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HomeMy WebLinkAboutSWP272171(27) Pa ra metrix, Inc. Consultants in Engineering and Environmental Sciences 5808 Lake Washington Blvd. N.E. Kirkland,WA 98033-7350 206-822-8880•Fax:206-889-8808 Mr. Scott Woodbury JUN 18 1993 June 17, 1993 City of Renton 55-1779-07 200 Mill Avenue South CITY OF REfdTCN Renton, Washington 98055 Engineering Dept. Dear Scott: Enclosed is a draft of Exhibit A - Scope of Work, Exhibit B - Schedule, and Exhibit C - Budget for the City's review and approval. Any additional comments should be sent or faxed to me by Tuesday June 22 so I can finalize the scope in time for inclusion into the packets for the Commission by June 24. Thanks for your comments and input. Please call me at (206) 822-8880 or on the backline number (206) 828-4202 (dial extension 3459) if you have any questions or need additional information. Sincerely, PARAMETRIX, INC. Tracey P.McKenzie Enclosure ��� Printed on Recycled Paper EXHIBIT A SCOPE OF WORK CITY OF RENTON WETLAND MITIGATION BANK Background: The City of Renton proposes to develop and implement a wetland mitigation program and plan that will result in no net loss of wetlands. The project boundary includes land primarily within the City of Renton limits (especially the valley) as well as land outside City limits that may be annexed in the future ("sphere of influence"). The City's overall objective is to facilitate development on private lands and allow public projects that may affect lower quality wetlands by establishing large contiguous wetlands on City property along or nearby Springbrook Creek in the Black River drainage basin. Other objectives of the wetland mitigation program are: • Provide 1:1 replacement for 5.33 acres of impacted Category 3 wetlands according to the agreement between the City and Glacier Park. • Reduce severity of flooding by increasing flood water storage capacity. • Improve the quality of water entering the Green River. • Increase habitat and habitat value for fish and wildlife. Provide passive recreational and educational opportunities. Assumptions: The mitigation sites do not pose significant health risks. Clearance or verification concerning their status will be available from the City. The mitigation program will be a City action and will not be affected by overlying jurisdictions (e.g., drainage districts, METRO). It is understood that the Springbrook Creek right-of-way is owned by King County Drainage District #1. This may necessitate obtaining a construction easement to allow the establishment of a hydraulic connection to Springbrook Creek. This issue will be further evaluated in Tasks 1 B and 1 D below. Approach: Five primary tasks and one optional task have been identified to meet the objectives and are described below. DRAFT 1 55-1779-07 June 17, 1993 h:lusersltraceylrentonlrenton.scp TASK 1A - PROJECT MANAGEMENT Purpose: Project management is necessary to ensure that all aspects of the project are coordinated and managed to meet the objectives on schedule and within budget. Description: This task includes scheduling, budget tracking, invoicing, monthly progress reports to the City, in-house coordination, and coordination with the rest of the project team. Attendance at one meeting to finalize the scope, project coordination, and schedule (meeting occurred May 21, 1993) is included in this task. Products: Progress reports will accompany each invoice and will include a description of activities conducted, progress made, and problems encountered, if any, and their resolution during the reporting period. TASK 1B - REGULATORY/RESOURCE AGENCY COORDINATION AND REQUIREMENTS Purpose: To determine regulatory requirements associated with implementing the mitigation program. To coordinate with resource and regulatory agencies. To determine the type of Memorandum of Agreement (MOA), if any, that would be necessary. Description: Local, state, and federal environmental permitting requirements will be determined based on the project team's knowledge of the environmental regulatory framework and by telephone interviews with local, state, and federal resource agency representatives. Examples of the types of permits that may be required include a construction easement from the drainage district, a shoreline permit, and water diversion permit. Discussions on the City's mitigation program should be coordinated with the state of Washington Departments of Fisheries, Wildlife, and Ecology, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, NOAA/National Marine Fisheries Service, and the U.S. Army Corps of Engineers (Corps). Some of the key regulatory/permitting issues are likely to be associated with compliance of the mitigation program with Section 404 DRAFT 2 55-1779-07 June 17, 1993 h:I users l traceyl renton I renton.scp (b)(1) practicable alternatives guidelines, Hydraulic Project Approval regulations, and consistency with the Shoreline Master Program. Resource agencies will be contacted to verify the potential permitting requirements of implementing a mitigation program on the two mitigation sites. At that time other regulatory and technical issues are likely to be identified. A MOA would be necessary if the City decides to implement a mitigation banking program that allows the placement of fill or dredged material into wetlands larger than 1 acre. The strategy for developing a MOA will need to be determined once the type of mitigation program to be implemented is determined in Task ID. It is probably not realistic to expect that a MOA can be negotiated and agreed to with federal and state agencies during the life of this project.' However, development of the mitigation plan will reflect the elements specific to a MOA. These elements include the allowable, required, and prohibited uses of the mitigation bank and the processes associated with the formation, implementation, operation, debits and credits, management, bank life, and functional evaluation of the mitigation sites. Products: A draft and final list and description of regulatory requirements and permits necessary to implement a mitigation program that can be included as part of the mitigation plan to be developed in Task 1 E. A summary of the issues identified by coordinating with the resource and regulatory agencies that can be incorporated into the mitigation plan (either as a section or an Appendix) developed in Task 1 E. TASK IC - MITIGATION GOALS AND OBJECTIVES AND POLICY ISSUES Purpose: To develop goals and objectives for the overall mitigation program. The identification of specific goals and objectives of the mitigation sites will be developed as part of Task 1E. To define draft eligibility requirements for use of the mitigation sites. To identify policy issues that require resolution by the City. To meet with resource and regulatory agency representatives. ' The Washington Department of Transportation has been negotiating a MOA with state and federal regulatory and resource agencies for well over a year. DRAFT 3 55-1779-07 June 17, 1993 h:I users Wacey lrenton lrenton.scp Description: Preliminary goals and objectives have been developed by the City through their wetland's ordinance and their agreement with Glacier Park. These will be reviewed and any additional goals and objectives will be developed for establishing a mitigation program. Based on the City's review of the preliminary list of goals and objectives, we will prepare a draft final list suitable for presentation and discussion with the resource and regulatory agencies. Additional mitigation program objectives will be based, in part, on the potential future impacts to wetland functions, applicability of replacement ratios (based on City's ordinance), and the type of program (i.e., mitigation banking or off-site mitigation) that could be implemented at the mitigation sites. Eligibility requirements for use of the site will be based on the wetland type and size, functions and values, relative quality of the habitat, required replacement ratios, compliance with sequencing and the City's ordinance, off- site replacement feasibility, and location within the basin's landscape. Three policy issues were identified in the May 21, 1993 kick-off meeting with the City. They are as follows: • Availability of mitigation for public projects • Use of the mitigation sites does not necessarily preclude impacts to Category 2 wetlands (as defined by the City's ordinance) City oversight of the mitigation program versus joint City, state, and federal oversight Other policy issues may be identified during Task ID and will be presented to the City as they are identified. Initial coordination with regulatory agencies and review of the overall goals and objectives for the mitigation program will occur in one meeting. The purpose of the meeting will be to present the City's goals and objectives for the mitigation program, outline the process that the City is undertaking to develop a mitigation program, and to seek input from the agencies on the overall mitigation program. Products: Five draft technical memorandums outlining the goals and objectives will be prepared and submitted to the City for review. Comments from the City will be incorporated into the final discussion of the goals and objectives and will DRAFT 4 55-1779-07 June 17, 1993 h:l users I traceyl renton l renton.scp be included as a section in the mitigation plan developed in Task 1 E. A separate technical memorandum will be prepared outlining the policy issues. Meeting minutes from meeting with resource and regulatory agencies will be transcribed and produced as a document. Assumptions: The City has the ultimate responsibility for making policy decisions. The project team will assist the City in making these decisions through discussions at meetings scheduled under this and other tasks, and through the analysis and preparation of information under Task 1 D. The meeting with the resource agencies will be 2 hours with 1 hour for travel and the meeting will be at the City of Renton office. Option: The meeting with the resource agencies could be deferred until completion of Task 1 D in order to present the results of the conditions assessment along with the goals and objectives. TASK 1D - CONDITIONS ASSESSMENT AND FIELD Purpose: To review baseline information on the physical and biological features of the wetlands and uplands on the mitigation sites. To determine how much and what type of mitigation (in terms of acreage and function) is feasible on the mitigation sites. To determine how much wetland acreage is potentially eligible within the project area to use the mitigation sites. To meet with the Corps at the site to determine if the wetlands within the mitigation areas are above the head waters or adjacent. To conduct a site visit to the mitigation sites and to representative categories of wetlands within the watershed project boundary identified by Jones and Stokes. To meet with the City to review the results of the conditions assessment and evaluate the advantages and disadvantages of the two types of mitigation programs (banking versus off-site) and determine the type of mitigation program that would be the most beneficial to the City. DRAFT S 55-1779-07 June 17, 1993 h:l users ltraceylrentonlrenton.scp Description: Existing information on the mitigation sites and on the biological and physical features of the project area provided by the City will be reviewed and synthesized. The information on the biological and physical features of the mitigation and project areas include the wetland delineation reports prepared by David Evans on the mitigation sites; the wetland inventory information prepared by both the City and Jones and Stokes; a Level 1 Hazardous Substance Assessment Report; aerial photographs; the Black River Water Quality Management Plan; the East Side Green River Watershed Management Plan; the Trail Master Plan, and Comprehensive Park Recreation and Open Space Plan; information pertinent to mitigation sites 1 and 2 including the letter from the Corps of Engineers; pictorial history of valley land uses, wetlands, and fill areas; agreements and restriction; fill plans for Orilla Industrial District; Environmental Assessment by Golder Associates; FEMA/FIRM; title reports; easement information; Level II Environmental Assessment by Golder; preliminary Environmental Assessment by Hart Crowser; recorded plat; wetland surveys; Environmental Assessment by Kennedy Jenks and the Surface Water and Sediment Quality Assessment for Springbrook Creek by Hart Crowser. We will rely primarily on the information and existing data to conduct the conditions assessment, and will conduct a field reconnaissance to supplement the existing data. Of particular importance is to evaluate whether sufficient hydrology is available on the mitigation sites. This will be determined in part by evaluating on-site conditions, topography, aerial photographs, and information in the literature regarding flooding events. Holes will be dug in wetland and upland areas during the site visit to try to characterize the depth of ground water (inundation or saturation) during the dryer months. If holes cannot be dug in the upland portions of the mitigation areas due to soil compaction and type of sediment (e.g., fill) the depth of inundation/saturation within the wetlands can be used along with topographic information to evaluate if sufficient hydrology exists. Opportunities for diverting water from Springbrook Creek into Mitigation Site 2 will also be evaluated. The wetland inventory map completed by Jones and Stokes will be used as a base map of the entire project area. The existing electronic copies of the wetlands delineated in the mitigation sites will be integrated onto a base topographic map produced for the mitigation sites. The topographic map for Mitigation Site 1 will consist of 2-foot contours; Mitigation Site 2 will consist of 1-foot contours (available topography per telephone conversation with Scott Woodbury, June 3, 1993). Both contour maps will be digitized onto AutoCAD from the maps provided by the City. DRAFT 6 55-1779-07 June 17, 1993 h:l users I tracey I renton l renton.scp Other important features will also be incorporated onto the base map of the mitigation sites. The base maps of the mitigation sites will also be produced at a scale suitable for use in preparing the site, grading, and planting plans. The type of mitigation