS These conditions must be met for all projects authorized under NWPs in the State. I . Mitigation or Restoration Any activity or work authorized under these NWPs shall not adversely impact previously required Federal or State mitigation or restoration efforts . 2 . Bog Systems . The use of NWPs is specifically prohibited in bog systems (as defined in the appendix of this public notice) , except for projects provided coverage under NWP 34 -- Cranberry Production Activities . 3 . RevecTetation. Upon completion of the work in a wetland area, the site shall be replanted with native wetland vegetation during the next appropriate planting season. The applicant shall take appropriate measures to ensure revegetation success, as defined below. The removal or destruction of existing shoreline (marine) or riparian (freshwater) vegetation shall be held to the absolute minimum needed for construction. Immediately following construction, shorelines or riparian zones affected by I construction shall be replanted with native vegetation. The applicant shall take appropriate measures to ensure the success of the revegetation effort. � I Success is defined as 80 percent of the planted area being j covered with native species 5 years after construction is I completed. If the percent of cover of native species does not equal or exceed 80 percent at the end of this 5-year period, remedial measures (e .g. , replanting, soil amendments, additional monitoring, etc. ) may be required until success is achieved. Measures such as hydroseeding with annual or non-invasive grasses I or groundcovers may be used for temporary erosion control . 4 . National Wild and Scenic Rivers and- Study Areas . The State and the EPA have denied 401 Certification for all proposed projects in National Wild and Scenic River and Study areas . An individual 401 Certification must be obtained for all projects in these areas, which currently include reaches of the following: the Klickitat, Skagit, Sauk, Suiattle, and White Salmon Rivers, and the Hanford Reach of the Columbia River. 10 5 , Commencement Bay. An individual permit is required for activities in the Commencement Bay Study Area (CBSA) previously authorized by the following NWPs : NWP 13 -- ,Bank Stabilization. NWP 14 -- Road Crossing. NWP 23 -- Approved categorical exclusions . NWP 26 -- Headwaters and Isolated Waters Discharges . All other NWPs are still applicable within the CBSA. 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 East . 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 . 6 . Prohibited Work Times for Fish Protection. For compliance with National General Condition 11, in-water construction activities are prohibited to protect three species of salmon listed as threatened and endangered under the Endangered Species Act as follows : Columbia River Mouth to Bonneville Dam March 1 - October 30 Bonneville Dam to John Day Dam March 15 - November 15 Upstream of John Day Dam April 1 - November 30 Snake River Mouth to Hells Canyon Dam ( ID) March 1 - December 15 Exceptions to these prohibited work times can be made by request to the Corps and approved by the NMFS. Until specific timing restrictions are developed to protect salmonids and other fish species of concern in other river systems, please refer to the timing restrictions in the HPA for the project . Work outside the HPA timing restrictions must specifically be approved by the WDFW and the NMFS for waters with anadromous species or the WDFW and the USFWS for waters with resident species of fish. 11 1 7 . 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 : Bald eagle nesting occurs between January 1 and August 15 each year. Bald eagles are found at 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 (US FWS) . Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentraticn_ occurs near your proposed project : West of Cascades, Olympia Office - (360) 753 -9440 East of Cascades, Moses Lake - (509) 765-6125, or Spokane - (509) 891-6839 Mainstem of the Columbia River downstream from McNary Dam - (503) 231-6179 C:NWPSPN97 . ERT 12 CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 97-4-02243 Name of Permittee : RENTON, CITY OF Date of Issuance : APR L 3 1998 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 2--7- z 701 JOHN E. NELSON 1"eA ATTORNEY AT LAW 601 WEST GOWE KENT, WASHINGTON 98032-5745 (253)854-7200 • Fax(253)854-8960 April 23, 1998 Scott Woodbury Planning/Building/Public Works Dept. City of Renton 200 Mill Avenue South Renton, WA 98055 Advance Copy via fax: (425) 235-2541 Re: Springbrook Entry Permission Drainage District No. 1 Dear Scott: Previously, by your letter of March 2, 1998, you requested permission from Drainage District No. One for the City of Renton, and its agents, to enter upon District property along Springbrook to conduct field surveys and wetland delineation work. The area involved was the 40-foot right-of-way along Springbrook from 400 feet south of SW 16th Street to 100 feet south of SW 27th Street. I advised you on the phone that the District had granted that permission, and this letter shall act as written verification that at the Commissioners' meeting on March 5, 1998, they granted the requested permission pursuant to your letter request. If you should have any questions, please feel free to contact me. In the meantime, thank you for your kind attention. You very truly, Ja son JEN:ab Cc: L. Capellaro, DD#1 Field Supervisor Z 7 - zlio JOHN E. NELSON ATTORNEY AT LAW 601 WEST GOWE KENT,WASHINGTON 98032-5745 (253)854-7200 • Fax(253)854-8960 April 23, 1998 Scott Woodbury Planning/Building/Public Works Dept. City of Renton 200 Mill Avenue South Renton, WA 98055 Advance Copy via fax: (425) 235-2541 Re: Oakesdale Extension Project Drainage District No. 1 —Contribution Dear Scott: Previously, the City of Renton presented information to the District regarding the above-referenced project. A important portion of the project involves the widening and improvement of the Springbrook Creek channel from SW 16t' Street south to the new Oakesdale Bridge. Renton requested that the District participate in the channel improvement portion of the project by contributing to the cost and presented data supporting the request. After due consideration, the Commissioners of the District resolved on March 5, 1998 to contribute $60,000 toward the project. This amount will be paid directly to the City of Renton upon substantial completion of the current phase of the project, which is anticipated for this fall. Thank you for your kind consideration and attention. If there are any questions, please call me. Y ur very truly, ck elson JEN:ab Cc: DD#1 yawn HYDRAULIC PROJECT APPROVAL Depare,as,t of Statc of Washington FISH and AMENDMENT FOR Department of Fish and Wildlife Habitat program qw wII.rQLIM RENEWALITIME EXTENSION Olympia,WA 98 p Capitol Way North,91 S 3153 (360)902-2534 RCW 75.20.100.RCW 7530 103.-RCW 75.20.106.RCW 75 20.108 LAST NAME FIRST DATE OF ISSUE PHONE NUMBER et 14LA- STREET R RURAL ROUTE CONTROL NUMBER WRIA,STREAM NUMBER = y411 00 St C)--p3 OCI_ CITY', STATE ZIP PROJECT DESCRIPTION . WATER TRIBUTARY TO ik. �t,- ,� Ct.u^ram Px�► 114 SECTION SECTION TOWNSHIP RANOE COUNTY 23u THIS HYDRAULIC PROJECT APPROVAL SHALL BE AVAILABLE AN THE JOB SITE AT ALL TIMES AND THE PROVISIONS OF THE PREVIOUS HPA,INCLUDING THE GENERAL PROVISIONS,FOLLOWED BY THE PERMITIEE AND OPERATORS PERFORMING WORK. THIS RENEWAL/TIME EXTENSION SHALL BE ATTACHED TO THE PREVIOUS HYDRAULIC PROJECT APPROVAL AND SHALL BE AVAILABLE ON THE JOB SITE AT ALL TIMES. PROVISIONS= This is a tune renewal or time extension of the original HPA Issued on qqS n It is in response to a �Y�.l request by � --of and it supersedes all previous HPAs and modifications for this project. W-TIME LIMITATIONS: l to nj. IS1 t-`4 q o Work below the ordinary high water line may only occur between and o The time limitations in Provision($)- shall be changed as follows- ALL OTHER PROVISIONS IN THE PREVIOUS HPA FOR THIS PROJECT SHALL APPLY MA HABITAT BIOLOGIST i� PHONE CONTACT ENFORCEMENT OFFICER IDtt PRIORITY (63D) 1 3 .UTHORIZ D BY* for DIRECTOR, DEPARTMENT OF FISH AND WILDLIFE ORIGINA TO PERmrrrEE COPIES TO: AREA HABITAT BIOLOGIST-ENFORCEMENT-WRIA F1LE(OLYMPIA) � JIJI`I—CJO JU „UI, ar,. ,,, a✓.wr, ✓�., �.. .,J..�.,.��. ..-- ._ �`.�. `. _ _--- WASHIfipTpN DEPAR_04ENT OF FISH/►ND WILDLIFE 600'CARTOL WAY NORTH ft., � , OLYMPW WA8H1wiTON 118501.1091 si "' (360)902-2534 'r" <«'r" ]Hydraulic Protect Anv►>avel nertain4 oJ7/tr to ite n.ny(4/nn g Fi�•� ries Cade tRCw T5.2p�, AddrtJna! 4<uth4rfzat/On from o haCfLlrLllc_tyncl8s mat,bo \ � f This Hydraulic Project Approval shall be available on the job site at all times and all its provisions"lowed by the pettalt� , ; and a 1 aLor(!t) It offs 7(1 work. x�+ 1- l -A This Hydraulic Project Approval doe not autttofize tteapasa. Thr person(*)to iwhom thj9 Hydraulic PrgJeot Approval is Issued maybe It1j liable for an ) ) habitat Which)-enultd Ifrt failure i,, 701Q with the h� Y1146b,or damage to fish lifp'ptr t(aif provisions of this Hydraulic Project Approval. Failure to comply VAIP the brovhrlofi4 of thli Hydraulic Protect Approval•could result in a civil penalty of up to bnQ hunldroct/ dollars per day or a gross misdemeanor charge, possibly punishable by fine tend/or Imprle on t men All Hydraulic Project Approvals Issued pursuant to RCW 75-26.100 oI475.20.1id7 rA aubjectltl{addltlonal res6fetiona, conditions or revocation,if the,Depflctrnant of Fish and W,ildlito determines that new bJologlcal or phyplp40,information Indicates the need for such wF-Uon.,T1 a pRgnittee,has tits,right Pursuant to,Chapter 34.04 RC,W to,appeai auch,�leclsion:. All Hydraulic project Apprgv><ip tlrsu¢�d pursuaftt,to F�C}N 75.ZOr10 ,{nay be modlflod by the Department of Fish and Wildlife due to Changed condFtiortt after consultatlon with the pgrtrlltt+e_'PROVIDED HOWEVER,that aYcll;mpolAcitions ahstli be s b er to appeal to the Hydraulic Appeals Board establlahed In RCW 76.70.130. � j. , I 1 t IF YOU Wi8H TO APPEAL A Em OR-CONDITION$ PROvIDtn INAH `6RAULIC PROJECT APPROAL,�ERFORMAL APPEAL PROCUSSE AVAILABLEc.F V �1 E INfORMfD A. IWORMAL APPEALS(WAC 220.110.340)OF DEPARTMENT AC77ONS TAKEN PURSUANT TO RCW rd.20.100, 73.20.103, 75.20.10�AND ' 75.20.1W. A person who Is aggrieved or adversely affected by the following Department actions m t , ' (A) The dental or islluance of a Hydraulic P sY provisions tan Informal revlaw of: Y Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval;or (s) An order Imposing civil pe(fal4les_ It is recommended that an ne0rievod party contact the Area Habitat Blojogiet an4 discuss the concerns_ Moit problem&are resolved at this level,but if not,you rnay,Nevso ypur congers to hiaihar 1LuP�r 1s r:A_ the of Fish a i .9, raquast for an Iyand sh-a,REVl YII anal!tiq{tt Q to wahl�+�'dw4 n4)1lr Issuari00 f&Hy W&y NO"."l kpp a,Wayhinp�oir 9aea4'.1oe1 and shall i gF'rF�by the Department roqulati entyamay stayed by p ant If n ullc P19) APPeJivalorKecalpt Qf an 9610,Imppalag clvIl panaltle}r Ths�D-d&y time and/or his/her gotl 100"s arm o5cumng between the aggrieved ITV and the Arai.Habltat Biologist a decision tv t Prpn scy OlvisRyrlagaT orb hhth�r doslgnea sit-<pnd4ct,�r■vlew end recommend ! ` :. `! P� �1. !f I�a4tar+�riot JkWfli with th1 Tsults of th1d infort�al appeal.a fn�.nallapQeal may be filed. S. FORMAL APPLA[� l 0 ` .. ,k .+ 4 F , .. -I f"f I ,; {WAC 2Ir adversely OFDEPARTt11ENFACT1pN",TAKEN PURStUANT T JZ 7tS Y t000R Ts,zO 1 e_ ' A Person who M aggrieved or adversely affected by the following O*parttniht aCtl6hs nisy9rbquest■n formal r'4Vlew of� (� r (A► The dsrd.I or issuance of a Hydraulic Protect Approval,or the conditions or provisions mad*part of a Hydraulic Project (B) 1 An order hnpoehtp civil�pan altlea:ort F t y (C) Any other"agency aotlon"for which an adjudicative proceeding!s required under the Administrative Procedure Act,Chapter 34.05 RCW. A r quent for a FORMAL APPEAL.shall be in WRIJINQ to the Department of Fish and wAdllfe,600 Capitol Way North,Olympia, Washington SMI-1091,shall be.pMnly 10mied as"REQUEST FOR FORMAL APPEAL"and shall be f by the Department within 30�ays of the Dbpartm*nt action that[a b*Irr Challenged. DURlNa.OFFICE.HOURS. •„ aLtspended consideration of a timely InforquA appeal. If fh: ; r( � The time period fo¢raan�gwatlnq a torJnal appeal in a0tpeal shall bs'Wthln a0•da s of the data of the De enrs wr{t>�s scblor{ilnnr as on&i to the Iline rrforbta(5p�j'> l st p a to�rinY�r�i 1 Y P t . C_ FORMAL APP EA(.S Of DEPARTMENT ACT7oNS tAKEN P(IRSUANt TAD RCW 75.20_fo]or T6.30,1Q �A parsen who is eaudaved or adversely aMecb¢by.the denial or Issuance of a Hydraulic Protect Ag�iroval,or the conditions or pn7Y1a1a1e made Pact Of w Hydraulic Project Approval may request.formal appeal. Ths request for,�OEiMA��AEAL"all be In ]NRIIl the Hydraulic Appeals board per WAC 269-04 at BnvlronM*ntpl Hearings Offlu,4224 Slsth Avehue sRp Building Tt*in Rot�re Six,Lacey,Washington 945";Wephons 3001469.6327. r D. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. iF THERE 13 NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL 13E FINAL AND UNAPPF_ALABLE_ RECORDS TRANSMITTAL DEPARTMENT/DIVISION DATE PREP. - TRANSMITTED BY. CITY CLERK'S OFFICE CITY OF RENTON RECEIVED BY: DATE REC'D. APPROVAL: LOCATION': BOX NO RECORDEHIES= � < lIVCLI1S1VEiii._ iEl£A1T]t�N OESTAIJGT RIO R ' tt OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES The mitigation measures listed below have been taken from the permits issued to the City of Renton by various Federal and State regulatory agencies. Full compliance with these mitigation measures is mandatory,they are not advisory notes. If questions arise due to the language used in the mitigation measures or if there appear to be conflicts between mitigation measures when applied to a specific task or portion of the approved project, check with the City of Renton field inspector, Mary Burgy, immediately. DEPARTMENT OF THE ARMY SEATTLE DISTRICT CORPS OF ENGINEERS General Conditions: 1. The time limit for completing the work ends on March 6, 2001. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permit activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special to this permit. For your convenience, a copy of the certification is attached if it contained conditions. 6. 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. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES . Page 2 7. After a detailed and careful review of all of the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps of Engineers, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit;the permittee will comply fully with all the terms of the permit conditions. Special Conditions a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. You must comply with the provisions of the attached Water Quality Certification. C. The wetland area created as mitigation for work authorized by this permit shall not be made the subject of a future individual or general Department of the Army permit application for fill or other development, except for the purposes of enhancing or restoring the mitigation associated with this project. d. A new permit application shall be submitted for review and evaluation for Phase 2 work if funding is obtained. The Phase 2 work shall be subject of a new public notice. e. You shall establish a permanent conservation easement to protect created and avoid wetlands within the proposed project and mitigation areas and record them with the County. f. The wetland seed mix shall only include native species in the mitigation areas. g. A status report on the mitigation construction, including as- built drawings, shall be submitted to the Regulatory Branch, Corps of Engineers, 13 months from the date of permit issuance. Annual status reports are required until mitigation construction is completed. h. The revised February 1998 Mitigation Plan shall be implemented. The first annual mitigation monitoring report will be due no later than one year after the Corp's written acceptance of the ass-built drawings and thereafter as scheduled in the mitigation report. All reports must be submitted to the Seattle District, Regulatory Branch. I. A description of the mitigation area identified in the final mitigation plan as approved, and any subsequent permit mitigation area revisions, will be recorded with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records to or interest in real property. Proof of the documentation must be provided to the Corps of Engineers, Seattle District within 60 days of the issuance of this permit. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 3 STATE DEPARTMENT OF ECOLOGY STORM WATER GENERAL PERMIT#S03-003113 1. The most significant requirement of the permit is the implementation of a Stormwater Pollution Prevention Plan. Plan requirements for construction activities are given in Special Condition S9 of the permit. The purpose of a Stormwater Pollution Prevention Plan is to reduce, eliminate, or prevent the pollution of stormwater through the application of Best Management Practices. As a condition of coverage under this permit, the SWPPP must be written and implementation started prior to the commencement of construction activities. STATE DEPARTMENT OF ECOLOGY WATER QUALITY CERTIFICATION #97-4-01329 No Further Impairment of Existing Water Quality: 1. Certification of this proposal does not authorize the applicant to exceed applicable state water quality standards (173-201A WAC), including the state sediment quality standards (173-204 WAC). Furthermore, nothing in this certification shall absolve the applicant from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. Springbrook Creek (WRIA#09-1015, Class A water of the state) is on the current 303(d) list of impaired waterbodies for exceeding water quality standards for fecal coliform, temperature, dissolved oxygen, sediment bioassay, cadmium, copper, mercury, and zinc. This project shall not result in further exceedances of those standards and will be out of compliance with this certification if discharges from the proiect exceed limits for those contaminants identified in 173-201A- 030(2)WAC and/or 173-201A-040 WAC. Mitigation, Monitoring, and Contingency Conditions: 2. Project mitigation shall be constructed and maintained as described in the Corps/Ecology Public Notice of September 23, 1997, the FEIS issued July 1, 1997, and the FEIS Addendum issued July 22, 1997, with the following additions and clarifications: a) Wetland water quality and soil monitoring: samples shall be taken from existing wetlands on the project site at or near each point of discharge from the stormwater treatment systems to the wetlands. At least one water sample shall be taken at or near each point of discharge before or during project construction and shall be tested for the following: pH nitrate + nitrite-nitrogen temperature total suspended solids turbidity total zinc fecal coliform Additionally, at least one soil sample shall be taken at or near each point of discharge from the stormwater treatment system to the wetlands and shall be tested for total metal concentrations (including cadmium, copper, mercury, and zinc). OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 4 Sampling and testing shall be done at an Ecology-accredited laboratory and shall be done according to applicable U.S. EPA and/or Puget Sound Estuary Program protocols. Results shall be provided as part of the"as- built" report below. b) "As-Built" and Monitoring Reports: an "as-built" report documenting the final design of the project and the wetland mitigation areas shall be prepared and shall include the following: site topography(both plan view and elevations). photographs of the stormwater treatment detention pond and the wetland mitigation sites taken from established permanent reference points. Permanent reference points shall be established so that topographic and vegetative conditions in the project area can be monitored. a planting plan showing species, densities, sizes, and approximate locations of plants, as well as plant sources and the time of planting. any habitat features (e.g., large woody debris, boulders, etc.) installed and their location. locations of water and soil sampling points. results of water quality and soil sampling and testing per above condition. any changes to the approved design that occurred during the construction. c) Wetland mitigation monitoring shall take place during Years 1, 3, and 5 after construction and shall include the following: topography: changes on the project site due to erosion, accretion, deposition, etc. These changes shall be documented in plan drawings and through photographs taken at the permanent reference points. vegetation: species composition on site, the approximate percent cover of native wetland (FAC or wetter) species, and of invasive or non-native species. wetland and soil quality: the samples and tests required in Condition #2a above shall be repeated during Years 1, 3, and 5. d) Report Timing: a report shall be prepared for each monitoring year showing the above monitoring results. One copy of the"as-built" report and one copy of each year's monitoring report shall be sent to Ecology's Tom Luster(P.O. Box 47600, Olympia, WA, 98504-7600). The"as-built" report shall be submitted within 60 days of completing Phase I of the project, and in no case later than December 31 of each monitoring year. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 5 e) Contingency Plan: If the results of monitoring show that the water quality standards, wetland standards, or performance standards are not being met, additional monitoring and mitigation may be required. Any proposed changes to the mitigation plan or monitoring requirements require approval by Ecology. Stormwater Treatment: 3. The project, as originally proposed, included stormwater treatment based on the guidance provided in the King County Surface Water Design Manual. Because the project, as originally proposed, would have resulted in unacceptable discharges to Springbrook Creek and to mitigation wetlands, aspects of the project were redesigned to provide additional stormwater detention and treatment, and to prevent discharges that exceeded the state water quality standards. These additional features include the following, which are considered conditions of this certification: a) All discharges from the project's impervious surfaces shall be routed through wet vaults, bioswales, or other conveyances to detention ponds. These detention ponds shall be constructed, operated, and maintained so as to retain flows of up to the 10-year storm event. There shall be no surface or point source discharges from the detention ponds into Springbrook Creek, mitigation wetlands, or existing wetlands during flows of less than the 10-year storm events. b) Project construction shall include intercepting two 12-inch stormdrains, as described in Drawing D-3, Sheet 37 of 96. Currently, these stormdrains convey untreated stormwater from the adjacent Boeing property to Springbrook Creek. Project construction, operation, and maintenance re- route the flows from these stormdrains to the project's north wet pond. Construction Conditions 4. The applicant shall obtain the necessary stormwater construction permit from Ecology's Northwest Regional Office (425-649-7000) before starting construction. 5. All construction debris shall be properly disposed of on land so that it cannot enter the waterway or cause water quality degradation to state waters. 6. All excess excavated material shall be disposed of above the 100-year floodplain and shall be contained so as to prevent its re-entry into waters of the state. 7. Erosion control devices (e.g., filter fabric, hay bales, etc.) suitable to prevent exceedances of state water quality standards shall be in place before starting project construction and shall be maintained throughout construction. At the completion of construction, hydroseeding may be done to stabilize slopes and soils until other required planting is completed. Hydroseed mix shall consist of native, non-invasive, or annual plant species only. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 6 8. Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall not be discharged into state waters except as authorized by an NPDES or state waste discharge permit. Emergency/Contingency Measures: 9. Any in-water work that is out of compliance with the provisions of this Order, or any discharge of oil, fuel, or chemicals into state waters, including wetlands, or onto land with a potential for entry into state waters, is prohibited. If these occur, the operator shall immediately take the following actions: a) Cease operations. b) Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or prevent further environmental damage. c) In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, containment and cleanup efforts shall begin immediately and be completed as soon as possible, taking precedence over normal work. Cleanup shall include proper disposal of any spilled material and used cleanup materials. d) Spills into state waters, spills onto land with a potential for entry into state waters, or other significant water quality impacts, shall be reported immediately to Ecology's Northwest Regional Spill Response Office (425) 649-7000. 10. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters, including wetlands. 11. Toxic conditions resulting in distressed or dying fish (including dissolved oxygen levels below 5.0 mg/L) are not allowed. If these conditions exist, construction shall cease immediately and the applicant or contractor shall contact Ecology's Northwest Regional Spill Response Office (425)649-7000. 12. Construction monitoring: During and immediately after project construction, the applicant or contractor shall visibly monitor the area for distressed or dying fish. If water quality exceedance are observed outside the dilution zone, in-water work shall cease immediately and the applicant or contractor shall contact Ecology's Northwest Regional Spill Response Office at (425)649-7000 Temporary Modification of Water Quality Standards: 13. Project construction, operation, and maintenance shall be done in compliance with WAC 173-201A. This certificate does not authorize a modification of standards above those established in WAC 173-201A. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 7 STATE DEPARTMENT OF FISHERIES HYDRAULIC PROJECT APPROVAL Type of Project -- Construct Bridge & Grade Banks Project may begin: --June 15, 1998 Must be completed: -- October 15, 2002-Pry 1 1. ADDITIONAL TIMING LIMITATIONS: Work below the ordinary high water line shall only occur between June 15, 1998 and October 15, 1998. Re-vegetation per Provision 12 shall be completed no later than May 1, 1999 and shall be monitored through October 15, 2002. 2. NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist listed below, by FAX (425) 391-6583, of the project start date. Notification shall be received by the Area Habitat Biologist at least three working days prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for the work, and the control number for this Hydraulic Project Approval (HPA). 3. Work shall be accomplished per plans and specifications entitled, "City of Renton Oakesdale Ave. SW Extension, Section 404 Permit Application to U.S. Army Corps of Engineers" dated July 11, 1997 and "Springbrook Creek Streambank Improvements" dated January 8, 1998, and submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. A copy of these plans shall be available on site during construction. 4. Excavation for and placement of the foundation and superstructure shall be outside the ordinary high water line. 5. The bridge structure shall be placed in a manner to minimize damage to the streambed and banks. 6. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. 7. Waste water from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to be discharged to state waters. 8. Structures containing concrete shall be sufficiently cured prior to contact with water to aid leaching. Fresh concrete shall not be allowed to come into contact with state waters. 9. Abutments, piers, pilings, sills, approach fills, etc., shall not constrict the flow and cause appreciable increases (not to exceed 0.2 feet) in backwater elevation (calculated at the 100-year flood) of channel-wide scour, and shall be aligned to cause the least effect on the hydraulics of the stream. 10. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re-enter the water. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 8 11. The work area shall be isolated from the wetted perimeter by sandbags or similar mechanism as needed to prevent sediments from entering the stream. 12. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks shall be revegetated with native or other approved woody species. Vegetation cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80%survival. 13. Fish habitat components such as logs, stumps, and/or large boulders are required as part of the bank protection project to mitigate project impacts. These fish habitat components shall be installed to withstand 100-year peak flows. 14. The fish habitat log structures shall be of fir, cedar, or other approved coniferous species. 15. The fish habitat structures shall be placed so that they are within the low flow channel. 16. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to; straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 17. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 18. If high flow conditions that may cause siltration are encountered during this project, work shall stop until the flow subside. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. CITY OF RENTON SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT 1. The City shall ensure that the contractor follows best management practices for all construction activities over or adjacent to Springbrook Creek. 2. Temporary erosion control measures shall be installed and maintained throughout the construction phase of the project. 3. Any areas adjacent to Springbrook Creek disturbed by this development shall be returned to pre-construction or better condition. 4. The applicant shall comply with all applicable mitigation measures described in the EIS prepared for this project. OAKESDALE AVENUE SW EXTENSION MITIGATION MEASURES Page 9 CITY OF RENTON ENVIRONMENTAL IMPACT STATEMENT MITIGATION DOCUMENT All mitigation measures contained within the attached mitigation document. .� DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-2255 REPLY TO ATTENTION OF Regulatory Branch City of Renton PAR - 6 1998 200 Mill Avenue South Renton, Washington 98055 Reference: 9'7-4-01329 Renton, City of Gentlemen: Enclosed for your signature are Department of the Army permit forms for work described in the referenced public notice. You must sign and date both forms and return them to us with your check in the amount indicated below. The check should be made payable to the FAO, USAED, Portland (Seattle) . Your copy of the fully executed permit will then be returned to you. The signed permit forms must be returned to us within 90 days of this letter or your application will be canceled. You cannot modify these permit forms or their accompanying drawings . By signing the forms you will be indicating your acceptance of all the permit' s general and special conditions. Please read them carefully. You can begin the work authorized by this permit only after you have received your copy of the fully executed permit form. Sincerely, 4�— homas F. Mueller Chief, Regulatory Branch 2 Enclosures 1 . Permit (dupe) 2 . Envelope _ 3 . Agency Letter(s) L/ Conditional L/ None Fee LX/ None L/ $10 L/ $100 DEPARTMENT OF THE ARMY PERMIT Permittee: Renton, City of City of Renton 200 Mill Avenue South Permit No: 97-4-01329 Renton, Washington 98055 Issuing Office: Seattle District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Place fill in 0.31 of an acre of wetlands in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit. (Complete the disjunct portions of oakesdale Avenue S.W. and provide access to abutting property) . Project Location: In wetlands adjacent to Springbrook Creek, Duwamish River at Renton, Washington. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. 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. r Renton, City of 97-4-01329 7. After a detailed and careful review of all of the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps of Engineers, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit; the permittee will comply fully with all the terms of the permit conditions. Special Conditions: a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. You must comply with the provisions of the attached Water Quality Certification. c. The wetland area created as mitigation for work authorized by this permit shall not be made the subject of a future individual or general Department of the Army permit application for fill or other development, except for the purposes of enhancing or restoring the mitigation associated with this project. d. A new permit application shall be submitted for review and evaluation for Phase 2 work if funding is obtained. The Phase 2 work shall be subject of a new public notice. e. You shall establish a permanent conservation easement to protect created and avoided wetlands within the proposed project and mitigation areas and record them with the County. f. The wetland seed mix shall only include native species in the mitigation areas. g. A status report on the mitigation construction, including as-built drawings, shall be submitted to the Regulatory Branch, Corps of Engineers, 13 months from the date of permit issuance. Annual status reports are required until mitigation construction is complete. h. The revised February 1998 Mitigation Plan shall be implemented. The first annual mitigation monitoring report will be due no later than one year after the Corp's written acceptance of the as-built drawings and thereafter as scheduled in the mitigation report. All reports must be submitted to the Seattle District, Regulatory Branch. i. A description of the mitigation area identified in the final mitigation plan as approved, and any subsequent permit mitigation area revisions, will be recorded with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records to or interest in real property. Proof of this documentation must be provided to the Corps of Engineers, Seattle District within 60 days of issuance of this permit. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403) . (X) Section 404 of the Clean Water Act (33 U.S.C. 1344) . 2 Renton, City of 97-4-01329 ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413) . 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive, privileges. C. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above) . C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such 3 Renton, City of 97-4-01329 directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. 41 City of Renton ` '(DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. JAMES M. RIGSBY (DATE) Colonel, Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 4 EVERKET •Loagitude: 122°-13'-36" Latitude:47°-27'-15" ' S TT[ - BREMERTON �ORENTON 00/�,� r, SW S x l �TAC MA �OLYMPIA ke= s Pr 'ect - 1 5 SITE .off Gf9a Wa 1 WASHINGTON �Ny SW 405 r8N c Renton En Project Strander+Blvd SW 27thl St a a� _ m C Q _ SW 3ath St Z Q A w S t St 180th SCx -� Kent i 97-4-01329 PURPOSE:Complete Roadway and Provide Access to Abuttors Proposed Fill DATUM:NGVD of 1929=0.0' IN:Wetlands adjacent to Springbrook Creek ADJACENT PROPERTY OWNERS: VICINITY MAP AT:City of Renton see sheet 4 of 13 COUNTY:King STATE:Wa APPLICATION BY:City of Renton SHEET: L W-24 DATE: 21 1419$ �.r�std wr, e w OS SW 166 St w ` Boeing RENTON •' � CSTC ••`'�•:: � N � � T -o F 81 - 0 6 Proposed •� N N J LOaJOa'e5 Me Park 0 z , ma s , SW 27th St it TUKWILA :o 'a O y 3 m SW 34th St a m -o 0 6 tt St W 41 81 SW 43rd St KENT 0 1/41/2 1 Legend Ales Project Area 97-4-01329 Proposed Fill IN:Wetlands adjacent to Springbrook Creek PROJECT AREA AT:Cjty of Renton COUNTY:King STATE:Wa APPLICATION BY:City of Renton SHEET: Z wrZf DATE: z-I Ic.19S i •i T iti;• SW 16thSt r Boeing �STC ' RENTON o �� ,. a--- �'- 6 existing a > >- 1 an w t ads / a 1 (m tie on-+-14493) > 8 s Proposed / .' 6 i LOAgOCreS 5 ''WltlOad"C" = Office Park 0 Zl 8 wetland V. SW 271h St m ; Boeing South Marsh \\N'.f wetland"V TUKWILAM e`.;::•�' 3 :tea MMeM Val� weftaad P 3 114 X SW 34th St wetland"G" ' N 6 —a 10 "SW 41 st St SW 43rd St KENT 0 1/4^1/2 1 97-4-01329 Legend AlesProposed Fill IN:Wetlands adjacent to Springbrook Creek proposed alignment AT:City of Renton existing wetlands PROJECT AREA WETLANDS mitigation sites COUNTY:King STATE:Wa O key sheet APPLICATION BY:City of Renton SHEET. 3of Zt DATE: ZJ/L/98 Name: q �{ SW II11 t 1 The Boeing Company Attn: Rick Ford CST( �•.. (RENTON 2 Benaroya Capital Company : 3 3 The Boeing Company h td Attn: Rick Ford Oflke Irk 4 City of Renton S 5 Allpak Corporation TUKWILA 6 King County Drainage Dist. No. 1 Attn: Jack Nelson,Attorney g 7 Seattle Public Utilities Real Estate 1 6 Services *Not shown on map. Legend . 2" Project Area IMF OOwnership IdenKNcotion KENT 0 1/4,_____,1/2 1 w., 97-4-01329 Proposed Fill IN:Wetlands adjacent to Springbrook Creek PROPERTY OWNERSHIP AT:City of Renton COUNTY:King STATE:Wa APPLICATION BY:City of Renton SHEET +&F Zi DATE: Z f 10% Rc V'Ve4 u u 4 THE-8 EING 0. °PROPO AND 1-1 ° HE BOE N CO. D7 FILL 0.03 AC) _ (1!C GRAVEL BASE COURSES -----.._, PROPOSED STORM WATER — — — — — CONVEYANCE DISCHARGE POINT 0 `\ \ T E BOEING CO. PROPOSED EXTENSION OF \ II OAKESDALE AVENUE SW PROJECT WETLAND C _ 1 (Emergent] i — --- - - . � I / t PROPOSED WATER / � QUALITY POND WETLAND BOUNDARY (TYP.) THE BOEING CO. �� CITY OF RENTON -` T J PROJECT WETLAND C II (Emergent) \ \ EROSION CONTROL MEASURES . 1. SILT FENCE LOCATED OUTSIDE CUT/FILL SLOPES _ _ AND ALONG PERIMETER OF SENSITIVE AREAS. 1 1\\ 2 OEMPORAURG Y COVER OF ALL EXPOSED SLOPES N. Verticol Dotum: NGVD j929 1 ---�_t, PERMANENT SEEDING OF ALL SLOPED AREAS UPON f SCALE FEET . . . _ C-6APPLET1ON-OP WORK.— . _ __4. DUST CONTROL PRACTICES DURING ONSTRUCTION. / 6 \� �— 5.'-WGETAAI-AND-STRUCTUf?A4 STREAMBANK • STABILIZATION METHODS FOR 61TCN£S�INO-STREAM:------. 0 50 ---100 __ \ 6. OUTLET PROTECTION AT CONVEYANCE OUTFALL LOCATIONS. . . _ — \ 97-4-01329 Proposed Fill IN:Wetlands adjacent to Springbrook Creek PLANS AT:City of Renton COUNTY:King STATE:Wa APPLICATION BY:City of Renton SHEET. Sac 2r DATE: Z114 f qg K4%rrse4 i I ° 1 IBOUNDARY (T EROSION CONTROL MEASURE S 1 WETLA ) 1� 1. SILT FENCE LOCATED OUTSIDE CUT/Fill SLOPES AND ALONG PERIMETER OF SENSITIVE]AREAS. TEEA ARY COVER OF ALL EXPOSED SLOPES y 1 bU .�ONSTRU 'ON. ( IE TH REALLY TAB]4L 3. %i21 SEEOINd'6k AL SLOPED AREAS UPO 1 EARTH RETAIN] WALL —) a COMPLETION-OF WDRK.--- 4. DUST CONTROL PRACTICES DURING CONSTRUC ON " THE BOEING CO. 5. VEGETATIVE AND STRUCTURAL STREAMBANK / PROPOSED EXTENSION OF STABILIZATION METHODS FOR DITCHES AND STR OAKESDALE AVENUE SW 6. OUTLET PROTECTION Al CONVEYANCE OUTFAL L A7i0 —PROPOSED LL D WEC AN� -- —� I f (1,114 CY fRAYEL BASE COURSES) i ( NOTE: THESE WETLANDS CONSTRUCTED AS MITIGATION FOR PERMIT NO. OYB-4-014493. �"a PROPOSED BRIDGE - i MECHANI L ��STABILIZEO END PHASE 1 `- / AR STAINING WALL _ _CONSTRUCTION\ I Odd ✓ 08� \ o e ~� o x�1. MECHANIC LL S I IZED p - CSTC MITIGA ) TLAND oe. EARTH R TAIN ALL � eew ��Qo�is) p 11 WETLAND BOUNDARY (TYP.)� /'/ Ab<O p 0AOcPO\N -- - YA_INC.-- --- ---------- THE EING I�O. o N — — t MECHANICALLY STABILIZED EARTH RETAINING WALL - Vertical Datum: NGVD 1929 SCALE FEET ��. _,...... ,..., WETLA�D BOUND YP.) L J / 97.4-01329 0 50 100 �� �� // BENAfiOYA_ Proposed Fill IN:Wetlands adjacent to Springbrook Creek PLANS AT:City of Renton COUNTY:King STATE:Wa APPLICATION BY:City of Renton SHEET: 4&f 21 DATE: z1/(_198 QeLfrse4 EXISTING CONSTRUCTED CSTC 36't WETLAND BOUNDARY ROADWAY MECHANICALLY STABILIZED EARTH RETAINING WALL 26 _ 26 24 _ 24 22 - 22 20 20 18 _ _ 18 16 16 EXISTING 14 `XtSTIN12 12 — ECTA�-C7NQ 14 10 ROUN _ ---- 10 8 _ _: 8 6 6 -60 -40 -20 0 20 40 60 80 SECTION B-B PROPOSED BRIDGE Wetlond between Ordinary High Water and (Min. Clearance - 2 28 EI. 10.0 (Forbs, Shrubs, and Trees) 28 26 26 24 24 22 22 20 20 18' _ _ 18 16 16 14 14 12 12 10 - --- 10 8 8 6 GBAD --- 6 45-8 4 2r�ilo be located i= 2 0-on-bench. �XFS�IN ` c " 0 -2 GRGVN -2 -4 -4 0 20 40 60 80 100 120 140 160 *Note: Proposed grade at bridge crossing occomodotes necessary changes to support City of Renton East Side Green River Watershed Project. SECTION C-C El. 10� Limits of \Wetlond El. 4 OHW SCALE FEET eA'' Note: 2:1 vertical Exaggeration DE7AJL 0 15 30 Vertical Datum: NGVD 1929 97-4-01329 Proposed Fill IN:Wetlands adjacent to Springbrook Creek CROSS SECTIONS AT:City of Renton COUNTY:King STATE:Wa APPLICATION BY:City of Renton SHEET: 7 of Z I DATE: 7-//4/18 MATCH, LI .�S .T 18 r--• `' M'' I• -'•+•`.rY—"^'�--.-•�.�� '� / /i •�/. ! it a JIZw ri 1 j `'i'I ', 4I 1,., iY'/:'!eat:•:: .kiT. ••� ��..�.. , ! ..:s. t �-•�f f �;'����• ��� A.i.7• :'/ I t �mow... /! 1 jr ' �; I `. 3 t 1.i p S?!=i 1ISi: / l ..i / .. IF —ram PROPOSED EMERGENT ZONE UPLAND WETLAND CONTOUR SEEDING SEEDING ,• FORESTED/ EXISTING —�-- EXISTING <� �x SCRUB SHRUB ZONE CONTOUR (WETLAND SEEDING) WETLAND 0 40 8o v Scale: t" 80' -T PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVD 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET 7yj OF ZI DATE: 2/16/98 R c v#14d 47 - Ilia ,jam::I + • 't „ l9 (L���\ •:;i.,..,'':� •: ? : : : : : • ;� 1 :r•F A ,r fir:.�.;,••q� •\. !, to ........ � ,3 I; .�..-.•` '.. ��'•''''•' r�•ar �.l. r I 77, Li im .`S`��y?'✓�' /f. �l' +tom /:•. ���• '• • ; ram' <f i i �--- i' r : f�� � ! w .,; y. -%i�Y.�'i�'`"�(��•/�� - l,����� /'\¢err J � ' li• '' +�r � j, �� \ /y:%i��Yh,rr�. r ��� i/// gyp' r j �..11� �N_ 'Jvv IJ'`Y`' ,t�`Sr`t•+�'•'•'•' �^+`�'�� j,'����I •1�`\` � el NX, if/' 1x f �I _ l i I s1 �k"• f�: f�—r—/^ S Y i i ! +� �r i � j��'/ {`S't/Irk- ` •` � `", `YS,��/'� �"� `•- f !, :'!'%/. :�.x++r , 12 -w MATCH{ 'LANE SHEET 17 - — PROPOSEDEMERGENT ZONE UPLAND aWETLAND CONTOUR SEEDING SEEDING FORESTED o ao 80 v SCRUB SHRUB ZONE EXISTING Tj CONTOU r (WETLAND SEEDING) aWETLANO stole: 1" = 80' PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVO 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET 9 of- Z( DATE: 2/16/98 (Le vijtC�. EXISTING GRADE 19 PROPOSED GRADE 6 _ 12 ; -- -i -1'- � 11 - :ZT. - - 10 UPLAND PFO/PSS PEM COMMUNITY PFO/PSS UPLAND BUFFER COMMUNITY ELEV 11 COMMUNITY BUFFER ELEV 14. ELEV 11-13 ELEV 11-13 ELEV 14 SECTION A-A scale: horizontal 1"=60' vertical 1"=30' EXISTING GRADE PROPOSED GRADE ,o PFO/PSS PEM -COMMUNITY PFO/PSS COMMUNITY ELEV 11-12 COMMUNITY ELEV 12-14 ELEV 12-14 SECTION B-B scale: horizontal 1"=60' vertical 1"=30' PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVD 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET 10 4- Z1 DATE: 2/16/98 EXISTING GRADE PROPOSED GRADE �( io - 1 4 f t . -- -------- - --�i-� i- - .