program implemented by the City and the subsequent fee structure will be based on financial information regarding mitigation costs (i.e., planning, site development, implementation, monitoring administration, and maintenance), feasibility of program implementation, financial scenarios for implementing the various site plans developed under Task 1 E below, funding that could be pursued/obtained by the City to reduce the City's overall costs for project implementation, opportunities to obtain up-front financing from developers potentially eligible to use the sites, the extent of mitigation that the sites can accommodate, and the extent and type of wetlands that could potentially be impacted within the project area. A site visit will be conducted at the mitigation sites to correlate the literature information on the sites with current field conditions. In addition, representative wetlands(e.g., one Category 1, one Category 2, and two or three Category 3 wetlands) within the watershed project area (with emphasis on wetlands within city limits), that were identified by Jones and Stokes will be visited to verify the wetland's type and character. The site visit with the Corps will be to verify the "adjacency" status of the wetlands within the mitigation areas. On-site hydrology will be evaluated during the site visit. Product: Task 1D will result in an analysis and five draft reports on opportunities and constraints of the site to meet the overall goals and objectives of the mitigation program, requirements for use of the mitigation sites, and recommendations for the type of mitigation program that could best serve the City's near-term and future needs. Five copies of a draft checklist or matrix identifying conditions under which projects needing mitigation could use the mitigation sites will be prepared as part of the analysis. Five copies of any figures, maps, etc showing any additional information collected during the site visits will be integrated on to the base maps. Parametrix will incorporate the comments from the City into the final mitigation plan developed in Task 1E. Meetings: One meeting is included in this task to review the results of the physical conditions and financial assessments, to discuss and finalize the goals and DRAFT 7 55-1779-07 June 17, 1993 h:lusersltraceylrentonlrenton.scp objectives for the project, and to determine the type of mitigation program to be developed. Assumptions: The meeting will last 3 hours with 1 hour for travel and will be held at the City of Renton office. The wetlands inventoried by Jones and Stokes as well as the other information regarding delineated wetlands written by David Evans, and watershed plans, etc. are basically complete, thorough, and suitable to use to assist in developing the mitigation program. The Corps will be able to visit the site concurrent with the project team will make a determination on the status of the wetlands within the mitigation sites relatively quickly. Parametrix will contact the Corps to make arrangements for a site visit on the same day as the project team in early July. The City will be able to review the draft products and provide comments to the project team within two weeks from the time the information is submitted. A draft "gross" capacity analysis for future industrial, commercial, and residential development will not be available for 2 to 4 weeks (personal communication Scott Woodbury, June 3, 1993). It is anticipated that the capacity study will provide information on future use of lands designated for residential, commercial, and industrial development. Figures and/or text that are or become available showing where changes in land capacity are predicted to occur can be compared to the existing wetland inventory. This comparison can be used to evaluate the types and quantities of wetlands that may be impacted in the future. The project team will use the draft when it becomes available to evaluate existing and proposed land use. If the final capacity analysis is completed by August, 1993, the project team will be able to include the final and more detailed information into the final mitigation plan. Option: The meeting identified in Task IC above could be deferred and incorporated into the meeting identified in Task 1 D. If this option is preferable to the City, we anticipate that the meeting would be at least 3 hours with 1 hour of travel time. TASK 1E: MITIGATION PLAN PREPARATION AND REPORTING Purpose: To prepare a programmatic and technical mitigation plan. DRAFT 8 55-1779-07 June 17, 1993 h:l users I traceyl renton l renton.scp To prepare an overall site plan for the mitigation areas (Alternative 1) and two alternative scenarios (Alternatives 2 and 3) to show a range of implementation costs. To prepare a detailed grading and planting plan for the 5.33 acres of impacted wetlands of immediate concern. To prepare conceptual grading and planting plans for the Alternatives 1 and 2. Description: The mitigation plan will include the following components: the program goals and objectives, mitigation program requirements; results of Tasks 1B, C, and D; monitoring requirements of the sites (construction and post- implementation); maintenance, contingencies, operating costs, and goals and objectives specific to the mitigation sites that will be based, in part, on the potential future impacts to wetland functions; applicability of replacement ratios (based on city's ordinance); and the type of program (i.e., mitigation banking or off-site mitigation) that will be determined in Task 1 D. Three alternative site plans will be prepared ranging from a conceptual overall plan to a detailed plan for the 5.33 acres of immediate concern. An overall conceptual grading and planting plan will be prepared for both mitigation sites (Alternative 1) (assumes full mitigation development). The overall site plan will also include opportunities for access trails and interpretive signs/centers. Alternative 2 will consist of a site plan showing a detailed conceptual grading and planting plan for mitigation development between 5.5 acres and 19.35 acres (amount of upland habitat available on the mitigation sites) and how the phasing of mitigation efforts could occur. Alternative 3 will consist of a detailed grading and planting plan for the 5.33 acres of impacted wetlands of immediate concern. The graphic information presented in the third alternative will be at a detail suitable for use in development in preparing bid specifications. Products: Five copies of the draft mitigation plan complete with figures, tables, and text will be prepared for City review. Parametrix will respond to one round of review comments and prepare a final document. One bound (with associated drawings) and one reproducible (electronic) copy of the final mitigation plan. Meetings: Four meetings are included in this task. The City's tentative scope indicates that the purpose of the meetings will be to discuss the mitigation program DRAFT 9 55-1779-07 June 17, 1993 h:lusersltraceylrentonlrenton.scp protocol, project level goals, site plans, and phasing of mitigation. We propose that the status of the overall project be included as a topic of the meetings. In addition, we propose to hold the first meeting with the City when the project is about 30 percent complete, the second with the City and resource agencies when the plan is about 40 to 50 percent complete, the third with the city when the project is about 80 percent complete, and the fourth meeting when the project is about 90 percent complete (see Exhibit B). We will coordinate with the City regarding agency participation in the fourth meeting. Assumptions: The City will be able to review the draft products and provide comments to the project team within two weeks from the time the information is submitted. The four meetings will be 2 hours with 1 hour of travel time and will be held at the City of Renton office. Option: Based on the City's tentative scope and our approach outlined in our proposal there is no opportunity for agency input during development of the mitigation plan. We have included one meeting in the schedule (see Exhibit B) and proposed budget to meet with the agencies and seek their input when the mitigation plan is about 40 or 50 percent complete. Limitations: The grading plan for Mitigation Site 1 may not be as specific as the plan for Mitigation Site 2 because of differences in contours (2-feet versus 1-foot, respectively). OPTION TASK IF: PUBLIC INVOLVEMENT Purpose: To develop public consensus on the mitigation program. Description: A public workshop should be held to inform the public about the mitigation program and to seek their input. Several media are available to inform and seek input from the public (i.e., public meetings, a public workshop, surveys). Based on our discussion with City of Renton employees working on this project, there was general agreement that one public workshop would be appropriate. Assumptions: Some form of public participation will occur during the project. DRAFT 10 55-1779-07 June 17, 1993 h:l users ltraceylrentonlrenton.scp The City will take the lead in deciding on the type and extent of public involvement that is necessary. The City will take the lead in scheduling and planning for public participation. At least one public participation meeting/workshop will be held. The City would require that a key member of the Parametrix project team be present at the meeting. The public participation meeting/workshop would be 4 to 6 hours, including travel. The meeting/workshop results in one more meeting than those that are included in the scope and budget. Project team participation and material suitable for presentation would result in increased expenses. DRAFT 11 55-1779-07 June 17, 1993 h:lusersltraceylrentonlrenton.scp EXHIBIT B DRAFT SCHEDULE OF COMPLETION CITY OF RENTON WETLAND MITIGATION PROGRAM May June July August September October November December IA Project Management Kick-off Meeting ❑ Notice to Proceed ❑ 1B Regulatory Coordination/Requirements 1C Goals and Objectives Meet with Agencies* MAN 1D Field and Conditions Mapping Office Assessment Field Analysis/Report City Review Meet with City Meet with Agencies** 1C Mitigation Plan -- -- Programmatic Plan -- -- -- Technical Plan Alternative Site Plan 1 (entire site) Alternative Site Plan 2 "`'"' Alternative Site Plan 3 Meetings with City 30% 80% 90% Draft Report Review Meet with Agencies 50% Final Report 1D Public Involvement *This meeting could be deferred to Task ID **This meeting could be in lieu of meeting identified in Task 1C Exhibit C Cost Estimate City of Renton Wetland Mitigation Program Task l A Task 1 B Task 1 C Task 1 D Task l E PMX Hours 36 12 18 135 186 PMX Labor $963 $312 $468 $2,983 $3,899 Overhead(169%) $1,627 $527 $791 $5,041 $6,590 PMX Subtotal $2,590 $839 $1,259 $8,024 $10,489 Fee(12.5%) $324 $105 $157 $1,003 $1,311 Dircet Costs $14 $0 $14 $154 $259 PMX Total $2,928 $944 $1,430 $9,181 $12,059 TAL Hours 23 3 4 34 125 TAL Labor $1,700 $255 $340 $2,800 $6,350 Direct Costs $100 $0 $0 $200 $500 TAL subtotal $1,800 $255 $340 $3,000 $6,850 Handling Fee $180 $26 $35 $300 $685 TAL total $1,980 $281 $375 $3,300 $7,535 Project Total $4,894 $1,225 $1,805 $12,481 $19,594 $39,999 CAG-93-080 ENGINEERING CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this /9.�1i" , day of Q3t 19-23, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPO ON HEREINAFTER CALLED THE ' "CITY," and the consulting firm PARAMETRIX, INC. whose address is, 5808 Lake Washington Blvd NE, Kirkland, WA 98033 at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: WETLAND MITIGATION BANK PLAN WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: c:93337/bh I I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant and shall be so certified by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." c:93337/bh 2 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the Agency and furnished to the consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE AGENCY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. c:93337/bh 3 All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection. The �C nf e Should field studies be needed, the Consultant will perform such work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by December 31, 1994 notwithstanding delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. c:93337/bh 4 Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other parry. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $39,999 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 162 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of 1.10 times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 10 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours c:93-337/bh 5 therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK'). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. c:93337/bh 6 VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section Vill. VM EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation c:93337/bh 7 Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or terminations; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. c:93-337/bh 8 In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall bt paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. c:93337/bh 9 XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either parry is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's negligence or breach of any of its obligations under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents, officers and employees, this idemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extends of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of$1.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Consultant shall furnish copies of the declarations pages of relevant insurance policies to the City prior to execution of this Agreement. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The c:93337/bh 10 Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of thirty days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. NW SUBLETTING OR ASSIGNING OF CONTRACTS The consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE.AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. c:93-337/bh 11 XVH EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON i BY Signature Date Signature Date Earl Clymer, Mayor type or print name Pr'��\ ATE EST: Title B ` Approved as to Lesl Form: Signatu Date Marilyn J. Vetersen BY: City Clerk Lawr e J. Warren, City Attorney c:93-337/bh 12 EXHIBIT A SCOPE OF WORK CITY OF RENTON WETLAND MITIGATION BANK Background: The City of Renton proposes to develop and implement a wetland mitigation program and plan that will result in no net loss of wetlands. The project boundary includes land primarily within the City of Renton limits (especially the valley) as well as land outside City limits that may be annexed in the future ("sphere of influence"). The City's overall objective is to establish large contiguous wetlands on City property along or nearby Springbrook Creek in the Black River drainage basin. These wetlands will be used to offset impacts to lower quality wetlands by private and public development that may occur in the same drainage basin. Other objectives of the wetland mitigation program are: No net loss of wetlands. Provide 1:1 replacement for 5.33 acres of impacted Category 3 wetlands according to the agreement between the City and Glacier Park. Reduce severity of flooding by increasing flood water storage capacity. Improve the quality of water entering the Green River. Increase habitat and habitat value for fish and wildlife. Provide passive recreational and educational opportunities. Increase groundwater recharge. Assumptions: The mitigation sites do not pose significant health risks. Clearance or verification concerning their hazardous waste status will be available from the City. The City will coordinate elements necessary for implementation of the completed programmatic and technical mitigation plan with the overlying jurisdictions. For example, it is understood that the Springbrook Creek right- of-way is owned by King County Drainage District #1. This may necessitate obtaining a construction easement to allow the establishment of a hydraulic June 25, 1993 1 55-1779-07 h:I users I traceyl renton I renton2.scp connection to Springbrook Creek. The City would be responsible for ensuring that the easement would be granted. This issue will be further evaluated in Tasks 1 B and 1 D below. Approach: Five primary tasks and one optional task have been identified to meet the objectives and are described below. Products: All final products shall be submitted both as camera ready hard copy, and on 3-1/2" computer disks. Computer files shall be in AutoCad. Geo-Sequel, Microsoft Word, Excel, or Microsoft Project format. TASK 1A - PROJECT MANAGEMENT Purpose: Project management is necessary to ensure that all aspects of the project are coordinated and managed to meet the objectives on schedule and within budget. Description: This task includes scheduling, budget tracking, invoicing, monthly progress reports to the City, meeting minutes and agenda, in-house coordination, and coordination with the rest of the project team. Meetings: Attendance at one meeting to finalize the scope, project coordination, and schedule (meeting occurred May 21, 1993) is included in this task. Products: Progress reports will accompany each invoice and will include a description of activities conducted, progress made, and problems encountered, if any, and their resolution during the reporting period. Meeting minutes (except for the first kick-off meeting) and agenda will be prepared by Parametrix and submitted to the City. TASK 1B - REGULATORY/RESOURCE AGENCY COORDINATION AND REQUIREMENTS Purpose: To determine regulatory requirements and process associated with implementing the mitigation program. To coordinate with resource and regulatory agencies. To determine the type of agreement that would be necessary (perhaps a memorandum of agreement) and develop a draft of such an agreement. June 25, 1993 2 55-1779-07 h:I users I tracey I renton I renton2.scp Description: Local, state, and federal environmental permitting requirements will be determined based on the project team's knowledge of the environmental regulatory framework and by telephone interviews with local, state, and federal resource agency representatives. Examples of the types of permits that may be required include a construction easement from the drainage district, a shoreline permit, and water diversion permit and clearing and grading construction permits. Discussions on the City's mitigation program should be coordinated with the state of Washington Departments of Fisheries, Wildlife, and Ecology, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, NOAA/National Marine Fisheries Service, and the U.S. Army Corps of Engineers (Corps). Some of the key regulatory/permitting issues are likely to be associated with compliance of the mitigation program with Section 404 (b)(1) practicable alternatives guidelines, Hydraulic Project Approval regulations, and consistency with the Shoreline Master Program. Resource agencies will be contacted to verify the potential permitting requirements of implementing a mitigation program on the two mitigation sites. At that time other regulatory and technical issues are likely to be identified. A MOA would be necessary if the City decides to implement a mitigation banking program that allows the placement of fill or dredged material into wetlands larger than 1 acre. The strategy for developing a MOA will need to be determined once the type of mitigation program to be implemented is determined in Task ID. It is probably not realistic to expect that a MOA can be negotiated and agreed to with federal and state agencies during the life of this project.' However, development of the mitigation plan will reflect the elements specific to a MOA. These elements include the allowable, required, and prohibited uses of the mitigation bank and the processes associated with the formation, implementation, operation, debits and credits, management, monitoring, bank life, and functional evaluation of the mitigation sites. Products: A draft agreement and draft and final list and description of regulatory requirements and permits necessary to implement a mitigation program that can be included as part of the mitigation plan to be developed in Task 1 E. A summary of the issues and solutions identified by coordinating with the resource and regulatory agencies that can be incorporated into the mitigation plan (either as a section or an Appendix) developed in Task 1 E. The Washington Department of Transportation has been negotiating a MOA with state and federal regulatory and resource agencies for well over a year. June 25, 1993 3 55-1779-07 h:I users I traceyl renton I renton2.scp TASK IC - MITIGATION GOALS AND OBJECTIVES AND POLICY ISSUES Purpose: To develop goals and objectives for the overall mitigation program. The 161?A3 flAtim *AA&- identification of specific goals and objectives of the mitigation sites will be developed as part of Task 1 E. 10/_03 WLIVI� C)fiAFr To define draft eligibility requirements for use of the mitigation sites. >c%143 P41,o- OPAer To identify policy issues that require resolution by the City and provide recommendations for solutions to these issues. 912I/IS LYr� p ?d >asr To meet with resource and regulatory agency representatives. . 9U"7 tA�Jc , Description: Preliminary goals and objectives have been developed by the City through their wetland's ordinance and their agreement with Glacier Park. These will be reviewed and any additional goals and objectives will be developed for establishing a mitigation program. Based on the City's review of the preliminary list of goals and objectives, Parametrix will prepare a draft and final list suitable for presentation and discussion with the resource and regulatory agencies. Additional mitigation program objectives will be based, in part, on the potential future impacts to wetland functions, and acreage, applicability of replacement ratios (based on City's ordinance), and the type of program (i.e., mitigation banking or off-site mitigation) that could be implemented at the mitigation sites. Eligibility requirements for use of the site will be based on the wetland type and size, functions and values, relative quality of the habitat, required replacement ratios, compliance with sequencing and the City's ordinance, off- site replacement feasibility, and location within the basin's landscape. Two policy issues were identified in the May 21, 1993 kick-of meeting with the City. They are as follows: • Availability of mitigation for public projects • Use of the mitigation sites does not necessarily preclude impacts to Category 2 wetlands (as defined by the City's ordinance) Other policy issues may be identified during Task 1 D and will be presented to the City as they are identified. June 25, 1993 4 55-1779-07 h:I users I traceyl renton I renton2.scp Meetings: Initial coordination with regulatory agencies and review of the overall goals and objectives for the mitigation program will occur in one meeting. The purpose of the meeting will be to present the City's goals and objectives for the mitigation program, outline the process that the City is undertaking to develop a mitigation program, and to seek input from the agencies on the overall mitigation program. io/7/93 Products: Five draft technical memorandums outlining the goals and objectives will be &ppAr-r prepared and submitted to the City for review. Comments from the City will Ol fOLIc.)Qs be incorporated into the final discussion of the goals and objectives and will be included as a section in the mitigation plan developed in Task I.E. A separate technical memorandum will be prepared outlining the policy issues. �/2�jd3 �rr /enEo To rrase Agenda and meeting minutes from meeting with resource and regulatory ID agencies will be transcribed and produced as a document. '8 Assumptions: The City has the ultimate responsibility for making policy decisions. The project team will assist the City in making these decisions through discussions at meetings scheduled under this and other tasks, and through the analysis and preparation of information under Task ID. The meeting with the resource agencies will be 2 hours with 1 hour for travel and the meeting will be at the City of Renton office. TASK 1D - CONDITIONS ASSESSMENT AND FIELD WORK Purpose: To review baseline information on the physical and biological features of the watershed and mitigation sites related to wetland creation on the mitigation sites. To determine how much and what type of mitigation (in terms of acreage and function) is feasible on the mitigation sites. To determine how much wetland acreage is potentially eligible within the project area to use the mitigation sites. To meet with the Corps at the site to determine if the wetlands within the mitigation areas are above the head waters or adjacent. June 25, 1993 5 55-1779-07 h:I users I traceyl rent on I renton2.scp To conduct a site visit to the mitigation sites and to representative categories of wetlands within the watershed project boundary identified by Jones and Stokes. To meet with the City to review the results of the conditions assessment and evaluate the advantages and disadvantages of the two types of mitigation programs (banking versus off-site) and determine the type of mitigation program that would be the most beneficial to the City. To meet with resource agencies to review results of task. Description: Existing information on the mitigation sites and on the biological and physical features of the project area provided by the City will be reviewed and synthesized. Important physical and biological factors include: topography; soils; vegetation; habitat, hydrologic conditions, including surface and ground water quality and quantity, and future basin-wide storm water projects; position of the sites in the landspace relative to other bodies of water, upland and wetland habitats, existing fish and wildlife populations, and existing and proposed land uses adjacent to the mitigation sites. The information on biological and physical features of the mitigation and project area include, but are not limited to, the wetland delineation reports prepared by David Evans on the mitigation site; the wetland inventory information prepared by both the City and Jones and Stokes; a Level 1 Hazardous Substance Assessment Report; aerial photographs; the Black River Water Quality Management Plan; the East Side Green River Watershed Management Plan; the Trail Master Plan, and Comprehensive Park Recreation and Open Space Plan; information pertinent to mitigation sites 1 and 2 including the letter from the Corps of Engineers; pictorial history of valley land uses, wetlands, and fill areas; agreements and restriction; fill plans for Orilla Industrial District; Environmental Assessment by Golder Associates; FEMA/FIRM; title reports; easement information; Level II Environmental Assessment by Golder; preliminary Environmental Assessment by Hart Crowser; recorded plat; wetland surveys; Environmental Assessment by Kennedy Jenks and the Surface Water and Sediment Quality Assessment for Springbrook Creek by Hart Crowser. We will rely primarily on the information and existing data to conduct the conditions assessment, and will conduct a field reconnaissance to supplement the existing data. In addition, Parametrix must be familiar with the relative City codes, including the Wetlands Ordinance, Surface Water Ordinance, Grade and Fill Ordinance, and the Shoreline Master Program. Of particular importance is to evaluate whether sufficient hydrology is available on the mitigation sites. This will be determined in part by evaluating June 25, 1993 6 55-1779-07 h:I users I tracev I renton I renton2.scp on-site conditions, topography, aerial photographs, and information in the literature regarding flooding events. Test pits will be manually excavated in wetland and upland areas during the site visit to try to characterize the depth of ground water (inundation or saturation) during the dryer months. Opportunities for diverting water from Springbrook Creek into Mitigation Site 2 will also be evaluated. The City will provide backhoe excavator services for upland excavation on the mitigation sites. Parametrix shall notify the City a minimum of two weeks prior to the site visit and shall determine the number and location of test pits. The wetland inventory map completed by Jones and Stokes will be used as a base map of the entire project area. The existing survey of the wetlands delineated in the mitigation sites will be integrated onto a base topographic map produced for the mitigation sites. The base