� "W, u f GI�i3 f". _. UPLAND PFO/PSS PEM COMMUNITY PFO/PSS UPLAND BUFFER COMMUNITY ELEV 9-10 COMMUNITY BUFFER ELEV 12+ ELEV 10-12 ELEV 10-12 ELEV 12+ SECTION C-C scale: horizontal 1"=70' vertical 1"=35' EXISTING GRADE PROPOSED GRADE 1�f 4 ,20 - - - UPLAND PFO/PSS PEM COMMUNITY PFO/PSS UPLAND BUFFER COMMUNITY ELEV 9-10 COMMUNITY BUFFER ELEV 12+ ELEV 10-12 ELEV 10-12 ELEV 12+ SECTION D-D scale: horizontal 1"=60' vertical 1"=30' PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVD 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET 11 of Zl DATE: 2/16/98 Rev t%rd Buffer FO S ............. .................................................................-....................P ..........................PS...... 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PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVID 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET IZ-.oF?l DATE: 2/16/98 j . jA 0 1 ' TREES AND SIIRUBS SHALL BE FERTIUZED.. • PLANT PIT DIMENSIONS ARE TYPICAL AND REPRESENT ALL TREES AND SHRUBS. PLACE ALL ROOTBALLS SO TOPS ARE LEVEL MATH • FINISH GRADE. PRUNE ALL DEAD AND BROKEN LIMBS AND ROOTS. FINISH GRADE 2' MULCH (UPI AND ONLY) ' TYPICAL • ' 4' TEMPORARY NATIVE SOIL / % WATERING BASIN SCARIFY SOIL (ALL PLANTINGS) INTERFACE SCARIFY N 1 ROOTBAI L AND SPREAD ROOTS i COMPACT SOIL UNDER ROOIBALL (TYPICAL) 2x DLk OF ROOT BALL SPREAD R SPREAD ROOTS CONTAINER GROWN COR IN E a G 0 WR CONTAINER GROWN CONIFEROUS TREE DECIDUOUS TREE SI m TREE AND SHRUB PLANTING DETAIL NOT TO SCALE PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVD 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET /3 db:< Z1 DATE: 2/16/98 Qcvitcd GROWING POINT OR FOLIAGE IF'FOLIAGE OR GROWING TIP PLUG IS NOT PRESENT, PLACE ONE ROOT NODE FLUSH WITI1 NURSERY GRADE OF PIJWi FINISH GRADE TO BE LEVEL WITH FINISH FINISH GRADE GRADE ?fir 6" APPROX. REPLACED SALVAGED TOPSOIL AND SOIL AMENDMENT. INCORPORAIE INTO SU©GRADE EMERGENT PLANTING DETAIL_ NOT TO SCALE PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: NAVD 1929 AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET 14 oP Z-/ DATE: 2/16/98 rQeu�f�t/ I. INTRODUCTION The City of Renton proposes to extend Oakesdale Avenue S.W. from S.W. 16th Street to S.W. 27th Street in Renton, Washington (Township 23 North, Range 4 East, Sections 1-4 and 25). At the northern end of the project, a bridge would be constructed over Springbrook Creek. Stormwater retention and treatment facilities would be constructed along the roadway to meet water quality regulations. Wetlands in the project area were delineated and verified by the Seattle District U.S. Army Corps of Engineers. These wetlands are described in the Section 3.5 of the Draft EIS for the Oakesdale Avenue Extension Project, and in Appendix E of the EIS Technical Reports, Volume H of the Draft EIS (See attached figures). The proposed project would shade 0.04 acres of emergent wetlands associated with Springbrook creek, fill 0.24 acres of emergent wetland that was constructed as mitigation for the Boeing CSTC development, and would fill 0.04 acres of emergent wetland near the former Lonaacres practice i track. To compensate for the loss of this wetland habitat the City of Renton would provide wetland mitigation within the project corridor. The following narrative describes the functions and values of the wetlands that would be affected by the project and provides details on the mitigation plan, monitoring and maintenance plan, and contingency plan. II. EXISTING WETLAND FUNCTIONS AND VALUES Wetland functions and values were assessed using the modified Reppert Method (Reppert, et al., I 1979). The functions and values for each wetland are summarized (i.e., high, medium, and low) I in Table 1. The Reppert :Method provides a general context for assessing the relative value of wetlands. Wetlands are rated as high, medium, low value in 5 resource categories. The Reppert method provides guidelines for evaluating each of the categories and sub-categories. j I For the Oakesdale Avenue S.W. extension project, this assessment provides information that was j used in determining the preliminary design parameters for the required wetland mitigation. A discussion of the general wetland functions that are assessed by the Reppert methods follows. Wetland 1 is adjacent to Springbrook Creek; Wetland 2 is the Boeing Mitigation site; and Wetland 3 is adjacent to the south side of the former Longacres practice track (Wetland C in the Oakesdale Avenue S.W EIS). The existing wetlands have been influenced by historic agricultural diking, channeling, a dominance of invasive herbaceous species, and an urban stormwater hydrology. While these wetlands are considered "adjacent" to Springbrook Creek from a'regulatory perspective, their hydrologic functions have been severely altered from the natural condition. The ratings have used the criteria and terminology as described in the Reppert evaluation manual. A. Natural Biological Functions I Natural biological functions provided by wetlands include general and specialized habitats, and production of elements within the food chain. Each of these main categories has additional subcategories that are used to assess overall biological functions. Included within the food chain production category are net primary productivity, mode of detrital transport, and food chain support, which rate the productivity, complexity, and diversity of a wetland food chain. The subcate-ories of the general and specialized habitat include community structure, adjacency, species diversity, and key game, commercial, and aesthetic species. The natural biological functions category also rates the value of the wetland as a sciei,ri is study area,sanctuary, or refuge PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET )6'of ZI DATE: 2/16/98 ,e GJ1'3cGt possessing unique natural characteristics. Natural biological function values for the wetlands in this study area range from low to moderate because they are adjacent to urban development, are relatively hydrologically isolated from Springbrook Creek, and have simple habitat structures that support wildlife species tolerant of high levels of human activity. These wildlife species have less specific habitat requirements (i.e., generalists) and use areas within, or adjacent to, developed areas. Wetlands 1 and 2 have a moderate rating for overall natural biological function. Wetland 3 has a low natural biologic functional because of low vegetative diversity. All three wetlands have forested and scrub-shrub vegetative communities that rate a moderate value for net primary production within the food chain production category. A wetland dominated by emergent habitat would have a high net primary production value. These wetlands have a low value of detrital transport capabilities because they are characterized by isolated palustrine wetland hydrology. While some of these wetlands may be inundated for extended portions of the growing season they are separated from the seasonal surface water fluctuations of Springbrook Creek by a i number of dikes. Springbrook Creek also is confined to its channel from past dredging and diking. The hydrology of these wetlands is dominated by seasonal precipitation and the stormwater runoff of the surrounding urbanization. Wetlands 1 and 2 have habitats that supply moderate levels of productivity,diversity, and complexity within the food chain. Wetland 3 has a low value of food chain support because it has a homogeneous shrub and herbaceous plant community. I Wetlands 1 and 2 have a low to moderate rating for the generalized and specialized habitat category j because they have a mix of habitat features with a variety of forested, scrub-shrub, and emergent vegetation that can support a diversity of wildlife species. Wetlands 1 and 2 are limited in value because of their relatively small size, hydrological isolation, and surrounding urban development. Wetland 3 has a low generalized and specialized habitat value because the emergent and shrub plant 1 community is predominately a monoculture of invasive and non-native vegetation, which provides limited habitat for native wildlife. Wetland 3 also is relatively small. hydrologically isolated, and in 1 close proximity to urban development. Wetland 1, the Boeing mitigation site, was graded and planted about 3 years ago. The habitat value of this wetland is expected to increase with time, but because it is relatively small and surrounded by development, its value is not expected to increase beyond the moderate value. All three wetlands have a low value for the potential for supporting key game, commercial, and aesthetic species. These wetlands lack any unique natural characteristics and have a low value for use as a scientific study area, sanctuary, or refuge. This is due to surrounding development, the wetlands' relatively small size, and the abundance of several non-native plant species. B . Hydrologic Support Functions Hydrologic support functions, including nutrient export. is rated low at all four wetlands in the study area because they are small, isolated palustrine wetlands that are intermittently or irregularly flooded. Before the area was developed, Springbrook Creek would regularly overflow its channel and floodwaters would spread out in the low gradient valley. Diking and channeling the creek and surrounding wetlands has significantly altered this natural hydrologic connection. The wetlands do perform some stormwater retention function by temporarily holding surface water from adjacent developed areas. C. Storm and Floodwater Storage Functions i I I PURPOSE: Construct Roadway IN: Vveuunds on Site DATUM: AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: Icing STATE: WA. APPLICATION BY: City of Renton SHEET if, aF Zl DATE: 2/16/98 I i Wetlands can reduce flooding and associated flood damage by reducing peak flows and temporarily storing stormwater runoff. Storm and floodwater storage functions rate the storage and retention capabilities of the wetland. Storm and floodwater storage functions vary depending on the landscape position of the wetland and the relative size of the wetland to the total watershed area. Storm and floodwater retention functions also vary depending on the relative amount of woody vegetation. All three wetlands have low storm and floodwater storage function values because they are small and isolated palustrine systems relative to the total size of the Springbrook Creek section of the Green River Valley watershed. Storm and floodwater retention function values for the three wetlands range from moderate to high. Wetlands 2 and 3 have moderate retention function values because shrub vegetation cover is more than 10% and less than 309o. Wetland I has high retention function-values because woody vegetation cover is greater than 30%, Although the woody components of these wetlands help retain stormwater, their small size relative to the watershed limits their effectiveness. D. Groundwater Recharge Functions I I Groundwater recharge is directly related to the proportion of wetland drainage to the total drainage area. In addition, other factors such as soil porosity, permeability, and rransmissivity affect the recharge value of the wetland. Soils information is based on the collected field data and the Soil Conservation Service soil designations. All three wetlands have low.Qroundwater recharge function values. The Puyallup soil series found in Wetlands 1 and 2V is well drained with I moderately rapid permeability. The Woodinville soil series in wetland 3 is a poorly drained soil with moderately slow permeability. These wetlands are small and isolated palustrine systems less than 1% in size relative to the total Springbrook Creek section of the Green River Valley watershed. I E. Water Purification Function Water quality protection or purification in wetlands occurs through biotrans formation and biodegration of pollutants and uptake by wetland plants. These processes are related. in part. to vegetation type and density. and pollutant loading and pollutant properties. Wetlands I and 2 have a low vegetation density value because they have less than 50% cover of emergent wetland plants. 3 Wetland 3 has a high vegetation density value because there is greater than 80% cover of emergent I wetland plants. These wetlands have a moderate proximity to pollution source value because they I are below nonpoint pollution sources within the watershed. III. IMPACTS OF OAKESDALE AVENUE S.W. EXTENSION The project would affect 0.31 acres of palustrine wetlands. This includes affecting 0.04 acre of emergent wetlands associated with Springbrook Creek, filling 0.24 acre of emergent constructed wetlands on the Boeing CSTC property, and filling 0.03 acre of emergent wetland near the former j Lon-acres practice track. The 0.04 acres-of impact associated with bridging Springbrook Creek ' includes excavation of the bank and shading impacts. IV, MITIGATION PLAN i I A mitigation parcel would be used to create wetlands in accordance with City of Renton regulations. The parcel is adjacent to the proposed roadway in the southern half of the project. City of Renton regulations require a 1.5:1 replacement ratio for the Class II emergent wetlands affected by the project. Per EPA letter of 1/7/98 a 2:1 ratio will be used to create 0.62 acres. JI I PURPOSE: Construct Roadway IN: Wetlands on Site i DATUM: AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION ey: City of Renton i SHEE�i 17 of Z-1 DATE: 2/16/98 Q eV 8 fact The City plans to use the wetland mitigation that is in excess of what is required for this project (0.62 acres) as credit for the Phase H portion of the project, and possibly other City projects. Details on any such proposal would be presented to the Corps for future projects. The City acknowledges that such a plan must be approved by the Corps on a case-by-case basis. ' The Boeing wetland that would be affected by the project is a mix of open water and emergent habitats. The other wetlands affected by the project are dominated by reed canarygrass. The goal of the mitigation plan is to create and enhance wetland that will provide typical stormwater storage and water purification functions of the adjacent wetlands, but also also substantially upgrade the wildlife habitat value of the wetlands by producing a scrub-shrub/forested wetland complex and underlying emergent community dominated by native species. The proposed wetland mitigation plan for the Oakesdale Avenue S.W. project has been designed to i achieve a net gain in wetland functions and to achieve the general goals of the City of Renton's wetland regulations. The mitigation parcel each would contribute about 2 acres of created wetland and 1.3,acres of enhanced wetland. The approximate size of each habitat component is listed below. Habitat Created Enhanced. Emergent 0.33 0.6 Scrub-shrub/Forested 1.72 0.7 Total 2.05 1.3 I The mitigation site would create wetlands that would lie between the proposed water quality drainage swales and an existing wetland. Currently, the site is a mixture of upland grasses and Himalayan blackberry that slopes to the east and eventually into the existing reed canarygrass- dominated wetland. The created wetland would include a mix of emergent, scrub-shrub, and I forested habitat components. The created wetland is designed to receive water from the proposed stormwater ponds via a vegetated dispersal ditch, which then flows through the created wetland to j the adjacent existing wetland. Plantings of native vegetation would enhance the buffers around the created wetlands. Stormwater ponds and dispersal ditches would be planted with a mix of grasses and emergent plant species depending on the elevation and estimated hydrologic regime. Native tree species would be installed at the pond perimeters for shading. The bottom elevation for the north and south constructed wetlands will be 11.0 and 9.0 ! respectively. This design elevation has been matched with the elevations of the existing wetland 1 that is adjacent to the mitigation site. The wetlands are designed to function hydrologically without i drainage structures that could be subject to failure. The design employs gravity flow over vegetated surfaces. Groundwater and surface runoff will recharge the constructed wetlands. Surface runoff from the roadway portions of the constructed wetlands drainage basin will be conducted to either of 2 vegetated wet ponds. The wet ponds will have four feet of dead storage with approximately 440 level feet of level spreader to ensure an even dispersal of treated stormwater into the constructed wetlands. The maximum water depth in the constructed wetlands will be 2.4 feet with average depths at approximately 1.0 feet. The overflow for both constructed wetlands will be via level spreader berms to allow flows to disperse evenly to the existing drainage course. Side slopes for the constructed wetlands range from 4:1 at the wet pond slopes to 20:1 or less within the proposed i PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET 1$ of Z/ DATE: 2/16/98 � 12Cvf�- I wetlands. Design grades will allow the continued flow of surface water to the existing wetlands. In addition, the design grades reflect the elevations for the existing wetlands. An island is designed to enhance the wildlife habitat. The islands include upland and wetland habitat. Reed Canarygrass Control Several steps in the mitigation plan will suppress reed canarygrass, a non-native invasive plant species. The created and enhanced wetaand will require excavation to achieve the desired slope and ground elevation. The removed soil will be discarded in an approved, off-site location. This will remove reed canarygrass rhizomes and seed source in the immediate area. Hydoseeding and planting of woody shrubs will allow for the establishment of a native plant community. Planting density has been designed,to allow for maximum plant growth and shading from the overstory at the earliest possible time. A high planting density or hydroseed application would reduce viability of plants and thus, in the long run, reducing survivability of the desired species. Maintenance for the first year would be the responsibility of the landscape contractor. The specifications of the landscape contract guarantee 100% survivability of plants during this period. Following this initial year the City will conduct maintenance during the spring and fall to remove reed canarygrass from the created and enhanced wetland. After this period the plant species would be fully established and begin to out compete reed canarygrass. Maintenance would be conducted by mowing reed canarygrass with weed-eaters. V. MONITORING PLAN Wetland mitigation and buffer vegetation would be monitored in years 1, 2. 3, 5, 7, and 10 in all plant communities. Monitoring will be conducted on a quarterly basis the first year and annually thereafter. Monitoring would begin the first year after completion of construction, and standardized procedures described below would be used to measure the survival and growth of plant material and the success of the mitigation plan. The monitoring strategy would consider plant species composition and cover values for vegetation and survival rate of planted vegetation. The goals of the mitigation plan that would be assessed during the monitoring are: I • One year after planting: native herbaceous species cover>_ 1517o, woody plant species cover>_ j 25%. Reed canarygrass cover< 10%. • Three years after planting: native herbaceous species cover_>45%, woody plant species cover j >_ 60%. Reed canarygrass cover< 10%. • Five years after planting: native herbaceous species cover>_ 60%. woody plant species cover >_ 80%. Reed canarygrass cover< 10%. i If all parameters are met by the fifth year of monitoring a request will be submitted to the Corps to allow the City to suspend the remaining two years of monitoring. The following information would be collected during the monitoring sessions: I I • Photopoints would be established to obtain representative photographs of the project. Photos would be taken from the same locations to document appearance and progress of the project. • Vegetation data would be collected along permanent transects in mitigated wetlands. Sampling methods would include quadrat sampling to measure the percent cover of emergent plant species and line intercept sampling to measure the amount of growth of shrub and tree species. II I PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: AT: City of Renton . c COUNTY: Kin STATE: WA. i AO�ACENT PROPERTY OWNERS: See Attached 9 � APPLICATION BY: City of Renton SHEET I9 e¢ Z.I DATE: 2/16/98 • Mitigation plantings would be visually evaluated to determine the rate of survivorship, health, and visor of plants. • Established performance standards for the project would be compared to the monitoring results to judge the success of the mitigation effort. Evaluation of the success of the mitigation project would be based on the expected cover percentages and 80% survival rate. Monitoring reports describing the level of success of the plan would be written and submitted to the Corps and the City of Renton Development Services Division for review and approval. VI. MAINTENANCE AND CONTINGENCY PLANS A three-year maintenance program would be part of the construction contract. The program includes watering, weeding, trash removal, and regular inspections of the project to ensure that plants were surviving and to identify any invasion by undesirable plant species. The landscape contract would ensure that if any plant material did not survive the first year it would be replaced. Under a one-year guarantee period, the contractor would replace failed plant material during the first year of planting. If subsequent monitoring indicates that additional plantings are required after the guarantee period, contingency plans will be implemented, with the type and number of additional plantings to be determined by the project biologist. I In the event that a performance standard is not met, then the following process will be followed: I 1) Determine the cause of plant mortality or lack of vigor. i 2) Determine the planting regime that would be necessary to ensure that performance standards are j met. I 3) Present proposed implementation plan for Corps and City approval. 