topographic map, and any other maps created, must be consistent with the City's Geo-Sequal and AutoCad system. All maps will be prepared in accordance with City drafting standards. The topographic map for Mitigation Site 1 will consist of 2-foot contours; Mitigation Site 2 will consist of 1-foot contours (available topography per telephone conversation with Scott Woodbury, June 3, 1993). Both contour maps will be digitized onto AutoCAD from the maps provided by the City. Other important features will also be incorporated onto the base map of the mitigation sites. The base maps of the mitigation sites will also be produced at a scale suitable for use in preparing the site, grading, and planting plans. The type of mitigation program implemented by the City and the subsequent fee structure will be based on financial information regarding mitigation costs (i.e., planning, site development, implementation, monitoring administration, and maintenance), feasibility of program implementation, financial scenarios for implementing the various site plans developed under Task 1 E below, funding that could be pursued/obtained by the City to reduce the City's overall costs for project implementation, opportunities to obtain up-front financing from developers potentially eligible to use the sites, the extent of mitigation that the sites can accommodate, and the extent and type of wetlands that could potentially be impacted within the project area. A site visit will be conducted at the mitigation sites to correlate the literature information on the sites with current filed conditions. In addition, representative wetlands(e.g., one Category 1, one Category 2, and two or three Category 3 wetlands) within the watershed project area (with emphasis on wetlands within city limits), that were identified by Jones and Stokes will be June 25, 1993 7 55-1779-07 h:I users I traceyl renton I renton2.scp visited to verify the wetland's type and character. The site visit with the Corps will be to verify the "adjacency" status of the wetlands within the mitigation areas. On-site hydrology will be evaluated during the site visits. Product: Task ID will result in an analysis and five draft reports on opportunities and constraints of the site to meet the overall goals and objectives of the mitigation program, requirements for use of the mitigation sites, and recommendations for the type of mitigation program that could best serve the City's near-term and future needs. Five copies of a draft checklist or matrix identifying conditions under which projects needing mitigation could use the mitigation sites will be prepared as part of the analysis. Five copies of any figures, maps, etc., showing any additional information collected during the site visits will be provided to the City. This information will be integrated onto the base maps. One set of completed base map drawings and electronic copy shall be submitted to the City. Parametrix will incorporate the comments from the City into the final mitigation plan developed in Task 1 E. Meetings: One meeting is included in this task to review the results of the physical conditions and financial assessments, to discuss and finalize the goals and objectives for the project, and to determine the type of mitigation program to be developed. One meeting will be held with resource agencies to present results of this task. The purpose of this meeting will be to present and seek input on the goals and objectives of the project and mitigation program. If time permits, Parametrix will also present the site plan for Alternative 1. Assumptions: One meeting with the City will be 2 hours with 1 hour of travel time and the agency meeting will be three hours with hour of travel. The wetlands inventoried by Jones and Stokes as well as the other information regarding delineated wetlands written by David Evans, and watershed plans, etc. are basically complete, thorough, and suitable to use to assist in developing the mitigation program. The Corps will be able to visit the site concurrent with the project team will make a determination on the status of the wetlands within the mitigation sites June 25, 1993 8 55-1779-07 h:I users I traceyl renton I renton2.scp relatively quickly. Parametrix will contact the Corps to make arrangements for a site visit on the same day as the project team in early July. The City will be able to review the draft products and provide comments to the project team within two weeks from the time the information is submitted. A draft capacity analysis for future industrial, commercial, and residential development will not be available for 2 to 4 weeks (personal communication Scott Woodbury, June 3, 1993). It is anticipated that the capacity study will provide information on future use of lands designated for residential, commercial, and industrial development. Figures and/or text that are or become available showing where changes in land capacity are predicted to occur can be compared to the existing wetland inventory. This comparison can be used to evaluate the types and quantities of wetlands that may be impacted in the future. The project team will use the draft when it becomes available to evaluate existing and proposed land use. If the final capacity analysis is completed by August, 1993, the project team will be able to include the final and more detailed information into the final mitigation plan. TASK 1E: MITIGATION PLAN PREPARATION AND REPORTING Purpose: To prepare a programmatic and technical mitigation plan. To prepare an overall site plan for the mitigation areas (Alternative 1) and two alternative scenarios (Alternatives 2 and 3) to show a range of implementation costs. To prepare a detailed grading and planting plan for the 5.33 acres of impacted wetlands of immediate concern. To prepare conceptual grading and planting plans for the Alternatives 1 and 2. Description: The programmatic plan will include the following components: the program goals and objectives, mitigation program requirements; results of Tasks 1 B, C, and D; monitoring requirements of the sites (construction and post- implementation); maintenance, contingencies, operating costs, and goals and objectives specific to the mitigation sites that will be based, in part, on the potential future impacts to wetland functions and acreage; applicability of replacement ratios (based on city's ordinance); and the type of program (i.e., mitigation banking or off-site mitigation) that will be determined in Task ID. June 25, 1993 9 55-1779-07 h:I users I traceyl renton I renton2.scp Three alternative site plans will be prepared ranging from a conceptual overall plan to a detailed plan for the 5.33 acres of immediate concern. An overall conceptual grading and planting plan will be prepared for both mitigation sites (Alternative 1) (assumes full mitigation development). The overall site plan will also include opportunities for access trails and interpretive signs/centers. Alternative 2 will consist of a site plan showing a detailed conceptual grading and planting plan for mitigation development between 5.5 acres and 19.35 acres (amount of upland habitat available on the mitigation sites) and how the phasing of mitigation efforts could occur. Alternative 3 will consist of a detailed grading and planting plan for the 5.33 acres of impacted wetlands of immediate concern. The graphic information presented in the third alternative will be at a detail suitable for use in development in preparing bid specifications in accordance with the City of Renton drafting standards. Products: The final plan shall include a title page; executive summary; table of contents; list of figures, tables and appendices; and glossary of terms. Five copies of the draft mitigation plan complete with figures, tables, and text will be prepared for City review. Parametrix will respond to one round of review comments and prepare a final document. One bound (with associated drawings) and one camera-ready reproducible (electronic) copy of the final mitigation plan. Display size graphics of the three alternatives plans will also be submitted. Meetings: Four meetings are included in this task. The purpose of the meetings will be to discuss the mitigation program protocol, project level goals, site plans, phasing of mitigation, and status of the overall project. The first meeting with the City will be held when the project is about 30% complete, the second with the City when the project is about 70% complete, the third with the City and resource agencies with the project is about 75% complete, and the fourth meeting when the project is about 90% complete (see Exhibit B). Parametrix will coordinate with the City regarding agency participation in the fourth meeting. Assumptions: The City will be able to review the draft products and provide comments to the project team within two weeks from the time the information is submitted. The four meetings will be 2 hours with 1 hour of travel time and will be held at the City of Renton office. June 25, 1993 10 55-1779-07 h.I users I tracey I renton I renton2.scp Limitations: The grading plan for Mitigation Site 1 may not be as specific as the plan for Mitigation Site 2 because of differences in contours (2-feet versus 1-foot, respectively). OPTION TASK IF: PUBLIC INVOLVEMENT Purpose: To develop public consensus on the mitigation program. Description: A public workshop should be held to inform the public about the mitigation program and to seek their input. Several media are available to inform and seek input from the public (i.e., public meetings, a public workshop, surveys). Based on our discussion with City of Renton employees working on this project, there was general agreement that one public workshop would be appropriate. Assumptions: Some form of public participation will occur during the project. The City will take the lead in deciding on the type and extent of public involvement that is necessary. The City will take the lead in scheduling and planning for public participation. At least one public participation meeting/workshop will be held. The City would require that a key member of the Parametrix project team be present at the meeting. The public participation meeting/workshop would be 4 to 6 hours, including travel. Project team participation and material suitable for presentation would result in increased expenses. June 25, 1993 11 55-1779-07 h:I users I tracey I renton I rent on2.scp 1993 June 1993 July 1993 August 1993 September 1993 October 1993 November 1993 December 1993 Name 5/16 5/23 5/30 6/6 6/13 6I20 627 7/4 7/11 7/19 7125 1 9/1 1 8/8 8/15 8/22 U29 9/5 9/12 9/19 9/26 10/3 10/10 10/17 10/24 10/31 11/7 11114 11/21 11/28 12/5 12/12 12/19 12/26 Project Management Kick-off Meeting Notice to Proceed Regulatory Coordination/Requirements Goals and Objectives and Policies Field and Conditions Mapping Office Assessment Field Analysis Report City Review Meet with City Meet with Agencies Mitigation Plan Programmatic Plan Technical Plan Altemative Site Plan I Alternative Site Plan 2 Alternative Site Plan 3 Meetings with City(30%) Meeting with City(70%) Meeting with City(90%) Draft Report Review Meet with Agencies Final Report Public Involvement Project:City of Renton Critical Milestone Summary EXHIBIT B DRAFT SCHEDULE OF COMPLETION CITY OF RENTON WETLAND MITIGATION PROGRAM May June July August September October November December IA Project Management Kick-off Meeting ❑ Notice to Proceed ❑ 1B Regulatory Coordination/Requirements 1C Goals and Objectives Meet with Agencies 1D Field and Conditions Mapping Office Assessment Field Analysis/Report City Review Meet with City Meet with Agencies I Mitigation Plan _ _ IN NINE= Programmatic Plan __ __ -- Technical Plan Alternative Site Plan 1 (entire site) __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Alternative Site Plan 2 Alternative Site Plan 3 Meetings with City 30% WA= 70% 90/o Draft Report Review Meet with Agencies 75% Final Report IF Public Involvement Legend: C = specific dates -- = preparation/evaluation/analysis of information to complete subtask designates range of time where meetings will be scheduled and held reflects entire length of time to complete task when work actually occurs to complete task review by City Exhibit C Cost Estimate City of Renton Wetland Mitigation Program Task l A Task 1 B Task 1 C Task 1 D Task l E PMX Hours 36 12 18 135 186 PMX Labor $963 $312 $468 $2,983 $3,899 Overhead(169%) $1,627 $527 $791 $5,041 $6,590 PMX Subtotal $2,590 $839 $1,259 $8,024 $10,489 Fee(12.5%) $324 $105 $157 $1,003 $1,311 Dircet Costs $14 $0 $14 $154 $259 PMX Total $2,928 $944 $1,430 $9,181 $12,059 TAL Hours 23 3 4 34 125 TAL Labor $1,700 $255 $340 $2,800 $6,350 Direct Costs $100 $0 $0 $200 $500 TAL subtotal $1,800 $255 $340 $3,000 $6,850 Handling Fee $180 $26 $35 $300 $685 TAL total $1,980 $281 $375 $3,300 $7,535 Project Total $4,894 $1,225 $1,805 $12,481 $19,594 $39,999 EXHIBIT "C" PARAMETRIX, INC. COST PLUS NET FEE DETERMINATION 1993 Fee Schedule Personnel Hourly Rate Principal $38.00 - $45.00 Project Manager $26.00 - $39.00 Engineer V $26.00 - $39.00 Engineer IV - $24.00 - $28.00 Engineer III $21.00 - $25.00 Engineer H $18.00 - $22.00 Engineer I $16.00 - $19.00 Biologist IV $26.00 - $30.00 Biologist III $24.00 - $28.00 Biologist H $18.00 - $22.00 Biologist I $15.00 - $19.00 Public Relations Specialist $17.00 - $20.00 Design Technician $16.00 - $20.00 AutoCad Operator/Drafter $1450 - $16.00 Word Processor $12.00 - $15.00 Editor $18.00 - $20.00 Graphic Artist $1350 - $17.00 Technical Aide $12.00 - $14.00 Clerical $9.00 - $12.00 Overhead 169% Fee 12.5% Outside expenses markup 15% Subconsultant markup 10% EXHIBIT C (Continued) PARAMETRIX, INC. OVERHEAD RATE TEN MONTHS ENDING 10/31/91 DIRECT LABOR 4,824,000 OVERHEAD EXPENSES Administrative and clerical salaries 2,445,018 Employee benefits 1,151,673 Profit sharing expenses 350,000 Payroll taxes 677,944 Telephone and postage 209,456 Office rent 639,888 Insurance 177,680 Promotion and proposal expenses 1,020,168 Prints, Xerox and drafting supplies 144,966 Automobile expenses 39,483 Education and training 54,654 Recruiting costs 67,203 Business meals 38,861 Depreciation 273,343 Office travel 87,761 Business taxes and licenses 309,986 Office supplies and expenses 505,941 Equipment and auto rent 15,031 Equipment and supplies 63,075 Professional fees 139,346 Repairs and maintenance 37,973 Computer supply and repair 54,142 Miscellaneous 53,755 TOTAL 8,557,347 CALCULATED OVERHEAD RATE 177.39% CONTRACT OVERHEAD RATE 169% EXHIBIT "C" PARAMETRIX, INC. EQUIPMENT USE RATES (Effective January 1993) Unit Code Equipment Item Rate Category Ballers BAC Bailers, Acrylic $6/day Groundwater Sampling BPV Bailers, PVC $5/day Groundwater Sampling BTF Bailers, Teflon $20/day Groundwater Sampling BSS Bailers, Stainless Steel $5/day Groundwater Sampling Boat Equipment CAN 17' Canoe $36/day Boats and Auxiliary Equipment RAF Rubber Raft $30/day Boats and Auxiliary Equipment A26 26' Almar Sounder $450/day Boats and Auxiliary Equipment B21 21' Boston Whaler $350/day Boats and Auxiliary Equipment B17 17' Boston Whaler $I80/day Boats and Auxiliary Equipment SNO Snorkel Gear (inc.'s wet/dry suit) $60/day Diving Equipment DEP Depth Sounder $20/day Boats and Auxiliary Equipment SCU Scuba Diving Equipment/Diver $150/day Diving Equipment DIV Diving Insurance $1,000/day Diving Equipment REC Recording Fathometer $20/day Boats and Auxiliary Equipment Parametri; Inc. Equipment We Rater (Effective January 1993) 1 EXHIBIT "C" (Continued) Unit Code Equipment Item Rate Category Cellular Phone C1,I1 Cellular Phone $5/day Field Inspection Computers TCU 'Technical Computer Usage $8/hour Computers CAD CADD Computer $15/hour Computers GIS GIS Sunstation $25/hour Computers CCD Construction Criteria Base Program $10/hour Computers Plotters PEN 8 Pen Plotter $5/plot Computers MIX P1XL Plotter $2/plot Computers YEO Yeoman Plotter $50/week Computers DRA Electro. Plotter/Drafts $5/plot Computers FIN Electro. Plotter/Final $20/plot Computers CPK IIP Color Printer - Letter $1.75/page Computers CPP IIP Color Printer - Legal $2.25/page Computers CPC IIP Color Printer - 11 X 17 $3.00/page Computers Pamn►etrir, Inc. Equipment Use Raw (Effective January 1993) 2 EXHIBIT "C" (Continued) Unit Code Equipment Item Rate Category Copying' COP Tn-house Photocopies $.10/each Tleallh and Safely LVA Level Tl $190/day health and Safety LVC Level C $90/day Health and Safety LVD Level D $25/day llealth and Safety Mall ' In-house Standard Mail $0 No Charge reimbursable In-house Large Envelopes/Packages Actual Cost Mail reimbursable In-house Express/Overnight Mall Actual Cost Mail reimbursable In-house Couriers Actual Cost Mail reimbursable 'Does not include staff labor costs in photocopying. Cost recorded by receptionist at the time of mailing. Attach project number to your mailing. Paraineuk Inc. Equipment Use Rates (Effective Jaimary 1993) 3 EXHIBIT "C" (Continued) Unit Code Equipment Item Rate Category Meters PliC Meter, pH/Conductivity $30/day Groundwater Sampling PlIM Meter, pFi $l0/day Groundwater Sampling OXY Meter, Dissolved Oxygen $30/day Groundwater Sampling SWO Meter, Swo(fer Flow $40/day Biological Sampling SAL Meter, Salinity/Conductivity $24/day Oceanography and Water Quality SA'I' Meter, Saturometer $15/day Oceanography and Water Quality COR Meter, Corning Checkmate (pH, PO) $40/day Biological Sampling `I'UR Meter, '1'urbidimeter $24/day Oceanography and Water Quality Mileage MIL Employee mileage $.28/mile Mileage CV'I' Company Vehicle=Trucks/Vans $.40/mile Mileage CVA Company Vehicle/Autos $.28/mile Mileage SUR Field Survey Truck, Inc. Equipment $12/hour Field & Construction Survey Equipment Nets PIIY Net, Phytoplanklon $17/day Biological Sampling ZOO Net, 'Looplankton $17/day Biological Sampling Panametrit, Inc. Equipment Use Rates (Effective January 1993) 4 EXHIBIT "C" (Continued) Unit Code Equipment Item Rate Category NET Net, Gill (40m) $50/day Biological Sampling KIC Net, Kick $15/day Biological Sampling BEN Net, Bentbic Invertebrate $10/day Biological Sampling PUR Net, Purse Seine (30m) $36/day Biological Sampling PON Net, Pond Seine $10/day Biological Sampling BEA Net, Beach Seine (30m) $36/day Biological Sampling TRP Traps, Pier Face $75/day Biological Sampling TRL Trawl, Beam $30/day Biological Sampling Samplers SUR Sampler, Surber Bottom $15/day Biological Sampling DWG Sampler, Deep Water Grab $35/day Biological Sampling SPO Sampler, Split Spoon $10/day Soil Sampling EPI Sampler, Epibenthic $35/day Biological Sampling ISC Sampler, Isco $36/day Oceanography and Water Quality SWG Sampler, Shallow Water Grab $15/day Biological Sampling SOI Sampler, Surface Soil $10/day Soil Sampling SIIK Electroshocker, Backpack $40/day Biological Sampling BOT Sampling Bottle, Scott Richards $12/day Oceanography and Water Quality Pammetti; Inc. Equipment Use Rates (Effective January 1993) 5 EXHIBIT "C" (Continued) Unit Code Equipment Item Rate Category GK13 Van Veen Grab (0.1►n 2) $40/day Biological Sampling SLO Slope Water Level, Indicator $10/day Gas Group Equipment 131V Bivalve Dredge $25/day Biological Sampling 'I'eleplione Long Distance $0/call No Charge Video CAM Camcorder $50/day Air Quality OVA OVA $150/day Air Monitoring Equipment OVh1 OVM $100/day Air Monitoring Equipment TIP Micro-'rip $100/day Air Monitoring Equipment MSA MSA (360,361) $45/day Air Monitoring Equipment Ill I'll) 11 $100/day Air Monitoring Equipment GAS Gastech 1929 OX $40/day Gas Group Equipment GSP Gas Sampling Package $75/day Gas Group Equipment Panurjelrir, Inc. Equipment Use Raw (EJrecf4v January 1993) 6 EXHIBIT "C" (Continued) Unit Code Equipment item Rate Category G D A Gas Data Analysis Program $50/day Gas Group Equipment DMB Diesel Motor Blower (test) $150/day Gas Group Equipment MIC Lab Microscope Package $25/day Laboratory DIG Digital Temperature Probe $5/day Groundwater Sampling PRI Blue Prints $1/print DEV Development Pump $65/day Groundwater Sampling EXS Exposure Stilts, Freezing Temp. $25/each Oceanography and Water Quality GLO Global Positioning System $75/day Oceanography and Water Quality DES Destroyed Tubes $36/tuba STA Stainless Steel Shelby Tubes $6/mbe TUB Tubing, #15 Silicone $2/foot Groundwater Sampling FIV Field Inspection Vehicle $20/day+mileage Field Inspection SVE Benthic Sieves (Imm 0.25mm) $12/day AUG Hand Auger $35/day Soil Sampling LOR Loran C $50/day Oceanography and Water Quality SOU Sounder $10/day Groundwater Sampling CEN Table Top Centrifuge $20/clay Laboratory CUB Cubitainers $1/each Groundwater Sampling ROP Polyethylene Rope $0.15/foot Groundwater Sampling Parametric Inc. Equipment We Rater (Effective January 1993) 7 EXHIBIT "C" (Continued) Unit Code Equipment Item Rate Category PAR Paravane Surface Drogues $10/day Oceanography and Water Quality WIN Windowshade Drogues $12/day Oceanography and Water Quality SEU Sediment Corer (liners extra) $72/day Oceanography and Water Quality EXP Explosion Proof Fan $250/day Soil Sampling F I L Filters, GEO 0.45m disposable $15/each Groundwater Sampling STF Storage Freezer $30/month GEN Electric Generator $18/day GEO Geopurnp $15/day Groundwater Sampling IIYD Ilydrolab $100/day Oceanography and Water Quality ramme(rix, Inc. (E/fec(i►t January 1993) 8 Equi rmenr Use Rarer Xr CITY OF RENTON Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann,Administrator June 24, 1993 Ms. Tracey McKenzie Parametrix, Inc. 3808 Lake Washington Blvd. N.E. Kirkland, WA 98033-7350 Dear Tracey: Members of the Design Team have reviewed the revised scope, schedule, and budget submitted by Parametrix on June 17, 1993. We are pleased with the overall format of the revised scope, but still have a number of requests for rewording and clarification of specific elements under each task. These concerns are addressed by task in the comments below. New text is underlined. BACKGROUND SECTION In paragraph #2, change the first sentence to read: The City's overall objective is to establish large contiguous wetlands on City property along or nearby Springbrook Creek in the Black River drainage basin. These wetlands will be used to offset impacts to lower quality wetlands by private and public development that may occur in the same drainage basin. Add to bulleted objectives: • No net loss of wetlands (Place first in the list) • Increase groundwater recharge Assumptions Change the second sentence in paragraph #1 to read: Clearance or verification concerning their hazardous waste status will be available from the City. Change the first sentence in paragraph #2 to read: The City will coordinate elements necessary for implementation of the completed programmatic and technical mitigation plan with the overlying iurisdictions. For example, it is understood...hydraulic connection to Springbrook Creek. The City would be responsible for ensuring that the easement would be granted. 200 Mill Avenue South - Renton, Washington 98055 THIS PAPER CONTAINS 50%RECYCLED MATERIAL,10%POST CONSUMER r Tracey McKenzie Parametrix, Inc. Page 2 Add Products section All final products shall be submitted both as camera ready hard copy. and on 3-1/2" computer disks Computer files shall be in AutoCad Geo-Sequel Microsoft Word Excel. or Microsoft Project format. TASK 1A - PROJECT MANAGEMENT Description This task includes scheduling, budget tracking, invoicing, monthly progress reports to the City, meeting minutes and agenda, in-house coordination with the rest of the project team. Meetings Provide separate meetings section as was done for other tasks. Products Add a second sentence: Meeting minutes (except for the first kick-off meeting) and agenda will be prepared by Parametrix and submitted to the City. TASK 1 B - REGULATORY/RESOURCE AGENCY COORDINATION AND REQUIREMENTS Purpose To determine regulatory requirements and process associated with implementing the mitigation program. To determine the type of agreement that would be necessary perhaps a memorandum of agreement) and develop a draft of such an agreement. Description Add to last sentence of paragraph #1 : ...shoreline permit, water diversion permit, and clearing and grading construction permits. End of paragraph #3: ...and the process associated with the formation, implementation, operation, debits and credits, management, monitoring, bank life, and functional evaluation of the mitigation sites. Products Paragraph #1 : A draft agreement and draft and final list... Paragraph #2: A summary of the issues and solutions identified by coordinating with the resource and regulatory agencies that can be incorporated into the mitigation plan (as an Appendix) developed in Task 1 E. t Tracey McKenzie Parametrix, Inc. Page 3 TASK 1 C - MITIGATION GOALS AND OBJECTIVES AND POLICY ISSUES Purpose To identify policy issues that require resolution by the City and provide recommendations for solutions to these issues. Description Paragraph #1 : Based on the City's review of the preliminary list of goals and objectives, Parametrix will prepare a draft and final... Additional mitigation program objectives will be based, in part, on the potential future impacts to wetland functions and acreage, applicability of replacement ratios (based on the City's ordinance)... Third policy issue: The City only will operate the mitigation program. Remove this paragraph from the list. Meetings Provide separate meetings section as was done for other tasks. Products Agenda and meeting minutes for meeting with resource and regulatory agencies will be transcribed and produced as a document. Options Omit optional item under this task. TASK 1 D - CONDITIONS ASSESSMENT AND FIELD WORK Purpose In paragraph #1 : To review baseline information on the physical and biological features of the watershed and mitigation sites related to wetland creation on the mitigation sites. Important physical and biological factors include: topography; soils; vegetation; habitat, hydrologic conditions, including surface and ground water quality and quantity, and future basin-wide storm water projects; position of the sites in the landscape relative to other bodies of water, upland and wetland habitats, existing fish and wildlife populations, and existing and proposed land uses adjacent to the mitigation sites. Include resource agency meeting as noted below in the Meeting section. Description Tracey McKenzie Parametrix, Inc. Page 4 Page 6 Paragraph #1, sentence #2: The information on...include, but is not limited to, the wetland delineation reports... In addition to items to be reviewed in paragraph #1, Parametrix must be familiar with the relative City codes, including the Wetlands Ordinance, Surface Water Ordinance, Grade and Fill Ordinance, and the Shoreline Master Program. Paragraph #2, sentence #3: Test pits will be manually excavated in wetland... Delete paragraph #2, sentence #4. Add to paragraph #2: The City will provide backhoe excavator services for upland excavation on the mitigation sites. Parametrix shall notify the City a minimum of two weeks prior to the site visit and shall determine the number and location of test pits. Paragraph #3: The existing survey of the wetlands delineated... Page #7 Add to paragraph #1 : The base topographic map, and any other maps created, must be consistent with the City's Geo-Sequel and AutoCad system. All maps will be prepared in accordance with City drafting standards. Meetings Include in this section the resource agency meeting to present the results of the Task ID as shown in Exhibit B. Assumptions Paragraph #1 : The meetings will be two hours with one hour of travel time, unless the agency meeting is expected to take three hours. Paragraph #5: A draft capacity analysis...(omit "gross"). Products Paragraph #3: Five copies of any figures...during the site visits will be provided to the City. This information will be integrated onto the base maps. Add that one set of completed base map drawings and electronic copy shall be submitted-to the City. Option Omit optional item under this task. Tracey McKenzie Parametrix, Inc. Page 5 TASK 1 E - MITIGATION PLAN PREPARATION AND REPORTING Description Paragraph #1 : The programmatic plan will...and objectives specific to the mitigation sites that will be based, in part, on the potential future impacts to wetland functions and acreage; Paragraph #2: The graphic information presented in the third alternative will be at a detail suitable for use in development in preparing bid specifications, in accordance with the City of Renton drafting standards. Products Add to paragraph #1 . The final plan shall include a title Page: executive summarx1 table of contents: list of figures, tables, and appendices: and glossary of terms. Paragraph #2: One bound (with associated drawings) and one camera-ready reproducible (electronic) copy of the final mitigation plan. Include display size graphics of the three alternatives plans as products of this task. Meetings In the first paragraph, second sentence, omit "The City's tentative scope indicates that." This and the following sentences should read: "The purpose of the meetings will be to discuss the mitigation program protocol, project level goals, site plans, phasing of mitigation and status of the overall project. The first meeting with the City will be held when the project is about 30% complete, the second with the City when the project is about 70% complete, the third with the City and resource agencies when the project is about 75% complete, and the fourth...