4) Implement plan and note progress in next monitoring period. Contingency actions will include efforts to correct the cause of any failure to meet performance standards (e.g., supplemental plantings, invasive plant control). Additional monitoring events may be required to evaluate any contingency actions. Wetlands restored, enhanced, and created as part of this mitigation would be protected under local sensitive area ordinances and regulations. V II. LIMITATIONS OF THIS REPORT This report has been prepared for use by the City of Renton. In preparing this report, SHAPIRO used information contained in site development plans that were current at the time of report preparation. Recommendations made herein are based on information gathered in the field, information presented in previously prepared reports, and personal communications among SHAPIRO, the City of Renton, and other project consultants. Any proposed modification of site development plans that affects the proposed mitigation plan should be reviewed by SHAPIRO for necessary adjustments.to the mitigation plan. I I I PURPOSE: Construct Roadway IN: Wetlands on Site DATUM: AT: City of Renton i ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET to of ZI DATE: 2/16/98 Q,a✓rseQ VIII. SUMMARY The Oakesdale Avenue S.W. Extension Project would create 2.05 acres of new wetland and 1.3 acres of enhanced wetland. Mitigation wetlands include a diverse mix of emergent, scrub-shrub, and forested habitat. The design plan accounts for the soils and hydrologic conditions of each site I and the linking of adjacent wetland habitat. Floodwater storage, water quality,and wildlife habitat are some of the functions that will be served by the created wetlands. i i I I i • I I I i i I PURPOSE: Construct Roadway IN: We`.iands on Site DATUM: AT: City of Renton ADJACENT PROPERTY OWNERS: See Attached COUNTY: King STATE: WA. APPLICATION BY: City of Renton SHEET V of ZI DATE: 2/16/98 jZetvircd STAr yt last a STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CERTIFIED MAIL PO. Box 47600 • Olympia, Washington 9B504-7600' (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 January 30, 1998 City of Renton 200 Mill Avenue South Renton, WA 98055 ATTN: Mr. Mark Pywell RE: Water Quality Certification for Corps Public Notice#97-4-01329—construct a road and stormwater treatment system with wetland impacts, and mitigate for water quality and wetland impacts, adjacent to Springbrook Creek, in Renton, King County, Washington. Dear Mr. Pywell: The authorization letter from the U.S. Army Corps of Engineers for proposed work adjacent to Springbrook Creek has been reviewed. On behalf of the State of Washington, we certify that the work proposed complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended, . Ecology concurs with the applicant's determination that this work is consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act. This certification is subject to the conditions contained in the enclosed Order. If you have any questions, please contact Tom Luster at(360)407-6918. Written comments can be sent to him at the Department of Ecology, P.O. Box 47703, Olympia WA 98504-7703. The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, P ter Skowlund, Acting Supervisor Environmental Coordination Section PS:tl Enclosure cc: Kato and Warren—Dick Warren Corps of Engineers—Jim Green U.S. EPA—Steve Roy Ecology,NWRO—Erik Stockdale, Dave Burdick WDFW—Phil Schneider IN'I HE MATTER OF GRANTING ) ORDER#97.4-0I329 ,A WATER QUALITY ) Construct a road and stormwater treatment CERTIFICATION TO ) system with wetland impacts, and mitigate City of Renton ) for water quality and wetland impacts, in accordance with 33 U.S.C. 1341 ) adjacent to Springbrook Creek, in Renton, FWPCA § 401, RCW 90.48,260 ) King County, Washington. and WAC 173-201A ) TO: City of Renton 200.Mill Avt;nue South Renton, WA 98055 On September 23, 1997, a public notice:for a proposed water quality certification from the State of Washington was disuibutcd for the above-referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWPCA§ 401). The proposed project,construction of a new road and stormwater treatment system in the City of Renton,is to be built in two phases. Phase I includes direct impacts to approximately 0.31 acres of wetlands,and Phase II requires the placement of fill in approximately 1.32 acres of wetlands. This certification authorizes Phase I of the project only, An additional certification from the Department of ao.ogy(Ecology) is necessary before Phase II can be,constructed. Compliance with the conditions of this certification for Phase I will be a part of Ecology's review for Phase II of the proposed project. Phase I of the project includes building a 5-lane road with bike lanes, curbs, gutters,and sidewalks from S.W. 10(" Street to S.W. l9th Street; a.3-lane road with curbs, gutters, and sidewalks from S.W. 19th Street to S.W. 27`'Street; and stormwater treatment systems. Because this project is adjacent to, and will at times result in discharges to, a waterbody that is on the stage's list of impaired waterbodics, several changes have been made to the original proposed project, Changes include a.iv-design of the stormwater treatment system to provide stormwater detention for up to the 10-year storiu&ent and treatment of some currently untreated stormwater from off-site. Of the 0.31 acres of direct wetland impact in Phase I,0.24 acres are due to placing fill in an existing wetland mitigation site on an adjacent property(mitigation required per Water Quality Certifications#OYB-4-014493)and 0.04 acres are due to shading existing streamside wetlands. A total of 0.5 acres of wetlands will be created as compensation for Phase I impacts, Approvals/Permits: • Shoreline Substantial Development Permit#LUA-95-024, ECF, issued July I, 1997 by the City of Renton,with SEPA Final Environmental Impact Statement(F'EIS), issued July 1, 1997, and the 1TIS Addendum i,"=d July 22, 1997. • Hydraulic Project Approval (HPA)##00-S 1329-02, issued January 23, 1998 by Washington Department of Fish and Wildlife (WDFW). • Floodplain— any activities within the 100-year floodplain are subject to conditions of the City of Menton Flood I-lazard Reduction Ordinance pursuant to the National Flood Insurance Program, including,no encroaclunent into the designated floodway. Applicable conditions of the above Rermits and anurovals shall be considered conditio y of th;s Order. "°.. Wuter Quality Certlficarion#97-4-01329 January 30, 1998 Page 2 of 7 AUTHORITIES: In exercising authority under 33 U.S.C. 1341 and RCW 90.48.260,Ecology has investigated this application pursuant to the following; 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment affJuont Hinitativns as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 302, 303, 306,and 307); 2. Conformance with the state water quality standards as provided for in Chapter 173-201 A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law;and, 3. Conformanco with'the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010, WATER QUALITY CERTIFICATION CONDITIONS: hi view of die foregoing and in accordance with 33 U.S.C. 1341,90.48.260 RCW and Chapter 173-201A WAC,certification is granted.to the City of Renton(applicant) sub ect to the following conditions: No Fui-ther Impairment of Existing Water Quality: 1) Certification of this proposal does not authorize.the applicant to exceed applicable state water quality standards(173-201A WAC), including the state sediment quality standards (173-204 WAC). Furthermore,nothing in this certification shall absolve the applicant from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. Springbrook Creek(WRIA#09-1015, Class A water of the state) is on the current 303(d) list of impaired waterbodies for exceeding;water quality standards for fecal coliform, temperature, dissolved oxygen, sediment bioassay,cadmium,copper,mercury,and zinc. This nroiect shall not result in furt'ie-r eaceedances of those standards and will be out of compliance with this certification if dischar-es from the project exceed limits for those contamiiiatas identified in 173-201 A-030(2) WAC and/or 173.20I A-04Q WAC. Mitigation,Monitoring,and Contingency Conditions: 2) Project mitigation shall be constructed and maintained as described in the Corps/Ecology Public Notice of September 23, 1.997,the FEIS issued July 1, 1997, and the FE1S Addendum issued July 22, 1997, with the following additions and clarifications: a) Wetland water quality and soil monitoring: samples shall be taken from existing wetlands on the project site at or near each point of discharge from the stormwater Water Quality Cerllfication#97-4-01329 Janu.ary.30, 1998 Page 3 of 7 treatment system to the wetlands. At least one water sample shall be taken at or near each point of discharge before or during project construction and shall be. tested for the following: --pH -• nitrate+nitrite-nitrogen -- temperature -- total suspended solids --turbidity -- total zinc fecal coliform Additionally, at least one soil sarnple shall be taken at or near each point of discharge from the storniwator treatment system to the wetlands and shall be tested for total metals concen(rdtions(including cadmium,copper,mercury, and zinc). Sampling and testing shall be done at an Ecology-accredited laboratory and shall be done according to applicable U.S.EPA and/or Puget Sound Estuary Program protocols. Results shall be provided as pan of the "as-built"report below. b) "As-Built" and?yonitoring&ports: an "as-built"report documenting the final design of the project and the wetland mitigation areas shall be prepared and.sliall include the following: -- site topography(both plan view and elevations). -- photographs of the-storinwater treatment detention ponds and the wetland mitigation sites taken from established permanent reference point's. Permanent reference points shall be established so that topographic and vegetative conditions in the project area can be monitored. a planting plan showing species,densities,sizes, and approximate locations of plants,as well as plant sources and the time of planting. -- any habitat features (e.g.,large woody debris, boulders,etc.)installed and their locations. -- locations of water and soil sampling points. -- results of water quality and soil sampling and testing per Condition#2a above. -- any changes to the approved design that occurred during construction. c) Wetland mitigation monitoring sliall take place during Years 1, 3, and 5 after construction and shall include the following: -- tovography: changes on the project site due to erosion, accretion, deposition,etc. These changes shall be documented in plan drawings and through photographs taken at the permanent reference points. -- vegetation: species composition on site, the approximate percent cover of native wetland (PAC or wetter) species, and of invasive or non-native species. Water Quality Certification#97.4-01329 January 30, 1998 Page 4 of 7 -- water and soil quality: :he- saunples and tests required in Condition#2z. above shall be repeated during Yeus 1, 3, and 5. d) Report Timing: a report shall be,prepared for each monitoring year showing the above monitoring results. One copy of the "as-built"report and one copy of each year's monitoring report shall be sent to Ecology's Tom Luster(P.O. Box 47600, Olympia,WA 98504-7600). The"as-built"report shall be submitted within 60 days of completing Phase I of tl?e project,, and in no case later than December 31, 1998. The monitoring reports shall be submitted no later than December 31 of each monitoring year. e-) Contingency Elan: If the results of monitoring show that the water quality standards, wetland standards,or performance standards are not being met, additional monitoring and mitigation may be required. Any proposed changes'to the mitigation plan or monitoring requirements require approval by Ecology. Stormwater Treatment: 3) The project, as originally proposed, included stormwater treatment based on the guidance provided in the King County Surface Water Design Manual. Because the project, as originally proposed,would have insulted in unacceptable discharges to Springbrook Creek and to mitigation wetlands, aspects of the project were redesigned to provide additional stormwater detention and treatment, and to prevent discharges that exceeded the state water quality standards. These additional features include the following, which are considered conditions of this certification: a) All discharges from the prejuct's irnpe:vious surfaces shall be routed through wet vaults,bioswales,or other conveyances to detention ponds. These detention ponds shall be constructed,operated, and maintained so as to retain flows of up to the 10- . year storm event. There shall be no surface or point source discharges from the detention ponds into Springbrook Creek, mitigation wetlands, or existing wetlands during flows of less than the I0-year storm events. b) Project construction shall include intercepting two 12-inch stortndrains, as described in Drawing D-3,Shcet 37 of 96, Currently, these storindrains convey untreated stormwater from the adjausnt Boeing property to Springbrook Creek. Project construction, operation,and maintenance re-route the flows from these stormdrains to the project's north wet pond. Wester Quality Certlfleation#97-4-01329 January 30, 1998 Page 5 of Construction Conditions: 4) The applicant shall obtain the necessary storznwater construction permit from Ecology's Northwest.Regional Office(425-649-7000)before starting construction. 5) All construction debris shall be properly disposed of on land so that it cannot enter the waterway or cause water quality degradation to state waters. 6) All excess excavated mat.eriL�d shall be disposed of above the 100-year floodplain and shall be contained so as to prcvtnt its re-entry into waters of the state. 7) Erosion control devices (e.g., filter fences,hay bales,etc.) suitable to prevent exceedances of state water quality standards shall be in place before starting project construction and shall be maintained throughout construction. At:he.completion of construction,hydroseeding may be done to stabilize slopes and soils until other required planting is completed, hiydroseed mix shall consist of native,non- invasive,or annual plant species only. 8) Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall not be discharged into state waters except as authorized by an NPDBS or state waste discharge permit. Emergency/Contingency Measures: 9) Any in-water work that is out of compliance with the provisions of this Order,or any discharge of oil, fuel,or chemicals into state waters, including wetlands, or onto land with a potential for entry into state waters, is prohibited. If these occur, the operator shall immediately take the following actions: a) Cease operations. b) Assess the cause of the water quality problem and take appropriate measures to .correct the problem and/or prevent further environmental damage, e) In the event of a discharge of oil,fuel, or chemicals into state waters, or onto land with a potential for entry into state waters,containment and cleanup efforts shall begin immediately and be completed as soon as possible, taking precedence over normal.vork, Cleanup shall include proper disposal of any spilled material and used cleanup materials. d) Spills into state waters, spills Unto land with a potential for envy into state waters, or other significant.water quality impacts, shall be reported immediately to Ecology's Northwest Regional Spill Response Office at(425) 649-7000. Water QtmU6 Certification#97-4-01329 January 30, 1998 Page 6of7 10) Fuel hoses, oil drums, oil or fuel transfer valves and fittings,etc,, shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters,including wetlands. 11) Toxic conditions resulting in distressed or dying fish (including dissolved oxygen levels below 5.0 mg/L) are not allowed. If these conditions exist,construction shall cease immediately and the applicant or the contractor shall contact Ecology's Spill Response Off-ice at(509)456-2926, 12) Construction monitoring: During and immediately after project construction,the applicant or contractor shall visibly monitor the area for distressed or dying fish.'if water quality exceedances are observed outside the dilution zone,in-water work shall cease inunediately and the applicant or the wntractor shall contact Ecology's Northwest Regional Spill Response Office at (425) 649-7000. Temporary Modifieation of Water Quality Standards: 13). Project construction,operation, and maintenance shall be done in compliance with WAC 173-201A. This certification does not authorize a modification of standards above those established in WAC 173-201 A. General Conditions-, This,certification does not exempt and is provisional upon compliance with other statutes and codes administered by federal, state, and local agencies, This certification will cease to be valid if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification, ' This certification will cease to be valid and the applicant must reapply with an updated. application if five years zlapse between the date of the issuance of this certification and the beginning of construction and/or discharge for which the federal license or permit is being sou lit, This certification will cease to be valid and the applicant must reapply with an updated application if the information contained in the Public\Notice is.voided by subsequent submittals to the federal agency. Any future action at this project location, emergency or otherwise, that is riot defined in the public notice, is not covered by this approval, All future actions shall be coordinated with Ecology for approval prior to implementation of such action. Copics of this Order shall be kept on the jvb site and readily available for reference by Corps of Engineers personnel,the construction superintendent, construction managers and foremen,,and state and local government inspectors. Water Quality CerITICation#f`97-4-01329 January 30, 19.98 Page 7 of 7 Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if it appears necessary to further protect the public interest. Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars per violation for each day of continuing noncompliance. Any poison aggrieved by this Order may obtain review thereof by appeal. The applicant can appeal up to 30 days after receipt of the permit, and all others can appeal up to 30 days from the postmarked date of the permit. The appeal must be sent to the Washington Pollution Control Hearings Board, PO Bux 40903,Olympia WA 98504-0903. Concurrently, a copy of the appeal must be sent to the Departient of Ecology,Enforcement Section, PO Box 47600, Olympia WA 98504-7600. These procc lures arc consistent with the provisions of Chapter 43.2113 RCW and the rules and iogulations adopted thereunder. Dated at.Lacey,Washington Peter Skowland Environmental Coordination Section Department of Ecology State of Washington s STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • 01ympla, Washington 98504-7600 CERTIFIED MAIL(360) 407-6000 • TOD Only (Nearing Impaired) (360) 407-6006 January 30, 1998 City of Renton 200 Mill Avenue South Renton, WA 98055 ATTN: Mr. Marls Pywcll RE: Water Quality Certification for Corps Public Notice#97-4-01329 -- construct a road and stormwater treatment system with wetland impacts, and mitigate for water quality and wetland impacts, adjacent to Springbrook Creek, in Renton, King County, Washington. Dear Mr. Pywell: The authorization letter from the U.S. Army Corps of Engineers for proposed work adjacent to Springbrook Creek has been reviewed. On behalf of the State of Washington, we certify that tile work proposed complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended, Ecology concurs with the applicant's determination that this work is consistent with the approved Washington State Coastal Zone Management Program. ']'his concurrence is based upon the applicant's conipliancc with all applicable enforceable policies of the Coastal Zone Management Program, including; Section 401 of the Federal Water Pollution Control Act. This certification is subject to the conditions contained In the enclosed Order. if you have any questions, please contact Tom Luster at (360) 407-6918. Written comments can be sent to him at the Department of Ecology, P.O. Box 47703, Olympia WA 98504-7703. The enclosed Order may he appealed by following the procedures described in the Order. Sincerely, Peter Skowland, Acting Supervisol Environmental Coordination Section PS:tl Enclosure cc: Kato and Warren—Dick Warren Corps of Bngineets—Jim Green U.S. EPA— Steve Roy Ecology, NWRO—Erik Stockdale, Dave Burdick WDFW —Phil Schneider IN THE MATTER OF GRANTING ) ORDER#97-4-01.329 A WATER QUALITY ) Construct a road and stormwater treatment CERTIFICATION TO ) system with wetland impacts,and mitigate City of Renton ) for water quality and wetland impacts, in accordance with 33 U.S.C. 1341 ) adjacent to Springbrook Creek, in Renton, FWPCA § 401, RCW 90.48.260 } King County, Washington. and WAG 173-201 A ) TO: City of Renton 200 Mill Avenue South Renton, WA 98055 On September 23, 1997, a public notice for a proposed water quality certification from the State of Washington was distributed for the above-referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWI'CA§ 401). The proposed project, construction of a new road and stormwatcr treatment system in the City of Renton,is to be built in two phases. Phase I includes direct impacts to approximately 0.31 acres of wetlands, and Phase 11 requires the placement of fill in approximately 1.32 acres of wetlands. This certification authorizes Phase I of the psojg&t one. An additional certification from the Department of Ecology(Ecology) is necessary before Phase H can be constructed. Compliance with the conditions of this certification for Phase I will.be a part of Ecology's review for Phase II of the proposed project. Phase 1 of the project includes building a 5-lane road with bike lanes, curbs, gutters, and sidewalks from S.W. 16°i Street to S.W. 19'h Street; a 3-lane road with curbs, gutters, and sidewalks from S.W. 19°i Street to S.W. 27`t'Street; and stormwater treatment systems. Because this project is adjacent tu, and will at times result in discharges to, a waterbody that is on the state's list of impaired waterbodies, several changes have been made to the original proposed project. Changes include a re-design of the stormwater treatment system to provide stormwater detention for up to the 10-year storm event and treatment of some currently untreated stormwater from off-site. Of the 0.31 acres of direct wetland impact in Phase 1,0.24 acres are due to placing fill in an existing wetland mitigation site on an adjacent property (mitigation required per Water Quality Certifications #OYB4-014493) and 0.04 acres are due to shading existing streamside wetlands. A total of 0.5 acres of wetlands will be created as compensation for Phase I impacts. ADAroyals/Permitc: • Shoreline Substantial Development Permit#LUA-95-024, ECF, issued July 1, 1997 by the City of Renton, with SEPA Final Environmental Impact Statement (FEIS), issued July 1, 1997, and the FEIS Addendum issued July 22, 1997. • Hydraulic Project Approval (I-IPA) #00-S 1329-02, issued January 23, 1998 by Washington Department of Fish and Wildlife(WDFW). • Floodplain--any activities within the 100-year floodplain are subject to conditions of the City of Renton Flood Hazard Reduction Ordinance pursuant to the National Flood hisurance Program, including no encroachment into the designated floodway. Applicable conditions of tlae above permits and approvals shall be considered Conditions of this O_ rder. Water Quality Certification#97-4-01329 January 30, 1998 Page 2 of 7 AUTHORITIES: In exercising authority under 33 U.S.C. 1341 and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 302, 303, 306, and 307); 2. Conformance with the state water quality standards as provided for 1n Chapter 173-201 A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law; and, 3. Conformance with the provision of using all known,available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. WATER QUALITY CERTIFICATION CONDITIONS: In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter 173-201A WAC, certification is granted to the City of Renton (applicant) subject to the following conditions: No Further Impairment of Existing Water Quality: 1} Certification of this proposal does not authorize the applicant to exceed applicable state water quality standards (173-201A WAC), including the state sediment quality standards (173-204 WAC). Furthermore, nothing in this certification shall absolve the applicant from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a insult of project construction or operations. Springbrook Creek (WRI:A#09-1015, Class A water of the state) is on the current 303(d) list of impaired waterbodics for exceeding water quality standards for fecal coliform, temperature, dissolved oxygen, sediment bioassay,cadmium, copper, mercury, and zinc. This MJect shall not result in further exceedances of those standards acid will be out of yornpliance with this certification if discharges from the project exceed limits for those contaminants identified in 173-201A-030(2) WAC and/or 173-201A-040 WAC. Mitigation, Monitoring, and Contingency Conditions: 2) Project mitigation shall be constructed and maintained as described in the Corps/Ecology Public Notice of September 23, 1997, the FEIS issued July 1, 1997, and the F1;1S Addendum issued July 22, 1997, with the following additions and clarifications: a) Wetland water quality acid soil monitoring: samples shall be taken from existing wetlands on the project site at or near each point of discharge from the stormwater s Water Quality Certification #97-4-01329 January.30, 1998 Page 3of7 treatment system to the wetlands. At least one water sample shall be taken at or new each point of discharge before or during project construction and shall be tested for the following: -- pl-1 -- nitrate+ nitrite-nitrogen temperature -- total suspended solids -- turbidity -- total zinc -- fecal eoliform Additionally, at least one soil sample shall be taken at or near each point of discharge from the storaiwater treatment system to the wetlands and shall be tested for total metals concentrations(including cadmium,copper, mercury, and zinc). Sampling and testing shall be done at an Ecology-accredited laboratory and shall be done according to applicable U.S. EPA and/or Puget Sound Estuary Program protocols. Results shall be provided as part of the "as-built" report below. b) Built" and Monitoring Reports: an "as-built" report documenting the final design of the project and the wetland mitigation areas shall be prepared and shall include the following: -- site topography(both plan view and elevations). -- photographs of the st.orinwater treatment detention ponds and the wetland mitigation sites taken from established permanent reference points. Permanent reference points shall be established so that topographic and vegetative conditions in the project area can be monitored. -- a planting plan showing species, densities, sizes, and approximate locations of plants, as well as plant sources and the time of planting. -- any habitat features (e.g., large woody debris,boulders, etc.) installed and their locations. -- locations of water and soil sampling points. -- results of water quality and soil sampling and testing per Condition #2a above. -- any changes to the approved design that occurred during eonstruct.iotl. c) Wetland mitigation monitoring shall take place during Years 1, 3, and 5 after construction and shall include the following: -- o o ra h : changes on the project site due to erosion, accretion, deposition, etc. These changes shall be documented in plan drawings and through photographs taken at the permanent reference points. -- vegetation: species composition on site, the approximate percent cover of native wetland (FAC or wetter) species, and of invasive or non-native species_ Water Quality Certification#97-4-01329 January 30, 1998 Page 4 of 7 -- water and soil quality: the samples and tests required in Condition#2a above shall be repeated during Years 1, 3, and 5. d) Report Tinurlg: a report shall be prepared for each monitoring year showing the above monitoring results. One copy of the "as-built" report and one copy of each year's monitoring report shall be sent to Ecology's Tom Luster(P.O. Box 47600, Olympia, WA 98504-7600). The "as-built" report shall be submitted within 60 days of completing Phase 1 of the project, and in no case later than December 31, 1998. The monitoring reports shall be submitted no later than December 31 of each monitoring year. c) Contingency Plan: If the results of monitoring show that the water quality standards, wetland standards, or performance standards are not being met, additional monitoring and mitigation may be required. Any proposed changes to the mitigation plan or ,monitoring requirements require approval by Ecology. Stormwater Treatment: 3) The project, as originally proposed, included stormwater treatment based on the guidance provided in the King County Surface Water Design Manual. Because the project, as originally proposed, would have resulted in unacceptable discharges to Springbrook Creek and to mitigation wetlands, aspects of the project were redesigned to provide additional stormwater detention and treatment, and to prevent discharges that exceeded the state water quality standards. These additional features include the following, which are considered conditions of this certification: a) All discharges from the project's impervious surfaces shall be routed through wet vaults, bioswales, or other conveyances to detention ponds. These detention ponds shall be constructed. operated, and maintained so as to retain flows of up to the 10- year storm event. There shall be no surface or point source discharges from the detention ponds into Springbrook Creek, mitigation wetlands, or existing wetlands during flows of less than the 10-year storm events. b) Project construction shall include intercepting two I2-inch stormdrains, as described in Drawing D-3, Sheet 37 of 96. Currently, these stormdrains convey untreated stormwater from the adjacent Boeing property to Springbrook Creek. Project construction, operation, and maintenance re-route the flows from these stormdrains to the project's north wet pond. Water Quality Cert(fication#97-4-01329 January 30, 1998 Page 5 of 7 Construction Conditions: 4) The applicant shall obtain the necessary stormwater construction permit from Ecology's Northwest Regional Office(425-649-7000) before starting construction. 5) All construction debris shall be properly disposed of on land so that it cannot enter the waterway or cause water quality degradation to state waters. 6) All excess excavated material shall be disposed of above the 100-year floodplain and shall be contained so as to prevent its re-entry into waters of the state. 7) Erosion control devices (e.g., filter fences, hay bales, etc.) suitable to prevent execedances of state water quality standards shall be in place before starting project construction and shall be maintained throughout construction. At the completion of construction, hydroseeding may be done to stabilize slopes and soils until ollrer required planting is completed. Hydroseed mix shall consist of native, non- invasive, or annual plant species only. 8) Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall not be discharged into state waters except as authorized by an NPDES or state waste discharge permit. Emergency/Contingency Measures: 9) Any in-water work that is out of compliance with the provisions of this Order, or any discharge of oil, fuel,or chemicals into state waters,including wetlands,or onto land with a potential for entry into state waters, is prohibited. if these occur,the operator shall immediately take the following actions: a) Ccasc operations. b) Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or-prevent further environmental damage. c) In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters,containment and cleanup e#forts shall begin immediately and be completed as soon as possible, taking pi-cucticnce over normal work. Cleanup shall include proper disposal of any spilled material and used cleanup materials. d) Spills into state waters, spills onto land with a potential for entry into state waters, or other significant water quality impacts, shall be reported immediately to Ecology's Northwest Regional Spill Response Office at (425) 649-7000. a Water Quality Certiflcation#97-4-01329 January.30, 1998 Page 6 of 7 10) Fuel hoses,oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or Ieaks, and shall be maintained and stored properly to prevent spills into state waters, including wetlands. 11) Toxic conditions resulting in distressed or dying fish (including dissolved oxygen levels below 5.0 mg/L,) are not allowed. if these conditions exist, construction shall cease immediately and the appliumit or the contractor shall contact Ecology's Spill Response Office at (509) 456-2926. 12) CQnsttyptioninonitvring; Inuring and immediately after project construction, the applicant or contractor shall visibly monitor the area for distressed or dying fish. If water quality exceedances are observed outside the dilution zone, in-water work shall cease immediately and the applicant or the contractor shall contact Ecology's Northwest Regional Spill Response Office at(425) 649-7000. Temporary Modification of Water Quality Standards: 13) Project construction, operation, and maintenance shall be done in compliance with WAC 173-201A. This certification does not authorize a modification of standards above those established in WAC 173-201A. General Conditions: This certification does not exempt and is provisional upon compliance with other statutes and cedes administered by federal, state, and local agencies. This certification will cease to be valid if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification. This certification will cease to be valid and the applicant must reapply with an updated application if five; years elapse between the date of the issuance of this certification and the beginning of construction and/or discharge for which the federal license or permit is being sought. This certification will cease to be valid and the applicant must reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the federal agency. Any future action at this project location, emergency or otherwise, that is not defined in the public notice, is not covered by this approval. All future actions shall be courdiirated with Ecology for approval prior to implementation of such action. Copics of this Order shall be kept on the job site and readily available for reference by Corps of Engineers personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. Wafer Quality Cert{fication #97-4-01329 January 30, 1998 Page 7 of 7 Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, If it appears necessary to further protect the public interest. Any person who fails to comply with uny provision of this Order shall be liable for a penalty of up to ten thousand dollars per violation for each day of continuing noncompliance. Any person aggrieved by this Order may obtain review thereof by appeal. The applicant can appeal up to 30 days after receipt of the permit,and all others can appeal up to 30 days from the postmarked date of the permit. The appeal must be sent to the Washington Pollution Control Hearings Board, PO Box 40903, Olympia WA 98504-0903. Concurrently, a copy of the appeal must be sent to the Department of Ecology,Enforcement Section, PO Box 47600, Olympia WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder. Dated -" 2 _ (d at Lacey, Washington P ter Skowlund Environmental Coordination Section Depaiiment of Ecology State of Washington OF RE-N T ON, HYDRAULIC PROJECT JAN 2 APPROVAL p�yvr>r.� .�nvcl:r5 R.C.W. 7 5 . 2 0 . 10 0 R.C.W. 7 5 .2 0 . 10 3 Q January 23, 1998 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF 3 PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) a CONTROL NUMBER City of Renton (425) 277-4428 00-S1329-02 19 STREET OR RURAL ROUTE WRIA 200 Mill Avenue South, ATTN: James Hanson ® 09. 0005 CITY STATE ZIP 14 17 Renton WA 98055 �IATER TR UTA Y TO , 11 TYPE OF PROJECT Spring Brook Creek Back River _Construct Bridge 13 ARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 24,25 23N 04E King Grade Channel Banks TIME LIMITATIONS I EI THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY June 15, 1998 Oct. 15, 2002-Pry 1 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE. IMPORTANT GENERAL PROVISIONS ON REVERSE SIDE OF APPROVAI, 1. ADDITIONAL TIMING LIMITATIONS: Work below the ordinary high water line shall only occur between June 15, 1998 and October 15 1998. Revegetation per Provision 12 shall be completed no later khan May 1, 1 99, and shall be monitored through October 15, 2002 . 2 . NOTIFICATION REQUIREMENT: The permittee or contractor shall notify the Area Habitat Biologist listed below, by FAX at (425) 391-6583, of the project start date. Notification shall be received b the Area Habitat Biologist at least three working days prior to he start of construction activities. The notification shall include the permittee's name, project location starting date for work, and the control number for this Hydraulic project Approval (HPA) . 3 . Work shall be accomplished per plans and specifications entitled, "City of Renton Oaksdale Ave. SW Extension, Section 404 Permit Application to U.S. Armyy Corps of Engineers" dated July 11, 1997 and "Springbrook Creek Streambank Improvements" dated January 8, 1998 and submitted to the Washington Department of Fish and Wildiife (WDFW) , except as modified b this HPA. These plans reflect desiggn criteria per Chapter 2 0-110 WAC. A copy of these plans shall be available on site during construction. 4 . Excavation for and placement of the foundation and superstructure shall be outside the ordinary high water line. 5. The bridgge structure shall be placed in a manner to minimize damage to the streambed and banks. SEPA: FEIS, City of Renton, July 1997 REGIONAL HABITAT MANAGER - Phil Schneider (425) 391-4365 PATROL - Boone 030 [P2] APPLICANT - WILDLIFE - READER - PATROL - HAS. MGR. - WRIA DEPARTMENT OF FISHERIES DIRECTOR 6o0 CAPITOL WAY NORTH OLYMPIA,WASHINGTON SMI-1091 ? (360)902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies mall be neCessary for this proms GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be held liable'for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 7520.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS -GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE A. INFORMAL APPEALS(WAC 220.110J/o OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 752Q100, 752Q103, 75=106, AND 752Q1f . A person who is aggrieved or adversaiy affected by the following Departrnent actions may request an infomiai review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions rnade part of a Hydraulic Project Approval: or (S) An order knposin9 civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but d not, you may ekvote your concerns to his/her supervisor. A request for an INFORMAL REVIEW stall be in WRITING to the Departrnent of Fish and Wildlife,600 Capitol Way North, Olympia,Washington 885014091 and shall be RECEIVED by the Departrrrent within 30.days of the denial or issuance of a Hydraulic Project Approval or receipt of an order inpn c'9 civil penalties. The W-day time mquirernerit noy be stayed by the Deparknennt H negotiations are oc=nng between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and reccp...m a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a foetal appeal may be fried. B. FORMAL APPEALS(WAC 220U1164" OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 752Q106. A person who is aggrieved or adversely, affected by the following Department actions may request an foetal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the con ell tiona or provisions made part of a Hydraulic Project Approval; (B) An order it nposing civil penaftm= or (C) Airy other'agency action' for which an adjudicative proceeding is ragrci+ed under the Administrative Procedure Act,Chapter 34A5 RCW. A request for a FORMAL APPEAL shall be in WRRiNG to the Departrnenrt of Fish and Wildlife,6'00 Capitol Way North, Otyrnpia, UWshington 9MI-1091, shall be ptainty labeled as 'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Departrnent within 304ays of the OepartrTieM action that is being challenged. The tune period for requesting a faunal appeal is suspended during consideration of a timely infonral appeal if there has been an informal appeal, the deadline for requesting a formal appeal shag be within 30-days of the date of the Departrnent's written dectsm in response to the infomal appeal- C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 752Q103 or 7520.