(see Exhibit B). Parametrix will..." Option Omit optional item under this task. TASK 1 F - PUBLIC INVOLVEMENT Assumptions Omit seventh paragraph: The meeting/workshop... Exhibit B Include legend for different time line types Task index numbering needs to be corrected Kick-off meeting was in mid-May not beginning of May Remove the footnotes Adjust notice to proceed as noted below Tracey McKenzie Parametrix, Inc. Page 6 The City council just passed an ordinance authorizing the mayor to execute contracts up to $50,000 without prior council authorization. Because our contract is less than $50,000 we may be able to submit the contract directly to the mayor for execution. The notice to proceed could be given as early as July 2, 1993. CONCLUSION Please revise your work plan and resubmit before Friday noon, June 25. If the above comments are fully addressed then execution of the contract could be as early as July 2, as noted above. Thank you for your attention to these comments. Please call me at 206-277-5547 if you have any questions. Sincerely, f� UJAUAI Scott Woodbury, Project Manager Surface Water Utility C:DOCS:93-607:SSW:ps CC: Ron Straka Mary Lynne Myer David Saxen PUNCH 17Y� wmsp DOCUMENT/COMMUNICATION LOG ID# FROM TO TYPE SUBJECT DATE 94-001 O Bank site statistics prepared for 1/31/94 Corps meeting 94-002 O Agenda for 1/31/94 Corps meeting 94-003 O Agenda for public meeting#2 5/27 94-004 O Summary of Corps 404 individual permits issues in 1993 5/27 DAILY LOG 1-26-94 - research assessors records at ron s request to find assessed values for city wetlands south of sw 27th street. city wetland w-11 and w-12 did not show entirely as city owned. some problems with the assessors office were still be dealt with by arlene h and is probably the reason that glacier park is still listed as taxpayer. wetland w-12 is currently comprised of the following parcels with noted 1992 assessed values and taxpayer name according to 1993 parcel recorded on the network: 2523049076 19.96ac $1,304,100 city 1253810230 163,288sf $20,800 glacier park 1253810170 461,329sf $484,400 glacier park 1253810390 trustees alaskan copper (land for railroad right of way not acquired) total 34.30ac, excluding railroad wetland w-11 is currently comprised of the following parcels with noted 1992 assessed values and taxpayer name according to 1993 parcel recorded on the network: 1253810160 327,299sf $42,500 glacier park 1253810090 326,501 sf $42,400 glacier park 1253810150 190,450sf $24,800 glacier park 1253810100 190,721 sf $24,800 glacier park 1253810390 trustees alaskan copper (land for railroad right of way not acquired) total 23.76ac, excluding railroad PUNCH DOCUMENT/COMMUNICATION LOG ID# FROM TO TYPE SUBJECT DATE 93-029 s woodbury t mckenzie L Transmitted comments from design team 10/25 DAILY LOG 4-16-93 - meeting w/ long range planning regarding soqs 4-22-93 - call to mark stiefel (wma) returning his call a. mark wanted ideas on what points to stress in the interview b. he wanted to know if questions on budget will be posed c. he wanted to know the ranking of those selected for interviews d. he wanted to know if the scheduling for interviews was random - call to david saxon (cor) a. discussed what mark stiefel had asked david to see if he was duplicating questions. he did ask similar questions of both david and i. david and i agree that one spokesman is necessary to avoid conflicts in communciation 5-1 1-93 - call from tracy mckenzie (pa) a. pleased to receive acceptance letter b. with call tomarrow with options for meeting date after discussion w/ kitty ford 5-12-93 - call to tracy mckenzie (pa) a. set meeting date for 2:30pm may 21 in 5th floor conf room b. contract looks okay. with send draft agenda on may 14. 5-21-93 - held meeting w/ parametrix and talasaea. to prepare memorandum of meeting 5-24-93 5-27-93 - call returned from william hickox of (brh) 323-4144 a. requested digital information of brh survey and wetland delineations for glacier park. he will look into it - call from steve hitchings at brh 323-4144 to discuss glacier park survey info 6-2-93 - call returned by tracey mckenzie (p) a. will have draft scope, schedule, and budget by friday b. gross land use capacity analysis will be available in two weeks to a month c. mitigation bank is to serve properties within renton (primarily for valley area) and then as space allows expand to the sphere of influence. per ron Straka. 6-4-93 - received scope, schedule, and budget draft from tracey mckenzie - gave copy of draft to mark pywell, ron straka, and dave saxon for review 6-7-93 - left message for dave saxon to have comments to scope by end of day - asked mark pywell to have comments to scope by end of day - set up meeting w/ ron straka for tomarrow at 10am to discuss scope 6-8-93 - meeting with ron s and dave s regarding draft work plan a. david to draft response b. wait for mary lynne to return - call to tracey mckenzie. no available. left message. 6-9-83 - call returned by tracey mckenzie a. told tracey that we will wait until mary lynne returns b. said i would sent letter tomarrow with requested changes along with revisions to insurance form 6-1 1-93 - note from ron straka. 6-11-93 letter to pmx okay. question whether we should wait for mary lynne. decided to send letter. work plan was much too general. need major revision. hopefully the revised draft can then be approved with little or no correction. 6-14-93 - call to tracey mckenzie (pmx) a. follow-up to 6-1 1 letter. tracey said she would call if she had any questions. 6-15-93 - conversation w/ david saxon a. asked david to prepare issue paper and agenda bill by june 23. i gave him sample from pest consultant control for map. 6-16-93 - call from tracey mckenzie (pmx) a. revised work plan will be faxed this morning. b. tracey has left messages for corps 6-22-93 - call to tracey mckenzie (pmx) a. left message to return call. said that response letter will be out hopefully today. 6-29-93 - left message for larry warren to call regarding time frame for contract review 7-6-93 - called larry warren's office. attorney review to be done tomarrow. 7-7-93 - talked w/ alan johnson (cor) about capacity analysis. i will asked tracey mckenzie to call alan to arrange for the transfer of the capacity analysis. - left message for kitty ford (pmx) to call alan johnson. tracey was out on vacation. 7-12-93 - call from tracey mckenzie (pmx). tracey was apologetic about delay. she had a new request for changes to the contract before it is executed. i sent changes to larry warren. - message for Men wang to call. requested information on new law regarding taxation of services 7-13-93 - call to anne santos. verbal approval of requested contract changes received from city attorney - message left for tracey mckenzie (pmx). relayed attorney approval for pmx to make changes and execute 7-14-93 - conversation w/ priscilla p regarding new law on taxation of services. consultant services not included 7-21-93 - call to tracey mckenzie (pmx) a. talked about coe issue of adjacency. gail terzi (coe) will be calling tracey back today. tracey will then call me b. asked tracey to call me monday mornings with plans for the week c. tracey asked questions about topography for each site. 7-23-93 - call from tracey mckenzie (pmx) a. planning to do field work next wednesday. asked for backhoe services. b. gail terzi (coe) has not returned call. tracey thinks that mary lynne myer may want to call tom mueller (coe) about adjacency issue. apparently there is not a written document for the shift in coe determination of adequacy. higher level coe people have been getting involved in this determination. tracey will call mary lynne monday. c. pmx digitizing topo maps now - talked w/ john stein about backhoe. he will call me back this afternoon if they will be available 7-26-93 - call to john t (shops) about backhoe. wednesday possible. thurdsay should be for sure. call back once i talk w/ pmx - message left for tracey mckenzie (pmx) to call me back regarding backhoe services - message from tracey mckenzie (pmx). thursday will not work. if wednesday wont work w/ shops then arrange for a time next week - left message for john thompson 7-27-93 - talked with john thompson. wednesday july 28 will not work. - call from tracey mckenzie. i told her that backhoe not available wednesday. she will call with time for next week. tracey arranging for gail terzi (coe) and mary lynne myer to make site visit with pmx. - call from tracey mckenzie (pmx). tues august 3/friday august 6 possible site visit. i left message for john thompson 7-28-93 - call to john thompson (shops). backhoe service set for tues, august 3 at 10 am - message left for tracey mckenzie about scheduling of backhoe service for next week 8-3-93 - site field work with tracey mckenzie and kitty ford (pmx) and bill shiels (tc). city maintenance provide backhoe services excavating test pits. the soil profile information is key to a successful design. pmx asked if ground water monitoring wells could be installed on the two mitigation sites. i will coordinate with the installation of the stream gage at 27th street. 8-4-93 - returned call to tim clark (metro) 684-1989 and 277-8558. he did not know who installed pvc at 48" culvert west of jogging trail and south of 27th. thought it was boeing. he will send me copy of soil report for the metro project. - message from mary lynne myer. director of ecology assigned staff to follow up on letter mary lynne had sent asking ecology assistance. meeting scheduled for august 13 and 10am 8-5-93 - called doug micheau (tukwila), steve kitterman (gardner consultants), and keith harris (rca) to locate information on hydraulic analysis for se cbd study. keith harris, se cbd project manager, said that the hydraulic calculations were very crude and that it was probably thrown out when he left gardner consultants. he made assumptions regarding the time of concentration and said he used cia. however the report said the scs type 1- a hydrograph was used. i did not pursue the point. 8-10-93 - call from tracey mckenzie (pmx) and bill shiels (tc). a. hydrologic info to pmx (date, time of day, 12-hr incre, elev, flow) b. more info from tukwila on site 1 c. working this week on goals and objectives, opportunities and constraints d. agency meeting to be schedule later 8-12-93 - reviewed draft letter to coe from pmx 8-13-93 - meeting with anne watanabe and thomas hruby of doe and mary lynne myer regarding possible pilot project or funding 8-16-93 - meeting with mary lynne myer. letter to corps on renton letterhead. city wetland ordinance does not recognize upland mitigation. she also did not think it was a good idea. 8-19-93 - call to larry karpac (nhc) a. factor of 0.70 to convert 2-yr storm to 1-yr found for one watershed study b. cannot go lower than approx 1-yr with freq analysis without changing techniques from annual freq analysis to partial freq analysis - call to tracey mckenzie (pmx). relayed what i talked with larry karpac (nhc) about freq analysis, what mary lynne had said about upland mitigation on 8/16/93, that i am still working on kc gaging info, and the corps letter to be one renton letterhead with cc to pmx. will talk with tracey on 8/23/93 8-23-93 - call to phil frazier (city of tukwila). he did not have any other info on bank site 1 other that cbd study - call to steve kitterman (gardner consultants). asked if he would check gc files for h/h work for tukwila cbd. - call to tracey mckenzie (pxm). kc gage info from 43rd will be received in about two weeks. i will send upon receipt. 9-1-93 - message left for gail terzi (coe) to call. - call to tracey mckenzie (pmx). a. i said that i was concerned about the schedule. tracey said reason for delay is contract execution was late and coe determination has not be made. she will send revised schedule. pmx will not delay contract completion date beyond the end of the year. tracey will note reasons for schedule delay in august progress report. b. tracey suggested combining agency meeting for goals and objectives with opportunities and contraints meeting. i thought that it was a good idea considering the difficulty of scheduling agencies and the lead time for the scheduling required. c. tracy will submit products as preliminary draft. incorporate city review into final draft. final product would follow coordination changes with other tasks or comments from agency review. d. i asked tracey about the capacity analysis. she contacted allan once but did not follow up. she will can again. 9-2-93 - call to gail terzi (coe). she will call tracey mckenzie when coe will make field visit. gail will probably take tj stett with her. she will make determination in sept, hopefully early sept. i will send topo and hydrology info to gail. - call from gail terzi (coe) a. site visit scheduled for sept 14 at 8:30 am. will arrange location with pmx. b. regulation definition for adjacent. wetland which borders, is continuous, or neighboring stream below the headwaters. levees and other man-made structures considered nonexistent. how far back in time the corps will go to use as basis for their decision is decided on a case-by-case basis. 9-7-93 - call from tracey mckenzie (pmx). a. plans for this week. finish conditions assessment for internal review. send to city next week. goals and objectives and policy issues to be sent this week. b. will call and confirm corps sept 18 9 am meeting. meet at 34th and oakesdale. 9-9-93 - call returned to bill shiels (tc)• a. bill asked about hydrologic info. i said kc thought next friday. bill will call then. b. talked about adjacency call by corps. bill thought mary lynne should do some politicing and the city and consultants should express their profession opinion that the wetlands are not adjacent. 9-10-93 - schedule pxm was to send last week still hasn't arrived. 9-14-93 - attended corps site visit for adjacency determination with tj stetts and gail terzi of coe, tracey mckenzie of pxm, david saxon and mary lynne myer of city. corps staff indicated opinion that bank site 1 is adjacent. they consider bank site 2 adjacent, but may have given nationwide status to portion of wetlands in earlier application. g terzi to check the files. offical determination expected in about two weeks. 9-15-93 - meeting with david saxon to discuss the public involvement. see notes in file. - call to tracey mckenzie (pmx) to discuss city callling coe regarding adjacency. tracey sited a mitigation banking guidance document by mike davis from coe office of regulatory affairs. banking document identified that adjacency determination guidance not settled but is scheduled to be completed in six months. if coe has not a published guidance then on what basis can the city dispute a coe call. also not being able to produce a specific guidance document to back a decision exposes the corps to potential legal action. - call to lenora blauman at request of mary lynne myer. lenora said she and don erickson are not aware of any wetlands being determined adjacent in the valley. - call to mart' lynne myer. she will call tom mueller regarding the adjacency determination probably on monday. i will prepare outline of the points of emphasis for her review tomarrow. 9-16-93 - call to lori pitzer (boeing). apprised lori of coe adjacency issue and city plans to urge non-adjacency 9-21-93 - left message for gail terzi (coe). asked her to call me to discuss the adjacency determination. also asked that she contact me after the corps committee has reached an in-house decision before a formal decision is issued. - draft meeting notice received from david saxon for review 9-23-93 - sent package back to david saxon with review comments - call to gail terzi (coe). asked if she would send decision and backup information for city review before they issue an official decision. she said that she would and that it would probably be next week or the week following. - message left for david funke regarding status of 43rd st information 9-27-93 - call to tracey mckenzie (pmx). tasks 1 b, 1 c, and 1 d sent out for review next week. flow information from kc received and ready for pickup. summarized my discussions with gail terzi regarding adjacency determination. 10-1-93 - call from gail terzi (coe). she wanted estimate of mean annual flow at wmbp sites. i said there was the doe shoreline to sw 43rd st, but i would look into boeing calculation. 10-4-93 - message left with gail terzi (coe). boeing work on limited amount of data. until better information available must rely on doe shoreline limit at sw 43rd st. asked for her to call me regarding adjacency determination. - reviewed and concurred with invoice number 2 from pmx. 10-5-93 - mary lynne myer updated me on calls to tom mueller (coe). have not talked directly but tom referenced other adjacency calls in the valley, probably refering to those made in kent. mary lynne responded that hydrology issues and history of other calls in renton valley does not support adjacency. she will keep me updated. - transmitted comments to public involvement to dave saxon to address. will complete on october 7. - talked with ron straka about concerns with lack of data on north bank site and that if pmx releases drafts of conditions assessment without complete data it is likely that pmx will want extra work reimbursement to include the additional data. ron noted that we don't have money for additional data at this time. he considers pxm work predesign for areas other than final design drawings to be provided under the contract. 10-6-93 - sent elevation conversion for kc gage 03d at sw 43rd to pmx and talasaea. 10-8-93 - meeting with david saxon and mary lynne myer. - received memo from mary lynne summarizing what was discussed at the meeting. 10-1 1-93 - sent advertisement to the valley daily news to publish in the wednesday, october 13, 1993 issue. - sent memo to clerk regarding advertisement billing to surface water account 10-12-93 - conversation with bill shiels about public involvement and meeting with joe robels of fisheries. 10-13-93 - sent public involvement package to bill shiels (tc). - sent copy of mary lynne's 10/8/93 memo to tracey (pmx) and bill shiels (tc). - conversation with tracey (pmx) regarding the public involvement - message from gail terzi (coe). adjacency call stands. i then left message for her to call me tomarrow. - finished invitation letters for public meetings. 10-15-93 - call to gail terzi (coe). both sites below the headwaters and neighboring wetlands connected to the headwaters or directly neighboring the headwaters. - discussion with ron s of the adjacency call. he will talk with gregg z - returned call to john altman (tc). datum for rw beck studies is ngvd 29. - david saxon relayed to me that tom mueller (coe) left message for mary lynne today. - returned call to shannon harris (pmx). confirmed that we need the opportunities and constraints draft today - left message for paul crane (boeing) returning his call - call from michelle ohare 226-8427. responding to invitation letter. some interest. thought that the letter was confusing and wanted to clarify. - returned call to howard seelig 454-0885. wanted more information on the bank. was involved in golf driving range off of lind. concerned with regulations. 10-18-93 - call from nina o'neil at 206-252-8414, commissior at port of everett. interested in market value of the wetland mitigation bank sites - message from jerry mouray at 277-0400 x-153. thurston county courthouse has listing of nurseries which supply native plantings for restoration of historic communities. i tried calling his number, but was given message that number disconnected or not in service. meeting with pmx and design team. reworked list of goals and objectives. see notes in file. 10-19-93 - returned call to jackie hightower 999-9352. planner. wanted to know if she could attend regulatory agencies meeting. i didn't think that it would be a problem. i agreed to call her once agency meeting set. 10-20-93 - talked with don erickson about expiration of wetland delineation. goes to department administrator and he recommends only one-year extention so as to not set precident for longer times. do not need to extend glacier park properties as city has in essense already allowed them to be filled. - call from joanne stellini (usfws) at 206-753-9440. interested in attending agency meeting. - returned call to nina o'neil (port of everett). told her information about market value of the properties found by property management of $2500/acre. i will call her if city attorney can give me more information. - call from janet garrow at 587-0700. attorney calling on behalf of client. potential interest in bank. - participated in public meeting at renton senior center. eight people attended. 10-21-93 - prepared for and participated in meeting with the development community at the community center. six people attended - received letter from rhys sterling (attorney halinen law office) requesting that the city expand the area considered qualifying for the bank and not limit the size 10-29-93 - call from tracey mckenzie (pmx). a. according to doe water rights permit required if culvert or ground water well used, even for non- consumptive use. pat locke with doe 649-7093 responsible for water rights. if issue of dam safety doug johnson in lacey. b. discussed policy issues. asked for policy issues as soon as possible to start city review process. c. esgrwp new channel from 43rd alternative not ruled out. may be better to select groundwater pump for augmentation on site 2 because stream flows may be divided into p-1 channel from springbrook creek depending upon esgrwp alternative analysis 1 1-3-93 - call to bill wolinski (kent). he referred me to gary volchok for info on wetlands in kent green river valley called adjacent. - call to gary volchok (cb commercial) at 292-6130. he didn't know of any wetlands in kent valley that were called adjacent. told me of project he is working on in auburn south of 37th street nw and east of sr167. been working for seven years on 404 individual permit. look promising to get permit. only fourth permit by corps since jan 87. others in bellingham, issaquah, and vancouver. CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: December 21, 1994 TO: Scott Woodbury FROM: Lisa Stephens, ext. 250 SUBJECT: CAG-93-080, Adden. #1-94 The attached copy of the original document is being returned to you. The original document is retained by the City Clerk. Thank you. Enclosures: (1) CONTRACT CHECKLIST STAFF NAME & EXTENSION NUMBER: Woo o'SJ/41 k-55y7 DIVISION/DEPARTMENT: P��3I P� - Su/L`gc� W,r 7-a U'TI Li7'1 CONTRACT NUMBER: TASK ORDER NUMBER(if applicable): /,qfllaIj C>i.9rr= NG CONTRACTOR: fAP-A Nk, L)C- PURPOSE OF CONTRACT: �i�Ul Df H 1J-AC>JCq 7o NEw 1. LEGAL REVIEW: (Attach letter from city attorney.) NIA Fad Cc,,-,jZAcT-5 Li5,5 7p '9 /u)600 s ATrA- ere /i3/g3 PY4^4 . 2. RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter.) 3. RESPONSE TO LEGAL OR RISK MGMT CONCERNS: (Explain in writing how concerns have been met.) tjl� 4. INSURANCE CERTIFICATE AND/OR POLICY: (Attach original.) OK 5. CITY BUSINESS LICENSE NUMBER: (Call Finance Dept.) 6. ATTACHED CONTRACTS ARE SIGNED BY CONTRACTOR: (If not, provide explanation.) Y�S , Cx�'-F h<-r 0f. P45 /Avs rodf� vIA/rat 12,0VA-1 JJ ,WP1c H 1S wiry THj;U 15 7. FISCAL IMPACT: G" L,' ORlf ao�- s76�!ev.k . eft OA" jb c ��rk..lr Is csK y A. AMOUNT BUDGETED (LINE ITEM) (See 8.b)* B. EXPENDITURE REQUIRED: 2` 8. COUNCIL APPROVAL REQUIRED (Prepare Agenda Bill.): A. CONTRACT OR TASK ORDER IS $50,000 OR OVER: (Refer to Council committee for initial contract approval; place subsequent task orders on Council agenda for concurrence.) B. *FUND TRANSFER REQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT BUDGETED. (Refer to Council committee.) C. SOLE SOURCE CONTRACTS. (Refer to Council committee.) 9. DATE OF COUNCIL APPROVAL: & 10. RESOLUTION NUMBER (if applicable): 0p, 11. KEY WORDS FOR CITY CLERK'S INDEX: B. P�f� i� LFK C. swP- c:\winword\forma\chkliat 5(Pj v6 6,U,,K Litt- it A-1t—A(4( P-f'vo W//" 09/02/93 i`R CITY OF RENTON Office of the City Attorney Earl Clymer, Mayor Lawrence I Warren _ MEMORANDUM qPR 1 4 1993 /To: Ron Olsen, Utility Systems C!-y CF F.f-�` ' From: Lawrence J. Warren, City Attorney Date: April 13, 1993 Subject: Legal Approval of Task Orders You called and asked whether I needed to reveiw Task Orders under $10,000.00 when they were attached to an approved contract and the contract was not modified in any fashion. Under those circumstances, there is no need for legal review. The Task Orders themselves are technical in nature and-have little or no legal implication. My main scope of review is of the contract itself, and since the contract will not be changed I do not need to rereview the material. Lawrence J Warren LJW:as. cc: Mayor Earl Clymer A8:96: I **o,,,�,, CITY OF RENTON HUMAN RESOURCES AND RISK MANAGEMENT MEMORANDUM December 19, 1994 TO: Scott Woodbury FROM: Beverly Nelson Glode SUBJ: CAG-93-080 The insurance coverages for the above mentioned project meet the City's risk management requirements. On future Certificates of Insurance, list the insured's Washington Labor & Industries number in the policy number section for Worker's Compensation. ADDENDUM NO. 1-94 `_'ONC;URREl C� 7 to JIT IAL�--- DATE_ � �L!__ CONSULTANT AGREEMENT FOR PROFESSIONAL I; ; ENGINEERING SERVICES II r,sip NAMET" 7� DATE: July 19, 1993 for CAG-93-080 Ate' WETLAND MITIGATION BANK PLAN The Addendum is made and entered into this day of 1994, by and between the City of Renton, hereinafter called the "City", and Parametrix, Inc. hereinafter called the "Consultant". WITNESSETH THAT: Whereas, the City engaged the professional engineering services of the consultant under Contract Agreement CAG-93-080 dated July 19, 1993, to prepare a Wetland Mitigation Bank Plan to establish large contiguous wetlands on City property along or nearby Springbrook Creek in the Black River drainage basin. Whereas, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time; and Whereas, the City and the consultant have determined that additional work is required to meet the goal of the project, those additional work items being defined in Exhibit "A", with costs anticipated to be as shown in Exhibit "C", and schedule for completion as defined in Exhibit "B". Now therefore, in accordance with Section VIII - Extra Work of the above-mentioned Agreement dated July 19, 1993, it is mutually agreed that the above-mentioned agreement dated July 19, 1993 is amended as follows: 1 . Revise the maximum amount payable under Section VI - Payment from $39,999 to $49,824, which is an increase of $9,825. 