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions Trade part of a Hydra Project Approval nay request a foetal appeal The request for FORMAL APPEAL stall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Envwocrrnental Hearings Office,4224 Sixth Avenue SE,Budding Two- Rowe Sac,Lacey, Washington 995"; telephone 360145E-6327. D. FAILURE TO APPEAL THE REQUIRED TiME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. c HYDRAULIC PROJECT APPROVAL R.C.W. 7 5 . 2 0 . 10 0 Gallo R.C.W. 7 5 .2 0. 10 3 4 DEPARTMENT OF FISHERIES Q January 23, 1998 (applicant should refer to this date in all correspondence) PAGE 20F 3 PAGES 10 LAST NAME 18 CONTACT PHONE(S) 1 CONTROL NUMBER City of Renton (425) 277-4428 00-S1329-02 12 NATERSpring Brook Creek 9�WRIA 09. 0005 6. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. 7. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters. 8. Structures containing concrete shall be sufficiently cured prior to contact with water to avoid leachingg. Fresh concrete shall not be allowed to come into contact with state waters. 9. Abutments, piers, piling, sills, approach fills, etc. , shall not constrict the flow and cause any appreciable increase (not to exceed 0. 2 feet) in backwater elevation calculated at the 100- ear flood) or channel-wide scour, and shall be aligned to cause he least effect on the hydraulics of the stream. 10. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re- enter the water. 11. The work area shall be isolated from the wetted perimeter by sandbags or similar mechanism as needed to prevent sediments from entering the stream. 12. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar days of project completion all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of pro]ect completion, the banks shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. 13. Fish habitat components such as logs stumps, and/or large boulders are required as part of the bank protection project to mitigate roject impacts. These fish habitat components shall be installed o withstand 100-year peak flows. 14 . The fish habitat log structures shall be of fir, cedar, or other approved coniferous species. 15. The fish habitat structures shall be placed so that they are within the low flow channel. REV 10/16/88 600 CAPITOL WAY NORTH � OLYMPIA,WASHINGTON 98501-1091 (360)902-2534 This Hydraulic Proiect Approval pertains only to the provisions of the Fisheries Code (RCW 75.20J. Additional authorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be liable"for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 7520.130. APPEALS -GENERAL INFORMATION iF YOU WISH TO APPEAL A DENIAL:OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. M"RJitAL APPEALS(WAC 220-110.140 OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 752Q100, 7&=103, 75.2Q106, AND 752Q1fi0: A person who is aggrieved or adversely affected by the following Departrnent actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval or (B) An order imposing Civil penalties. It is recommended that an aggrieved party contact the Arne Habitat Biologist and daxuss the cancers. Most problems are resolved at this level, but d not, you may eievaite your Coons to hislhet supervisor. A request for an INFORMAL REVIEW shall be inWRITING to the Department of Fish and W*Niife,600 Capitol Way North, Olympia,Wadm rigton 98S01.1091 and shall be RECEIVED by the Department within 30days of ate denial or h=iance of a Hydraulic Project Approval or roceipt of an order imposing civil penalties. The 30day time requirement may be stayed by the Department If negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his w supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to fie Director or its designee. if you art not satisfied with the results of this informal appeal, a forrtmal appeal may be filed. B. FOR KAL APPEALS(WAC 220.110,T60J OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75M.100 OR 75.20.106. A person who is aggrieved or adversely affected by the faibwing Department actions may request an formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions trade part of a Hydraulic Project APprov* (B) An order imposing civd penalties; or (C) Any other"agency action' for which an adjudicative ptouhng is required under the Administrative Procedure Ad.Chapter 34A5 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fab and Wildlife,600 Capitol Way North,Olympia, Washington 98501-1091, shall be plainly labeled as'REQUEST FOR FORMAL. APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department within =days of the Department action that is being challenged. The time period for requesting a faunal appeal is suspended during consideration of a timely informal appeal. K there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30days of the date of the Departrnent's written decision in response to the informal appeaL C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 752Q103 or 75.20.160. A person who is aggrieved or adversely affected by time denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRTTTNG to the Hydraulic Appeals Board per WAC 2S4-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Budding Two- Rowe Sic,Lacey, Washington 99SO4; telephone 360ASS.6W. D. FAILURE TO APPEAL THE REQUiRED TiME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. iF THERE IS NO TiMEL.Y REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE HYDRAULIC PROJECT �.;.._,;. APPROVAL R.C.W. 7 5 . 2 0 . 10 0 R.C.W. 75 .2 0. 103 0 January 23, 1998 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE OF 3 PAGES 10 LAST NAME •7, Q 18 CONTACT PHONE(S) 1 CONTROL NUMBER City of Renton (425) 277-4428 00-S1329-02 q 12 WATERSpring Brook Creek WRIA 09 . 0005 16. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 17. All waste material such as construction debris silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 18 . If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. LOCATION: Oaksdake Ave. just South of SW 16th St. in Renton. rh cc: Mr. Bryce Eckstein/Kato & Warren/2003 Western Ave/Seattle, WA 98121 REV 10/16/88 600 CAPITOL WAY NORTH OLYMPIA,WASHINGTON 98501-1091 (360)902.2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorizadon from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be held liablefor any loss or damage to fish rife or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 7520.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 7520.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 7520.130. APPEALS-GENERAL INFORMATION fF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED W A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A- NFORMAL APPEALS(WAC 220.110.340) OF DEPARTAEJYT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 752alaX 75.M106, AND 752Q1ti0: A person who is aggrieved or adversity affected by the following Department actions may request an ndomrai review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project APProv4 or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and ds:cuss the concerns. Most problems are resolved at this k1ml, but if not, you may ale waft your concerns to hmiw supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and V00de,coo Capitol Way North, Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 344ays of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shag conduct a review and recommend a decision to the Director or its designee. if you are not satisfied with the results of this informal appeal, a fomal appeal nay be tied. B. FORMAL APPEALS(WAC 220-114460) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75 20.100 OR 752Q106. A person who is aggrieved or adversely affected by the following Department actions may request an form review of- (A) The denial or issuance of a Hydrsdic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other'agency action' for which an adjudicative proceedug is required under the Administrative Procedure Act,Chapter 34AS RCW. A request for a FORMAL APPEAL shag be in WRITING to the Department of Fish and WAdlife,600 Capitol Way North,Olympia, Washington 9001-1091, shaft be plainly libeled as 'REQUEST FOR FORMAL APPEAL'and shag be RECEIVED DURING OFFICE . HOURS by the Department within 30.days of the Dqurt meat action that is being drallenged. The time period for requesting a formal appeal is suspended during consideration of a timely brfonnal appeal. if there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30days of the date of the Departrnent's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTW-NT ACTIONS TAKEN PURSUANT TO RCW 752Q103 or xm i60: A pennon who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made put of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Staking Two - Rowe Six.Lacey, Washington 98504; telephone 36014594 327. D. FAILURE TO APPEAL THE REQUIRED TiME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. lF THERE IS NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. sTArE o z i y' 1889 a STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 February 4, 1998 Ms. Lin Wilson City of Renton 200 Mill Avenue S. Renton, WA 98055 RE: Stormwater Discharge Permit S03003113 - Oakesdale Ave. So. Extension Dear Ms. Wilson: The Department of Ecology is required by law to collect fees from all wastewater and/or stormwater dischargers in the state that hold or apply for a discharge permit. The permit fee provisions of this law (RCW 90.48.465) are designed to fund Ecology's administration of the federal and state wastewater pollution control regulatory program. As a result of this law, Ecology developed Chapter 173-224 WAC, which establishes wastewater/stormwater discharge permit fees (enclosed). This regulation originally adopted in 1988 was recently amended after public workshops and hearings were held around the state. I was recently informed the above referenced facility was issued stormwater permit coverage with an issuance date of January 28, 1998. This letter is meant to inform you of the Fiscal Year 1998 (July 1, 1997 - June 30, 1998) annual fee you have been assessed. The bill you will receive shortly will be for the following: NOTICE - THIS IS NOT A BILL Category: Stormwater Subcategory: C - Construction activities with general stormwater permit coverage FY98 Annual Fee: $147.74 Fees are based on the state's fiscal year that begins on July 1 and ends on June 30. Any permit issued after the beginning of the fiscal year has had their permit fee prorated to reflect the number of days Ecology considers the permit active. If you do not agree with the fee assessment, you may file a written appeal with the Department of Ecology. The appeal must F-R-ECEIVED FEB 61998 `Transportation Systems Div. K City of Renton Page 2 February 4, 1998 state the reasons you believe the fee placement is contrary to the requirements with RCW 90.48.465, and specific actions that you are requesting be taken that are consistent with those requirements. The department will either issue a revised determination or a statement upholding the original determination. It is the responsibility of the permittee to notify the Department of Ecology when either construction activity cease or the facility is no longer operating in a manner necessitating permit coverage. Permit fees will continue to accrue until the Permit is canceled by Ecology regardless of when the activity under permit coverage ceases. A small business holding a permit may apply for an extreme hardship fee reduction if they have gross revenue from the sales of the goods and services produced using the processes regulated by the stormwater permit of one hundred thousand dollars or less. If you have any questions regarding your permit, please call Linda Matlock at (360) 407- 6437. If you would like information about extreme hardship fee reductions, please call Sally Attwood at (360) 407-6424. If you would like more information about the fee program please call me at (360) 407-6425. Sincerely, `Beverly A. Poston Fee Program Administrator Water Quality Program BAP:sja Enclosure RCW 90.48.465 Water discharge fees. (1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90 .48. 160, 90.48 . 162 , 90 .48 .260, and 70 .95J. 020 through 70 .95J. 090. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and. evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities. (2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48 . 162 , 90 .48 .260, and 70 .95J.020 through 70.95J. 090 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality' s wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period. (3) The department shall ensure that indirect dischargers do not _ pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90 .48 .165 are not recoverable by the department. (4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments. (5) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90 .48 . 160, 90.48 .162, 90 .48 .260, and 70 .95J. 020 through 70 .95J. 090 . (6) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on. the use of moneys from the account to the legislature. The report will be due December 31 of the odd-numbered year. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years . (1996 c 37 § 3 ; 1992 c 174 § 17; 1991 c 307 § 1; 1989 c 2 § 13 (Initiative Measure No. 97, approved November 8, 1988) . ] RCW (11/14/96 9:48) [ 1 STATg O z WW y02` O STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-600 I V E January 28, 1998 JAN 2 9 1998 CERTIFIED MAIL Transportation Systems Div. Mr. Joe Armstrong City of Renton 200 Mill Avenue S Renton, W 98055 Dear Mr. Armstrong: RE: Coverage Under the Stormwater General Permit for Construction Activity Permit Number: S03-003113 Site Name: Oakesdale Avenue SW Extension Location: Oakesdale Ave SW at SW 16th Renton, WA 98055 The Washington Department of Ecology has reviewed your application for coverage under the Stormwater General Permit for construction activity. We are granting coverage under the permit as of the date indicated on the cover page of the enclosed permit. Please note your Permit Number on this letter and on the cover page of the enclosed permit. Use this number on any future correspondence with Ecology for the subject site. An example of a change could be a new contact person, a new owner of the project, or a Notice of Termination form to cancel the permit. The permit covers the site listed in the Site Name portion of this letter. You should promptly notify Ecology of any corrections or of any contiguous construction phases which you want covered under this permit. In such cases, you should submit an additional application (NOI), noting your permit number and marking the change of information box on the NOI. Please read the enclosed permit carefully. As a permittee, you are legally obligated to comply with its terms and conditions. A document called a Fact Sheet has been prepared by Ecology which helps to explain the permit. You may request a copy of the Fact Sheet by calling (360) 407-7156. . ..,, Z� Mr. Joe Armstrong January 28, 1998 Page 2 Stormwater Pollution Prevention Plan (SWPPP) The most significant requirement of the permit is the implementation of a Stormwater Pollution Prevention Plan. Plan requirements for construction activities are given in Special Condition S9 of the permit. The purpose of a Stormwater Pollution Prevention Plan is to reduce, eliminate, or prevent the pollution of stormwater through the application of Best Management Practices. As a condition of coverage under this permit, the SWPPP must be written and implementation started prior to the commencement of construction activity. Permit Fees State law (RCW 90.48.465) requires that all permittees pay an annual permit fee. You should soon receive a billing notice informing you of your fee obligation. If you would like more information on the fee process, contact Bev Poston of the Department of Ecology at (360) 407-6425. Appeal You, or a third party, may appeal this decision to cover your facility/site. An appeal may be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, Washington 98504-0903 within thirty days of receipt of this notification. In addition, a copy of the appeal must be served on the Department of Ecology, P.O. Box 47696, Olympia, Washington 98504-7696. Enclosed is a copy of RCW 43.2113.310 which lists the procedures and requirements for the appeal process. Notice of Termination After your site has undergone final stabilization (see definition on page 4 of permit) and all stormwater discharges from construction activities are eliminated, you should complete and submit a Notice of Termination form. A blank Notice of Termination form is included in your permit as Appendix 2. Permit fees will continue until Ecology receives the termination notice. Renewal This permit expires on November 18, 2000. If you will be discharging stormwater associated with construction activity from your site after November 18, 2000, you must continue coverage under the next permit which will be issued. Unless otherwise notified by Ecology, the Renewal Application included in the permit as Appendix 3 must be submitted to the Department of Ecology at least 180 days rp for to the expiration date of the permit. Do not submit the Renewal Application prior to April 23, 2000. M Mr. Joe Armstrong January 28, 1998 Page 3 Ecoloxy Regional Assistance If you have questions regarding stormwater discharges for your construction site, select the county where your facility is located and call the Ecology staff person assigned to that county: NORTHWEST REGIONAL OFFICE IN BELL Bob Newman (425) 649-7046 Island, San Juan, Skagit, Whatcom Bob Wright (425) 649-7060 Snohomish and Kitsap Ron Devitt (425) 649-7028 King County Please call (360)407-6437 if you have any questions. Sincerely, 41 Af tul ' Dan D. Wrye, Acting Manager Permit Management Section Water Quality Program Enclosures cc: Ron Devitt, Ecology, NWRO Permit No. S03-003113 Coverage Date: JAN 2 8 1998 Issuance Date: November 18, 1995 Effective Date: December 18, 1995 Expiration Date: November 18, 2000 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND STATE WASTE DISCHARGE GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVIMS State of Washington DEPARTMENT OF ECOLOGY Olympia, Washington 98504-7696 In compliance with the provisions of The State of Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq. Until this permit expires, is modified or revoked, permittees that have properly obtained coverage under this permit are authorized to discharge to waters of the state in accordance with the special and general conditions which follow. 1---C— �_*chael T. Llew yn Water Quality Pro Manager Department of Ecology �z L V ' JAN 2 9 1i998 Transportation systems Div. Application for General Permit to ❑ Change of Information Discharge Stormwater Associated with r,it,,,T„ TA Construction Activity IIr ,II IIT �i Permit # S03 -______ Ii C 0 10 6 T (Notice of Intent) (Please print in ink or type) Please Read NOI Instructions Before Filling Out This Form I. Contact Person if. Owner/Representative of Site (All correspondence will be mailed here) Contact Name Phone No. Owner's Name Phone No. Joe Armstrong (425) 277-6203 Lin Wilson (425) 277-6223 Company Company Name City of Renton City of Renton Mailing Address Mailing Address 200 Mill Avenue S. 200 Mill Avenue S. City State Zip + 4 City State Zip + 4 Renton WA 98055 Renton WA 98055 Ill. Site Location/Address IV. Billing Address Site Name Contact Name Phone No. Oakesdale Avenue S.W. Extension Lin Wilson (425) 277-6223 Street Address (or Location Description) Company Name Oakesdale Ave. S.W. at S.W. 16th City of Renton City (or nearest city) Zip + 4 Mailing Address Renton 98055 200 Mjll Avenue S. County City State Zip + 4 King Renton WA 98055 Provide legal description if no address for site (attach separate sheet it necessary} V. Receiving Water Information (check all that apply) A. Does your construction site discharge stormwater to: 1. ❑ Storm drain system - Owner of storm drain system (name) 2. IS] Indirectly or directly to surface waters (e.g.. river, lake, creek, estuary, ocean, wetland► 3. ❑ Directly to ground waters of Washington state. ❑ Dry Well ❑ Drainfield ❑ Other B. Name(s) of receiving water(s) Springbrook Creek and associated wetlands Initial discharge is to an unnamed receiving water? ❑ Yes 1S1 No VI. Construction Activity Information 1. Total area to be disturbed 8.3 Acres 2. Projected construction startup March / 1998 ; projected completion date October / 1998 month year month year VII. Stormwater Pollution Prevention Plan (SWPPP) Has a stormwater pollution prevention plan been developed? Yes ❑ No If NO, will a plan be developed prior to the start of construction? ❑ Yes ❑ No Ecology must be notified that a SWPPP will be developed prior to the start of construction by checking the appropriate boxes above or by sending a follow-up letter to Ecology. A stormwater pollution prevention plan must be developed prior to the start of construction. FCY 020-85 (Rev. 9/97) /Continued on Back Panel (Aopendix 1) V111. State Environmental Policy Act (SEPA) If the SEPA process has not been completed at the time of NO1 submittal, a follow-up letter must be sent to Ecology with the following information prior to Ecology granting permit coverage. Has a SEPA review been completed? M Yes ❑ No ❑ Exempt Type of SEPA document ❑ DNS M Final EIS Agency issuing DNS, Final EIS, or Exemption City of Renton ; Date July 1997 Are you aware of an appeal of the adequancy of the SEPA document? ❑ Yes M No (If yes, please attach explanatory letter.) SEPA requirements must be complied with prior to permit issuance. IX. Public Notice The public notice must be published at least once each week for 2 consecutive weeks, in a is nstle newspaper which has general circulation in the county in which the construction is to take place. See the NO1 instructions for the public notice language requirements. Permit coverage will not be granted sooner than 31 days after the date of the second public notice. Note: this NO1 must be submitted to Ecology on or before the date of the first pubfrc nobca., Provide the exact dates (mm/dd/yy) that the first and second public notices will appear in the newspaper: Date of the first public notice 12 / 20 / 97 ; Date of second public notice 12 / 27 / 97 Name of the newspaper which will run the public notices South County Journal Ecology is no longer requiring the submittal of the affidavit of publication. A copy of the notice to be published must be provided along with the NOL X. Regulatory Status A. ❑ NPDES Permit (e.g., industrial stormwater) C. ❑ Air Notice of Construction, Permit, or Order Permit No. Agency B. CI State Waste Discharge Permit D. ❑ State/USEPA Hazardous Waste ID No. Permit No. XI. Certification of Permittee(s) aanfy under penalty of law that this done r and all a tune is xrre prepared under my directian or supervision in accordance wuh a system designed to assure that qualified personnel properly gather and emivate the hifomiatwn mbnuaed. Based on my inquiry of the parson or persons%ho manage the system, or than persons directly responsible for gathering the information, the information subnutted is, to the bat of my biowiedge and belief, true, ac=we, and complete. 1 am aucre that there are mgmfaw penalties for submitting false information, including tier possibility of fine and imprisonment for btowng violations. Lin Wilson Transportation Design Supervisor 0 er/Represe tative's Printed Name Title ,4 J/t/71 11 12,37 Owner/Repre ntative's Signature Date Sign and return this document to the following address; for questions call (360) 407-6437 or 407-6436: Washington Department of Ecology Water Quality Program Stormwater Unit PO Box 47696 Olympia, WA 98504-7696 The Department of Ecology is an equal opportunity agency and does not discriminate on the basis of race, creed, color, disability, age, religion, national origin, sex, marital status, disabled veteran's status, Vietnam Era veteran's status, or sexual orientation. - ---- Public Notice City of Renton NPDES General Permit Coverage Oakesdale Avenue S.W. Extension The City of Renton is seeking coverage under the Washington Department of Ecology's National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activities. The City of Renton offices are located at 200 Mill Avenue South, Renton, WA. 98055. The proposed project is known as the Oakesdale Avenue S.W. Extension and is located in the City of Renton extending from the existing Oakesdale Avenue S.W. terminus at S.W. 16th Street to S.W. 27th Street. Approximately 8.3 acres of land will be disturbed to create the new roadway and associated sidewalks, landscaping and stormwater facilities. Discharges will occur to Springbrook Creek and associated wetlands in the immediate project vicinity. Various means including silt screen fencing, temporary detention/sedimentation ponds and covering of disturbed soils will be employed during the construction period to control the amount and quality of stormwater reaching the receiving waters. Any person desiring to present their views to the Department of Ecology concerning this application, may notify the Department of Ecology in writing within 30 days of the last date of publication of this notice. Comments can be submitted to: Department of Ecology, P.O. Box 47696, Olympia, WA. 98504-7696. (Dates of publication in the South County Journal, December 20th & December 27th, 1997). � V nr.0� C4 4 :889 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office, 3190 - 160th Ave S.E. Bellevue, Washington 98008-5452 (206) 649-7000 August 5, 1997 Post-It'brand fax transmittal memo 7671 #of pages . To/-_�Y�C �f�K L Fro mL!Nj V1 i- r Mel Wilson Co GKA F0 k WA CZZ-�-14 c0.CA i Y s'+ /?-�j -o N City of Renton Dept. Phone# 2 77 _ C'Z 2 3 200 Mill Avenue South Fax# 72 _ d Fax# 2 _ 442e i Renton WA 98055 Dear Mr. Wilson: Re: City of Renton Permit # LUA-95-024 RENTON, CITY OF - Applicant Shoreline Substantial Development Permit # 1997-NW-40071 1 The subject Shoreline Management Substantial Development Permit, to construct a one mile extension of Oaksdale Ave. SW between SW 16th and SW 31st Streets. Road will vary in width from three to five lanes, include sidewalks, bike lanes, traffic control devices, landscaping, has been filed with this office by the City of Renton on July 18, 1997. The development authorized by the subject permit may NOT begin until the end of the 21-day appeal period, August 08, 1997. 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, Ann E. e Kenny, Shorelands S cialist y P Shorelands and Water Resources Program i AEK:aek !REC SDP.DOC 1 _ cc: James D. Hanson, City of Renton � �tems " CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 20, 1997 TO: File FROM: 11f, R. Pywell,AICP SUBJECT: Oakesdale Ave. Shoreline Permit The City is planning to widen portions of the Springbrook Creek channel as described in the East Side Green River Watershed Project Final Plan and EIS dated September 1997. The widening includes the reach of the creek that the proposed Oakesdale bridge will cross. The question has been raised on whether or not the proposed channel work that needs to be done in the Oakesdale Ave. bridge area can be completed under the Shoreline Permit that was issued for the bridge and roadway. The language used in the Shoreline Permit describes this project as a "public improvement project which will provide the missing link between Southwest 16th Street and Southwest 31st Street". This would include any steps necessary to prepare the area for the construction of the roadway including the stretch adjacent to both sides and over the Springbrook Creek. This work was intended to include the grading, construction of retaining walls, construction of paths and sidewalks, and landscaping from the SW 16th Street to the bridge crossing. Widening of the creek was originally planned for just under the bridge and was intended to be part of the grading that needs to occur for the bridge to be constructed. Obviously widening the creek to SW 16th Street will remove more earth than would otherwise be necessary for the construction of the bridge but the Shoreline Permit does not limit the amount of excavated soil, it only looks at the area to be impacted and the type of impacts. The channel work between SW 16th Street and the new bridge is considered necessary to avoid the anticipated erosion that would occur in the narrow reach that would remain between the widened channel under the bridge and the previously widened channel downstream of SW 16th Street. This reach between the proposed bridge and SW 16th Street is already experiencing severe erosion. Also, to put this work off until the remainder of the Springbrook Creek channel is improved would be illogical. Once the Oakesdale bridge is constructed it would be extremely difficult to get the required equipment down into this area. It would also be more disruptive to the Shoreline environment to have two separate construction disturbances. In discussions with State and federal agencies they have concluded that this work is better accomplished with the bridge work and is part of the project as has been described in the required state and federal permit coordination. Although not originally considered as part of the Oakesdale Ave. project for design and funding purposes, this work was contemplated prior to the issuance of the Shoreline Permit. Therefore, it is logical to include this work under the existing Shoreline Permit for the Oakesdale Ave. extension and bridge work. No new Shoreline Permit is required for the work adjacent to Springbrook Creek for the widening of the channel. cc: Lin Wilson Bob Mahn Scott Woodburry 0011 Oakesdale Avenue S.W. Page 2 Technical Committee Meeting Minutes August 12, 1997 i. risking delay to this fast-track project. Boeing and K&W have been furnished with copies of the SSDP and the mitigation document; the final wetland report will be furnished to Boeing (with a copy for the City) this week. 8/26/97: It was agreed at the permit coordination meeting on 8/25 that Bryce would ensure Jim Green (USACE) received a copy of the team's record of the field visit by Gail Terzi and Jack Kennedy on 6/12/97. As yet, Gail has not completed the confirmation letter describing the final delineation of the wetlands. The "final wetland report" consists of the material included in the JARPA; the Technical Memorandum is a document required by the City, but not the USACE, and will be included with the 95 percent design submittal. Shapiro's memorandum listing issues to be resolved was discussed. A meeting will be held to discuss plantings, including wetland plantings. (see Item D.27) (Pending) B.6g Submit weekly contact logs ACTION UEM (K&W) B.6j Prepare memo listing wetland issues ACTION ITEM (Shapiro) B.6k Transmit copy of 6/12 field visit to USACE ACTION ITEM & B. 12. COORDINATION WITII CHANNEL WIDENING PROJECT: 4/22/97: Scott reported that wetland delineation for the channel project would be done. He will participate in agency meetings with a view to obtaining coordinated processing of permits for the roadway and channel projects. 7/1/97: (from C.17) Entranco gave Scott an exhibit and graphic file defining the channel alignment used for locating the Springbrook Creek bridge. 7/15/97: Scott reported that it appears very unlikely that Federal funding will be available to allow channel improvement during 1998. Scott will work directly with Ken and Brad to determine the layout of the transitions between the existing channel and the widened portion beneath the Springbrook Creek bridge, including provision for continuity of the trail system. 7/29/97: A meeting will be held on Thursday, 7/31/97, at the Boeing construction shack to discuss trail routing, as well as fill retention options in the CSTC wetland area. 8/12/97: The topic was discussed at the meeting on 7/31, as well as the 50% review meeting on 8/6. Concurrence was reached on the routing of the trails; consensus has not been reached on the preferred finish of the MSE retaining walls on the bridge approaches. Hillary will finalize the geometry of the channel crossing, and the layout of the transition to the SW 16th Street bridge crossing. After agreement of the layout with Scott, the team will recommend the scope of construction to be included in the Oakesdale project, assuming that the channel widening will be completed at a later date. 8/26/97: Scott has developed a layout of the channel widening in the area between the Oakesdale/Springbrook Creek bridge and the SW 16th Street bridge. He will work with Entranco to refine the layout and designate the construction scope that should be-funded separately from the roadway project. A separate bid schedui?, will be established for this wo wlark Pywell indicated that the terms of the SSDP covered channel widening in the vicinity of the Oakesdale project. e c in i contact Jim Green (US CE) to etermine if there arah"y limitations to b o ssery e e JAR-PA (e.g., avoiding work at or below the OHW line). The types of retaining walls were discussed, with reference to a key plan produced by Entranco. Walls alongside the widened channel (Walls F and G) will be supporting cut slopes; rockery construction may be appropriate. The wall bordering the Benaroya parking lot (Wall E) should be near-vertical-faced, with a masonry finish equivalent to a "Keystone" wall. The same type of finish may be appropriate for Walls C and D, adjacent to the trail facing the Boeing CSTC parking lot. Wall B, bordering the wetland, could be a "Criblock" type, allowing plantings to be established. Wall A, at the culvert inlet, has to avoid the insulated pipe runs currently being installed by Boeing. The desired finish should replicate the masonry walls elsewhere on the CSTC site. Further discussion will continue at the meeting to be held 9/5/97. (see Item D.27) (Pending) B.12 Permit coordination ACTION ITEM (City) B.12b Channel widening layout at bridge site ACTION ITEM (Entranco/City) B.12c Boeing preference regarding MSE wall finish ACTION ITEM (Boeing) B. 13 RIGHT-OF-WAY: 6/17/97: Kato & Warren will start work on parcel right-of-way maps (to be prepared by Entranco). 7/15/97: Joe is still waiting to receive the title reports needed by Entranco. Don Bain estimated that it would be August 1 before Entranco could complete the parcel maps. 7/29/97: There has been delay in obtaining the title reports needed by Entranco, and Entranco has revised their target delivery date for parcel right-of-way maps to 8/15/97. A meeting will be held early next week to coordinate these activities. 8/12/97: Entranco delivered a set of draft parcel maps on 8/11. The City and Boeing will review these and CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 3, 1997 TO: Scott Woodbury �� �Jov 31991 FROM: 4kark Pywell CJT`l CF REt�TON Engineering Dept' SUBJECT: Oakesdale Ave. Extension/Puget Power Pole Relocation LUA-95-024 In response to your questions regarding the relocation of the utility poles, the following information is provided. The Draft EIS discussed the need to relocate the utility poles in the vicinity of the extension of Oakesdale Ave. The Shoreline Permit also included the work on utilities within the shoreline area impacted by the extension of Oakesdale Ave. Although neither document specifically called out the two utility poles identified on your diagram, it was the intent of these documents to include all of the work associated with the extension of Oakesdale Ave. From yownote it is obvious that the poles need to be relocated in order to allow the shoreline activities that have been associated with the extension of Oakesdale Ave. Therefore, the proposed utilities pole relocation can be considered as part of the general discussion regarding the relocation of utility lines and poles in this area. r mat" CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: LUA-95-024,ECF DATE RECEIVED: February 20, 1995 DATE OF PUBLIC NOTICE: March 28, 1995 April 19, 1997 JUL DATE APPROVED: July 1, 1997 C/ 71997 DATE DENIED: N/A Engineering ngin Or• g 1) 10 eng O� � pt, TYPE OF ACTION(S): [ X] Substantial Development Permit [ ] Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted/denied a permit: This action was taken on the following application: APPLICANT: City of Renton, PROJECT: Oakesdale Avenue Southwest Extension (Phase 1) PROJECT DESCRIPTION: Phase 1 of the Oakesdale Avenue Southwest project is a public improvement proposal which will construct: • a five-lane roadway from Southwest 16th Street to Southwest 19th Street, including curb, gutter and sidewalk on each side, and a bridge over Springbrook Creek with no structural supports located within the ordinary high water mark of Springbrook Creek; and, • three lanes of an ultimate five-lane roadway from Southwest 19th Street to Southwest 27th Street, including curb, gutter and sidewalk on the west side only. Construction of surface water runoff conveyance/detention/ treatment facilities for the five-lane roadway between Southwest 16th Street and Southwest 19th Street, and for the ultimate five-lane roadway between Southwest 19th Street and Southwest 27th Street will be included in the Phase 1 project. f,:,o, wetly id mitigation for the five-L. ie roadway between Southwest 16th Street and Southwest 19th Street, and for the ultimate five-lane roadway between Southwest 19th Street and Southwest 27th Street will be addressed in Phase 1. City of Renton PIBIPW Department Shoreline Substantial Development Permit Page 2 of 3 Construction of the new roadway will include grading (excavation and fill) and paving activities, and earth retention structures (e.g. Mechanically Stabilized Earth walls), in addition to the bridge structure over Springbrook Creek. Other associated improvements proposed in the Phase 1 construction will include: street lighting; traffic signalization at the Southwest 16th Street/Oakesdale Avenue Southwest intersection; traffic control signing/pavement markings landscaping and irrigation; and utility relocations and adjustments. LEGAL DESCRIPTION: See Attached. SEC-TWNP-R: Sec. 24 &25, T23N, R4E WITHIN SHORELINES OF: Springbrook Creek APPLICABLE MASTER PROGRAM: City of Renton The following section/page of the Master Program is applicable to the development: Section Description Page 5.04 Urban Environment page 22. 7.15 Roads & Railroads page 38. 7.18.04 Local Utilities--Specifications page 42. Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The City shall ensure that the contractor follows best management practices for all construction activities over or adjacent to Springbrook Creek. 2. Temporary erosion control measures shall be installed and maintained throughout the construction phase of the project. 3. Any areas adjacent to Springbrook Creek disturbed by this development shall be returned to pre- construction or better condition. 4. The applicant shall comply with all applicable mitigation measures described in the EIS prepared for this project. This permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. 3. A construction permit shall not be issued until thirty (30) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this thirty (30) day review period have been completed. PI ring/Building/Public Works Administrator Date SHORE P.DOC r City of Renton P/8/PW Department Shoreline Substantial Development Permit Page 3 of 3 THIS SECTION FOR DEPARTMENT USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT DATE RECEIVED: APPROVED: DENIED: If Conditional Use, Section of the City's Shoreline Master Program authorizing the use: If Variance, Section(s) of the City's Shoreline Master Program being varied: This Conditional Use/Variance permit is approved/denied by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date Signature of Authorized Department Official cc: Attorney General's Office City of Renton, Plan Review(Neil Watts) City of Renton, Surface Water Utility(Ron Straka) Applicant SHORE_P.DOC 1 DRAINAGE DISTRICT NUMBER ONE REAL PROPERTY LICENSE Request having been submitted by the City of Renton, a Washington municipal corporation, hereinafter "Licensee", to Drainage District Number One of King County, Washington, a municipal corporation, hereinafter"Licensor", for a license in real property,hereinafter the"License"as follows: 1. Project: Springbrook Creek/P-I Channel Improvement- SW 16th Street to Oakesdale Avenue SW 2. License Purpose: A. Excavation and filling associated with the widening of Springbrook Creek/P-I Channel and installation of any required fish and wildlife habitat features; B. Ingress and egress to adjacent construction areas; and C. Stabilization and restoration of disturbed areas (hydroseeding, planting, and rip rap surface treatments) following completion of grading activities. 3. Term. Effective immediately and continuing through December 1998. 4. Term Extension. Upon written request by Licensee to Licensor prior to original term expiration, the License term to be extended to October 31, 1999. 5. Real Property. That real property particularly described and identified in the attached Exhibit "A" (two pages), incorporated herein by this reference, hereinafter the "premises". NOW, THEREFORE, in consideration of the covenants and conditions herein, Licensor grants to Licensee a License as follows: I. Licensor grants to Licensee a License to occupy and use the premises subject to the terms of this License. I1. The premises may be occupied and used by Licensee solely for the purposes identified above, and for incidental purposes related to such purposes, during the term, and any extension, provided above. III. Licensee may accomplish the purpose for which this License is granted through its employees, authorized agents and/or hired contractors, (including their employees), as Licensee deems appropriate. IV. Licensee shall indemnify and hold harmless Licensor from and against any liability arising from any activities conducted under this License on the premises. V. Notice for extension of the term should be delivered to Jack E. Nelson, Attorney, 601 W Gowe Street, Kent, WA 98032-5745. (Telephone 253-854-7200; Fax: 253-854-8960.) V1. Licensee shall take responsible steps to accommodate the storm water channel flow through the premises during the period of Licensee's activities on the premises. VII. Licensee shall provide a copy of construction plans associated with the Oakesdale Bridge and channel widening for review by Licensor prior to Licensee's final acceptance of those plans. VIIL At the expiration of the License term, Licensee shall return the premises to Licensor in its original condition, subject to the grading, stabilization and restoration described above. Issued by Drainage District Number One of King County, Washington,this l(�>771 day of ge Jack E.Nelson Attome for Drainage District Number One 601 owe Street Kent, WA 98032-5745 H:DOCS:97-905:SW:ps Page I of r EXHIBIT"A" LEGAL DESCRIPTION License Area(see attached map exhibit): All that portion of Springbrook Creek owned by Drainage District Number One of King County, Washington, lying south of the centerline of SW 16`h Street and to the southern extent as shown on the attached EXHIBIT A MAP, in the City of Renton, King County, Washington. Page 2 of 3 EXHIBIT A MAP N8734'33"W 2672.74' 19 NORTH LINE OF ' SE 114 S00'47'36"W 132.86' N00 26'10"W 30.00' N89'33'50"E 1276.09' CONVEYANCE TO S.W. 16 TH S T. CITY OF REN TON REC. #8911030810 CONVEYANCE TO CITY OF REN TON 1 REC. #89110390809 LINE DIRECTION DIST 2 1 S10*47'33"E 72.57' 2 SO '48'32"W 52.30' 3 S07'14'42"E 44.56' 3 4 S19 25'58"E 64.25' 5 S20'05'30"E 38.13' 6 S30 55'S0"E 47.86' a, 4 7 S39 53'S4"E 32.34' 8 S30*06'16"E 78.26' rn 9 S27'12'00"E 34.34' �O 10 S31'19'50"E 39.48' !� W j 5 11 S36'00'41"E 74.02' I Q 12 S31 50 12 E 40.96 o � 6 p 0 Z 7 CONVEYANCE TO CITY OF REN TON 8 REC. 119607230798 CENTER OF DRAINAGE DITCH NO. 1 AS LOCATED 9 BY FIELD SURVEY PER ROS BOOK 85, PGS 27-27A. 10 11 0 1"=100' 100 ( IN FEET ) DRAINAGE DISTRICT NO. 1 12 40' WIDE DITCH RIGHT-OF-WAY AS SET FORTH IN SUPERIOR COURT CAUSE 32912. 1116 TH COR. MON. PER ROS, BOOK 74,----,._. PG. 198 AND BOOK 104, PG. 274 Lt In,:&W-'*SPitNGWKCM(.WI:SW P."3 o/ 12/01/97 11.26 FAX _ ENTRANCO ENG. [j004i004 KING COUNTY ENCTPANco Wastewater Treatment Division �CP Capital Improvement Program Section CI" 3 1997 Departrncnt of Natural Resources A 821 2nd Avenue-M.S. I17 1t f V� Seattle,WA 98104-1598 ! (206)689-3449 September 19,1997 93925 7-13 Hillary Stibbard-Terrell Entranco 10900 NE 8th Street, Suite 300 Bellevue, WA 98004 Subject: Oaksdale Ave SW Extension Project# 97027-22 Dear Ms. Stibbard-Terrell, I reviewed the plan for your proposed keystone wall and Geogrid submitted by fax this date. Extending the Geogrid over our pipe is acceptable. Please contact me t 584-17 with additional questions. a 07 Very truly yours, ? MMAII� Eric Davison Local Public Agency Coordinator t# 12/01/97 11:25 FAX _ ENTRaNCO ENG• 16002/004 E N T R A N C O ENGINEERS. SCIENTISTS. PLANNERS. SURVEYORS 10900 NE 8th Street.Sufte 300 (206)454-5600 Bellevue,Washington 98004 Fax No. (206) 454-0220 FACSIMILE TRANSMITTAL Date 18 September 1997 PLEASE DELIVER THE FOLLOWING PAGES IMMEDIATELY TO: Name Eric Davison Firm/Agency King County, Wastewater Treatment Division City Seattle Fax Number 206 684-1710 From Hillary Stibbard-Terrell Project/Promo Name Oakesdale Ave SW Extension Project/Promo No. 97027-22 Remarks/Items Transmitted: Eric, Attached please find a sketch showing the location of the retaining wall on the west side of Springbrook Creek as it approaches SW 16th St. The wall is currently being designed as a modular block MSE wall (such as Keystone). I understand you spoke with Scott Woodbury of the City of Renton and indicated that this type of wall would be acceptable to King County. Is the location shown acceptable to you? Thank ou, j).� , Hard Copy Will lic Will Not Be Sent No. of Pages (including Transmittal Sheet) 2 If there are problems with transmission, call (206) 454-5600 Place Transmission Sheet in File Box with Copy of Transmitted Material 12/01/97 11:25 FAX i ENTRANCO ENG. 0003/004 Lr) C) Lr) C:) CV C.,j Lf) Lr) (z) L() 0 in C--) Lr) L,_) in r--) c\j c,,j - ,- `--- EXE=WIN _COUNTERPAn"'OF .• �� -' wN1CH�liSjS�AUNTE�PAR7t� ,,,,,� 108" SEWER INTERCEPTOR EASEMENT For and in consideration of the payment set forth herein, other valuable consideration the receipt of which is hereby acknowledged, LONGACRES PARK, INC_ , a Washington corporation and wholly-owned subsidiary of The Boeing Company, ("Grantor" herein) , hereby grants and conveys to the MUNICIPALITY OF METROPOLITAN SEATTLE, a municipal corporation of the State of Washington, ( "Metro" herein) , for the purposes hereinafter set forth a nonexclusive perpetual easement, over, across and under the real property (the "Easement Area") , in King County, Washington as described on Exhibit A and depicted on Exhibit B, which such exhibits are attached hereto and incorporated herein by this reference. During the initial construction period only, the Easement Area shall include an additional area as described on Exhibit C and depicted on Exhibit D, which such exhibits are attached hereto and incorporated herein by this reference. This easement is granted subject to and conditioned upon the following terms , conditions and covenants which Metro hereby promises to faithfully and fully observe and perform_ 1. purpose . Metro shall have the right to construct, install , operate, maintain, repair, remove, replace, enlarge and use a One Hundred and Eight (108) inch sewer interceptor together with all connections , manholes and appurtenances thereto for the foregoing purposes . 2 _ omglzance with haws and Rules _ Metro shall at all times exercise its rights herein in accordance with all applicable statutes , orders , rules, regulations and requirements (as from time to time amended) of any public authority having jurisdiction_ 3 . Payment . In consideration for the grant of the Easement set forth herein, Metro shall pay Grantor as follows : A. For that portion of the northern most approximately six hundred ( 600) lineal feet of the Easement Area (14 , 125 square feet) , as shown on Exhibit B , Metro shall pay Grantor, for the permanent easement set forth herein, the sum of Fifty Six Thousand Five Hundred and no/100 Dollars ($56 , 500) within forty five days after execution of this Agreement . Grantor and Metro agree that no value is given to the northern most easement area within the two hundred (200) foot shoreline setback . Post-It"Fax Note 7671 Dace�- p��► -7y ENOV -2- u ofi To ��/ /� from Q AL,)F Caloept. Co. K Ph-0.9 � /i 9 Phone M 2 7b1—??f 5 198 74LER Fax$ 27? _ (�r'S SFexx 1�o "��f'b S f Records moons HHN 04 " JK 161= tit M lc: 'UbCybO:Dlb B _ For the remaining approximately forty two hundred (4200) lineal feet of the Easement Area , as shown on Exhibit B and more particularly described below, Metro shall pay Grantor not later than February 15 , 1999 , for the permanent easement set forth herein, the sum of Three Hundred Five Thousand Five Hundred Thirty-nine Dollars ($305, 539) , plus simple interest on such amount from the date of execution of this Agreement at the rate of four percent (4%) per year (the "Second Payment" ) . 1. Parcel 1 remaining area (17, 325 sq . ft. ) $ 69 ,300 2 . Parcel A - 67,354 sq. ft. $235 , 739 3 . Parcel B - none $ 0 4 . Parcel G - nominal area within wetlands $ 500 Provided, however, that Metro shall have no obligation to make the Second Payment, if by December 31, 1998 , The City of Renton has awarded one or more irrevocable construction contracts to extend Oakesdale Avenue S .W. along any portion of the remaining Easement Area . C. In addition to the payments due under paragraphs A and B above, Metro shall pay Grantor the amounts set forth below, payable monthly in arrears , per parcel, per month or fraction thereof that said temporary construction easement area is in actual use by Metro . The term " actual use" as used herein shall be construed to include only the period from the start of construction of said sewer pipeline and appurtenances , per parcel, until completion thereof, including reconstruction and restoration of easement areas as provided herein. 1 _ Parcel 1 - 10 , 055 sq. ft . outside 200 ' setback to pakesdale Ave. alignment $ 469/month 2 . Parcel 1 - 8 , 094 sq. ft . (remaining area) Oakesdale Ave . alignment to south end of Parcel 1 $ 378/month 3 . Parcel A - 19 , 880 sq. ft _ $ 812/month 4 . Parcel B - 9 , 590 sq. ft . $ 392/month 5 . Parcel G - nominal $ 10/month 4 . Removal and Provision of Fill -Material . In the event that Metro encounters, or suspects that it has encountered any hazardous substances in the Easement Area in furtherance of its rights set forth in paragraph 1 , Metro shall cease all _ 2 _ 1174LER APR 04 '97 01:5ePM 12062960516 P•3i9 operations and notify Grantor . If the encountered or suspected hazardous substances are not the result of the acts or omissions of Metro, Grantor shall , at its own expense, determine if the material is hazardous, as determined by applicable law. If the material should prove to be hazardous , then the Grantor shall, at its own expense, remove, dispose, or otherwise handle such hazardous substances , as necessary, in accordance with applicable law, or reroute the Easement Area, if a reroute is acceptable to Metro . if hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for Metro to use in its operation, if necessary. Should the encountered or suspected material prove not to be hazardous , Metro shall proceed with the operations at its own cost, with no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation. If the encountered or suspected hazardous substances are or may be the result of the acts or omissions of Metro , Grantor ' s characterization of the substances involved and any removal, disposal or other handling costs incurred in connection with the removal, disposal or handling of the hazardous substances will be at Metro ' s expense, and Metro shall have no recourse against Grantor for the cost of scheduled delays incurred due to the delay in operation_ Any fill material provided by Metro for use in the Easement Area shall be subject to Boeing ' s prior approval . . 5 . M tzo ' s Use and ctivities . Metro shall exercise its rights under this Agreement so as to minimize, and avoid if reasonably possible, interference with Grantor ' s use of the Easement Area as set forth in Paragraph 6, 6 , nto ' s Usg of the Easement and A ceZj b rant During onst ct ' n. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, including but not limited to use as a parking lot and for placement of an underground 12" irrigation supply .line, provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted _ In addition, Grantor reserves the right to plant any landscaping it deems appropriate on the Easement Area . Metro shall reinstate such landscaping or other improvements , if they are disturbed in furtherance of Metro ' s exercising its rights pursuant to Paragraph 1 . Metro and Grantor shall make provisions satisfactory to both parties for reasonable continued access by both parties along , over and across the Easement Area during periods of construction or other activities by either or both parties . Metro and Grantor expressly acknowledge and agree that each 3 - 1174LER APR 04 '97 01:59PM 12062960516 P.4i9 t party ' s access to the Easement Area may from time to time be reasonably restricted or delayed as a result of construction activities . Neither party shall be liable to the other party for any costs or claims resulting from such reasonable restrictions or delays . Each party expressly waives any such claims against the other party. In the event of an emergency requiring immediate action by either party for the protection of its facilities or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the circumstances . Each party agrees that in such event, the party which exercises this emergency provision shall -not leave any type of equipment or material to obstruct the other party in a way that was not present prior to the emergency. 7 . Mitiv taon and Permit . In the event Grantor delays or suspends for any reason, construction of its Customer Service Training Center, Metro shall be solely responsible for mitigation and permits arising from or related to Metro ' s exercise of its rights and obligations under this Easement Agreement . 8 . Indemnity. Except to the extent of Grantor ' s negligence or willful misconduct, Metro agrees to indemnify and hold harmless Grantor, Grantor ' s directors , officers , employees , agents servants and representatives from any and all actions , liabilities , demands , claims , suits , judgments , liens , awards , and damages of any kind or character whatsoever (hereinafter referred to as "Claims" ) , including claims for death or injury to employees of Metro , costs , expenses and reasonable attorneys ' fees incurred by Grantor in defense thereof , asserted or arising directly or indirectly from, on account of , or in connection with Metro ' s operation, maintenance and control of the Easement Area (and improvements thereon) . with respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4 .24 . 115, such obligation shall apply to the maximum extent permitted by RCW 4 . 24 . 115 - 9 _ _Abandonment- The rights herein granted shall continue until such time as Metro ceases to use said Easement Area for a period of five (5) successive years , in which event this easement shall terminate and all rights hereunder shall revert to Grantor . 10 . Notices . Notices required to be in writing under this Agreement shall be personally served or sent by registered U. S. mail . Any notice given by mail shall be deemed to have been received when three days have elapsed from the time such notice was deposited in the U.S . mail addressed as follows : 4 _ 1174LER Hh'FC U4 "7( I01•J7t"I'I 1GYJbG7bl031b° �•-' To Grantor : Longacres Inc. c/o Boeing Commercial Airplane Group P_O. Box 3707 - M/S 75-66 Seattle, WA 98124-2207 Attn: Facilities Engineering Phone: Manager of Planning Leased Properties with a copy to : Boeing Commercial Airplane Group P_O. Box 3707 - M/S 76-52 Seattle, WA 98124-2207 Attn: Division Counsel Phone: (206) 237-2682 To Metro : Metro 821 Second Avenue M.S . 122 Seattle, WA 98104 Attn: Supervisor - Right-of-way & Property Either party may change the address to which notices may be given by giving notice as above provided. 11. Af g_Q§s . Metro shall have the right of reasonable access to the Easement Area over and across adjacent lands owned by Grantor to enable Metro to exercise its rights hereunder, provided that Metro shall compensate Grantor for any damage to the Easement Area caused by the exercise of said right of access . 12 . Title. The rights granted herein are subject to permits , leases , licenses, and easements, if any, heretofore granted by Grantor affecting the Easement Area. Grantor does not warrant title to its property and shall not be liable for defects thereto or failure thereof . 13 _ Successors and Assi_ nc� j - The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns _ Effective January 1 , 1994 , Metro will be consolidated with King County, a home rule charter county of the State of Washington, by operation of law. Thereafter , King County shall have all rights , obligations and benefits under this Easement Agreement . 14 . Termination for Breach _ In the event Metro breaches or fails to perform or observe any of the terms and conditions herein, and fails to cure such breach or default within ninety ( 90) days of Grantor ' s giving Metro written notice thereof , or , if not reasonably capable of being cured within such 5 _ 1174LER HF'f� LJ4 "�� V�1:5yt-'I`1 l�db�ybld�lb F'.b/`� ninety (90) days , within such other period of time as may be reasonable in the circumstances , Grantor may terminate Metro ' s rights under this Agreement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor ' s right to terminate for any future breach or default . DATED F/f/ day of2K24C14.--11 1993 . METRO: GRANTOR: Muni ality of 9, 7o, litan Longacres Park, Inc . Seatt BY: BY. ITS 1 P 2 IT Nelson Director, Facilities and SerVICBS STATE OF WASHINGTON) ) ss . COUNTY OF KING On this /?day of 1993 , before me the undersigne personally ppeared J. J. NELSON to me known to be the Vice President of LONGACRES PARK, INC. , the corporation that executed the foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on o h state that he authorized to execute the said instrument . WITNESS my hand and offici`a seal � e -day and year first above written. I Notary Pub ic -i d for the State o W to i g at My commission expires STATE OF WASHINGTON) ) ss . COUNTY OF KING ) On this �� day of �C� 1993 , before me the undersigned per-5ona�appeare �,2. /0aZ,.leJto me known to be the of the MUNICIPALITY OF METROPOLITAN SEA TLE, the corporation that executed the foregoing instrument, and acknowledged the said instrument to 6 _ 1174LER nrr� r�+ � uc.•vuri lGr�oc.�or�.�lo r. (/y be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to . execute the said instrument . WITNESS my hand and official seal hereto affixed the day and year first above written . Notary Public in and for the State 4 Washington residing at My c4mission expires-S-it-yS. _ 7 _ 1174LER -PACIFIC 3025-112th Avenue N-E. P.O.Boy.C-97304 Bellevuc.WA 98009-9304 Exhibit A.1 METRO SANITARY SEWER PERN)(ANENT EASEMENT PHASE 1-A. An easement for the operation and maintenance of a sanitary sewer system in Parcel 1 of the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records, City of Renton, King County, Washington, in Section 24, Township 23 North, Range 4 East, W.M., said easement being on, under, over, and along a strip of land the sidelines of which are described as follows: COMMENCING ar a brass disc monument in the centerline of S.W. 16th Street said monument being at the easterly terminus of a course shown as "N890 37'57"E 199.06"", as said street, monument and course are shown on the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records; thence SOO'22'03"E 30.00 feet to the southerly right-of-way line of S.W. 16th Street and the northerly boundary of Parcel 1 as shown on said Record of Survey-,thence easterly along the northerly boundary of said Parcel I from a tangent that bears N89'37'57"E, along the arc of a curve to the left having a radius of 1940.08 feet and a central angle 02'52'00", an arc length of 97.07 feet; thence tangent to the preceding curve N86045'57"E 4.56 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 1880.08 feet and a central angle of 00'38'40", an arc length of 21.14 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING continuing along the arc of said curve from a tangent that bears N87'24'37"E through a central angle of 00'54'15", an arc length of 29.67 feet; thence along the easterly boundary of said Parcel 1, S08'35'56"W 42.70 feet; thence N79'13'48"E 43.64 feet; thence leaving said boundary line SO1'54'12"E 110.34 feet; thence S88'05'48"W 6.00 feet; thence S01'54'12"E 40.00 feet; thence N88'05'48"E 3-50 feet; thence S01'54'12"E 244.24 feet; thence SO1'00'10"W 670.06 feet to the south line of the N.E_ 1/4 of the S_E_ 114 of said Section 24; thence along said south line N87'26'45"W 56-24 feet to the northwest corner of Parcel B as shown on said Record of Survey; thence along the west line of said Parcel B, S00'56'17"W 68.96 feet to the northeast corner of Parcel. A as shown on said Record of Survey; thence along the north Iine of said Parcel. A, N87'13'57"W 6-37 feet; thence leaving said north line N01'00'10"E 540.28 feet; thence N88'59'50"W 5.00 feet; thence N01'00'10"E 195.31 feet; thence N01054'12"W 337.52 feet; thence N88'05'48"E 5-00 feet; thence N01'54'12"W 90.48 feet to the POINT OF BEGINNING. EXCEPTING therefrom, that portion thereof lying within the previous Metro Easements recorded under Recording Numbers 6113352, 6150815, and 6293685, King County records. The Basis of Bearings for this description is the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records. See Exhibit B_1 Attached ?HLkPEF_14.iF_G 3-16-73 c FWC 3-0917-OIO2 ra 'ON�L'I_J12�5 Surveying Landscape Dtsi (206) 837 0??0 Fax (206) 82'_-53�1 Planning• Engineering• • sr Environmental Services n• e PACIFIC 3025-1121h Avenue N.E. P.O.Box C-97304 Exhibit A.2 Bellevue.WA 98009-9304 METRO SANITARY SEWER PERMANENT EASEMENT PHASE 1-B An easement for the operation and maintenance of a sanitary sewer system in Parcels B and G, of the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records, City of Renton, King County, Washington, in Sections 24 and 25, Township 23 North, Range 4 East, W-M., said easement being on, under, over, and along strips of land the sidelines of which are described as follows: BEGINNING at the northwest corner of Parcel B as shown on the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records; thence from said POINT OF BEGINNING, along the north line of said Parcel B, S87°26'45"E 56.24 feet; thence leaving said north line S01"00'10"W 1461-81 feet to the south line of said Parcel B; thence along the south and west line of said Parcel B, S72°44'48"W 57.75 feet; thence N01°02'56"E 154.52 feet; thence N00'56'17"E 1326.91 feet to the POINT" OF BEGINNING. Also BEGINNING at the southeast corner of Parcel G as shown on the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records; thence from said POINT OF BEGINNING, along the east line of said Parcel G, being the east line of the S-W. 1/4 of the N.E. 114 of Section 25, T.23N., R.4E., W,M., N01°02'56"E789.49 feet;thence leaving said cast line S73'02'52"W29.57 feet; thence S01°02'56"W 779.86 feet to the south Iine of said Parcel G;thence along said south Iine of Parcel G, S87'57'42"E 28.12 feet to the POINT OF BEGINNING. EXCEPTING therefrom, that portion thereof lying within the previous Metro Easements recorded under Recording Numbers 6177848, and 6184981, King County records. The Basis of Bearings for this description is the Record of Survey recorded in Book 85 of Surveys at pages 27-27A, King County records_ See Exhibit B.2 Attached s w / 5MPER)l.r2c 3-16-93 FWC v L 1.taa sv os+�s 4/16/ J (206) 827-0220 Fax (206) 822-53,11 Planning- Enginccring•Surveying• Landscape Design• Environmental Services