2. Revise the expiration date of the contract under Section V - Time of Beginning and Completion, from December 31, 1994 to December 31 , 1995. All other provisions of Contract Agreement CAG-93-080 dated July 19, 1993 apply to this addendum. EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1-94 to Contract Agreement CAG-93-080 dated July 19, 1993 as of the day and year first above-written. CONSULTANT CITY OF RENTON Signature Date Signature Date Gregg Zimmerman, Administrator Planning/Building/Public Works Type or print name Title H:DOCS:94-1061 a:SW:ps CITY OF RENTON PUBLIC WORKS DEPARTMENT i REQUEST FOR INFORMATION OR CONCURRENCE E DATE: December 15, 1994 i TO: Beverly Nelson Glode FROM: Scott Woodbury(X-5547) <:� 0 CONTACT PERSON: SUBJECT: Addendum No. 1 to Professional Services Agreement CAG-93-080 with Parametrix,Inc., for the Wetland Mitigation Bank Plan Project k Attached for your review, changes and/or comments are copies of the following. • Exhibit A- Scope of Work(2 pages) • Exhibit C - Cost Estimate(1 page) i • Commercial General Liability Coverage form regarding additional insured (1 page) • Two Certificates of Insurance dated 10/20/94 and 12/09/94(2 pages) The purpose of the addendum is to contract with the consultant to perform the additional work necessary for completion of the Wetland Mitigation Bank Plan that was not provided for in the original contract scope of work. Specifically,the additional work includes: • assistance in coordinating with the Corps of Engineering resolution of the jurisdictional status of the wetlands on the projedt sites, • performing a wetland functional assessment; • reformating the plan documents to new Department of Ecology guidelines. Work authorized under the addendum and original contract is expected to be completed in May 1995. The risk associated with the work to be completed is believed to be low. According to the certificates only 30-day's prior notice will be provided. This is consistent with the certificates previously approved for the original contract and I was not aware of the 45-day requirement when I requested updated certificates from the consultant. For future work with Parametrix, I will see that the certificates cancellation notice is for 45-days. Your assistance in returning comments to me by December 21, 1994. If you have any questions or need more information,please call me at X-5547. Thank you for your assistance. CONCURRENCE Name Date H:DOCS:94-1146!:SW Attachments CITY OF RENTON MEMORANDUM DATE: December 8, 1994 TO: File FROM: Scott Woodbury SUBJECT: WETLAND MITIGATION BANK PLAN Budget Status The following is a summary of the Wetland Mitigation Bank Plan budget status: REVENUE: 1993 Budget Appropriation $45,000.00 1993 Mid-year Budget Appropriation $0.00 1994 Budget Appropriation $0.00 Transfer from Panther Creek Wetlands $20,000.00 Total: $65,000.00 COSTS/ENCUMBRANCES 1993 Soft Capital and Miscellaneous Costs $6,901 .91 Parametrix CAG-93-080 Costs $18,818.81 Parametrix CAG-93-080 Costs (Jan-Nov) $17,704.56 Parametrix CAG-93-080 Remaining Encumbrance $3,475.63 Parametrix CAG-93-080 Addendum No. 1 Pending $9,825.00 1994 Miscellaneous Costs (includes $210.99 for HEC-FFA) $222.34 NHC CAG-94-130 Encumbrance -be✓Mid $2,892.56 1994 Soft Capital Transfer (January-May) Ph Aux $1,422.04 1994 Soft Capital Transfer (June-Sept.) $190.63 1994 Soft Capital (Oct-Dec. estimated) $1 ,400.00 Total $62,853.48 CURRENT AVAILABLE BUDGET Current Available Budget = Revenue - Costs = $65,000.00 - $62,853.48 = $2,146.52 This budget should be adequate for 1994 if execution of the pending Geotechnical Investigations contract CAG-94-139 with Dames and Moore is delayed until after January 1 , 1995. The 1995 budget appropriation is $300,000.00 and will be used for the Dames and Moore contract and for the design and permitting of the Wetland Mitigation Bank site 2 development. Construction of Wetland Mitigation Bank site 2 is scheduled to occur in 1996. It is unknown at this time how much additional revenue will be needed in the 1996 budget. Detailed cost estimates of site 2 development being prepared by Parametrix as part of the CAG-93-080 contract will be available in January 1995. Project cost estimates will continue to be refined through the design phase. H:DOCS:94-1116!:SSW CITY OF RENTON MEMORANDUM DATE: December 6, 1994 TO: Gregg Zimmerman FROM: R s n STAFF CONTACT: Ron Straka Scott Woodbury (X-5547) SUBJECT: WETLAND MITIGATION BANK PLAN ADDENDUM NO. 1 TO PROFESSIONAL SERVICES CONTRACT CAG-93-080 WITH PARAMETRIX, INC. ISSUE: The Surface Water Utility requests approval of Addendum No. 1-94 to Professional Services Contract CAG-93-080 with Parametrix, Inc., for the Wetland Mitigation Bank Plan Project. RECOMMENDATION: The Surface Water Utility recommends approval of Addendum No. 1-94 to Professional Services Contract CAG-93-080 with Parametrix, Inc., for the Wetland Mitigation Bank Plan Project. The contract addendum is less than $10,000 and may be signed by the Department Administrator. DISCUSSION: On July 19, 1993 the City executed a professional services contract with Parametrix, Inc., to establish the technical and programmatic framework for the conversion of existing upland on the two City of Renton mitigation bank sites to wetlands and for the use of these wetlands to offset impacts to lower quality wetlands by private and public development that may occur in the same drainage basin. The final product of the Parametrix original contract and the proposed addendum will be a comprehensive Wetland Mitigation Banking Program and Plan (WMBPP) document which will include an analysis of the mitigation sites, criteria for using the sites for mitigation, master plans for wetland creation and recreational opportunities, detailed grading and planting plans, program cost estimates, and requirements for program operation, such as monitoring and maintenance procedures. Following is a brief description of the tasks included in the proposed contract addendum: Gregg Zimmerman Stream Monitoring and Data Analysis Page 2 Task 1 Adjacency issue assistance and coordination. In late 1993, staff of the Corps of Engineers visited the wetland mitigation bank sites and determined that the existing wetlands on the sites would be ruled adjacent. Concerns over the effect of an adjacency determination to the project and the potential precedent it would set for future determinations within the City led to an effort of petitioning the Corps to reconsider their decision. As a part of that effort, the consultant was requested to review the Corps' determination and prepare a document in support of a non-adjacency position. Coordination on this issue culminated in a January 31, 1994 meeting with the Corps at which the Corps chose to stand by their original decision. A complete summary of the January 31 , 1994 meeting is documented in a February 8, 1994 memorandum to the Mayor. Task 2 Wetland functional assessment. Based on a May 2, 1994 meeting with the regulatory agencies, the WMBPP is to include an assessment of the functions and values of the existing wetlands on the mitigation banking sites. The addendum provides for Parametrix to develop a standardized method of determining wetland function and value. The City's wetland ordinance does not require use of a particular method, which is appropriate for unrelated projects. However, a banking program that involves multiple projects requires use of a specific method in order to consistently determine debits and credits for any project that will participate in the program. Task 3 Reformatting to new Department of Ecology guidelines. Since the original Parametrix contract was executed, the Department of Ecology, Corps of Engineers, and other regulatory agencies published Guidelines for Developing Freshwater Wetland Mitigation Plan and Proposals. Task 3 provides for Parametrix to reformat the WMBPP to conform to the guidelines which should serve to streamline agency review of the plan. Task 4 Coordination meetings and presentations. This task identifies meetings involving the consultant's participation. In additional to identifying supplemental tasks, the contract addendum extends the contract expiration date one year from December 31, 1994 to December 31 , 1995 to allow for completion of the work. The revised schedule of completion is included in Exhibit B of the attached contract addendum. The expenditure required for the proposed contract addendum is $9,825. Funding for the contract is proposed from the Surface Water Utility capital improvement project account budget for the wetland mitigation bank (421/600/18.596.38.65.651 19). The unencumbered balance of the approved 1994 budget for this account is $13,259.19, which includes the approved 1994 budget mid-year appropriation of $20,000. The remaining 1994 budget for the wetland mitigation bank account will be used to fund staff engineering and project management costs associated with the planning and design of the wetland mitigation bank. H:DOCS:94-1061:SSW:ps Attachments CONCURRENCE �1 CITY OF RENTON DATE NAME R:ITll1L/D.,� MEMORANDUM R TW21//X e DATE: November 17, 1994 TO: Gregg Zimmerman FROM: Ron Olsen STAFF CONTACT: Ron Straka Scott Woodbury (X-5547) SUBJECT: WETLAND MITIGATION BANK PLAN ADDENDUM NO. 1 TO PROFESSIONAL SERVICES CONTRACT CAG-93-080 WITH PARAMETRIX, INC. ISSUE: The Surface Water Utility requests approval of Addendum No. 1-94 to Professional Services Contract CAG-93-080 with Parametrix, Inc., for the Wetland Mitigation Bank Plan Project. RECOMMENDATION: The Surface Water Utility recommends approval of Addendum No. 1-94 to Professional Services Contract CAG-93-080 with Parametrix, Inc., for the Wetland Mitigation Bank Plan Project. The contract addendum is less than $10,000 and may be signed by the Department Administrator. DISCUSSION: On July 19, 1993 the City executed a professional services contract with Parametrix, Inc., to establish the technical and programmatic framework for the conversion of existing upland on the two City of Renton mitigation bank sites to wetlands and for the use of these wetlands to offset impacts to lower quality wetlands by private and public development that may occur in the same drainage basin. The final product of the Parametrix original contract and the proposed addendum will be a comprehensive Wetland Mitigation Banking Program and Plan (WMBPP) document which will include an analysis of the mitigation sites, criteria for using the sites for mitigation, master plans for wetland creation and recreational opportunities, detailed grading and planting plans, program cost estimates, and requirements for program operation, such as monitoring and maintenance procedures. Following is a brief description of the tasks included in the proposed contract addendum: F CITY OF RENTON MEMORANDUM DATE: September 29, 1994 TO: Mark Pywell Lee Haro Leslie Betlach Don Erickson FROM: Scott Woodbury Sw SUBJECT: WETLAND MITIGATION BANK PROJECT DRAFT OUTLINE AND STATUS REPORT AND SCHEDULE DRAFT OUTLINE Attached is a copy of the draft outline for the Wetland Mitigation Banking Program and Plan (WMBPP) document. The outline is modeled after the Department of Ecology's Guidelines for Developing Freshwater Wetlands Mitigation Plan and Proposals. In an effort to minimize the potential need for major changes to the WMBPP document during City review, the consultant Parametrix agreed to provide an outline of the complete preliminary draft for City review prior to submitting the full draft. Please review the outline and provide any comments by October 4, 1994. In addition to minimizing the potential for major changes, I would also appreciate your review of the outline for the following reasons: 1 . You may have questions regarding the scope of the WMBPP document (or project) that the outline may help address; and 2. You may wish to bring ideas or information to my attention for possible inclusion in the document. More opportunity for review and comment will be coordinated through future design team meetings, review of the complete draft document, and other products. However, your help in identifying major elements that may need expanding or clarification before the complete draft is submitted is appreciated. STATUS REPORT Since my February 11, 1994 project update memorandum to you, the project has been progressing slowly. The following is a brief summary of actions completed since February 11 , 1994: May 2, 1994 The first agency meeting for the project was held. A copy of the meeting minutes are attached for your information. June 16, 1994 Comments to draft chapters 1-6 of the WMBPP document were returned to Parametrix. Wetland Mitigation Bank Project - Status Report and Schedule Page 2 R August 2, 1994 Parametrix provided recommendations on the direction and scope of the project. Parametrix has been working on addressing the June 16, 1994 comments and will provide a complete preliminary draft for City review once the format of the attached outline is approved. SCHEDULE The project schedule is on the critical path if construction is to occur in 1995. While the chapter on implementation in the WMBPP document (see the attached outline) will define the scope, timing, and cost of the work needed to go to construction, I wish to bring the following to your attention now: 1 . Construction is planned to be accomplished in two or more phases. Construction of the southern Wetland Mitigation Bank site (Site 2) shown on the attached map is planned to be completed in 1995 as Phase 1 . Phase 2, and additional phases as necessary, will be used for construction of the northern site (Site 1). The schedule for construction of Phase 2 and subsequent phases is not determined and is dependent upon many factors, especially on whether or not there will be a P-1 Channel adjacent to the site. These factors will be discussed in the WMBPP document. 2. Approval of the regulatory agencies will be obtained through the Corps of Engineers Section 404 individual permit process rather than through negotiation of a formal Memorandum of Agreement (MOA). A discussion of the MOA and 404 permit options is included in the attached May 2, 1994 agency meeting minutes. Concurrent with work by Parametrix toward completion of the preliminary draft WMBPP document, we will be preparing a contract addendum with Parametrix for the development of a standardized method for determining wetland function and value. The City's Wetlands Management Ordinance does not require use of a particular method, which is okay for unrelated projects. However, a banking program that involves multiple projects requires use of a specific method in order to consistently determine debits and credits for any project that will participate in the program. I have asked Parametrix to submit a draft contract addendum and will provide a copy to you once it is available. The contract addendum will also clarify work remaining under the current contract and redefine the project work schedule. Thank you for your assistance. If you have any questions, please call me at X-5547. H:D0CS:94-913:SSW:ps CC: Ron Straka Attachements t SEP-28-94 WED 9:53 PARAMETRIX FAX N0, 206 889 8808 P- 01/04 Post-Its Fax Note 7671 Da goes► a Co.. Y j DRAFT r5—Y: P . Phone a�Fax ar OUTLl�— CITY OF RENTON WETLAND MITIGATION BANKING PROGRAM AND PLAN EXECUTIVE SUMMARY PART I MITIGATION BANKING PROGRAM 1.0 INTRODUCTION 2.0 GOALS, OBJECTIVES, AND POLICIES 3.0 WETLAND ACREAGE POTENTIALLY IELIGIBLE IN BLACK RIVER DRAINAGE BASIN FOR USE OF MITIGAT:ON BANKING PROGRAM 4.0 PRIVATE AND PUBLIC USE OF THE MITIGATION BANKING PROGRAM 4.1 Eligibility Criteria 4.2 Requirements to Use the Mitigation Ban zing Program 4.2.1 Federal 4.2.2 State 4,2.3 Local 5.0 CREDIT AND DEBIT SYSTEM 6.0 FEE STRUCTURE 7.0 ADMINISTRATION OF MITIGATION BANKING PROGRAM PART II - MITIGATION BANKING PLAN 1.0 INTRODUCTION 2.0 PROJECT DESCRIPTION AND LOCATION 2.1 Site Description 2.2 Ownership 2.3 Responsible Parties 2.4 Rationale for Choice 3.0 WETLAND DELINEATIONS r SLF-?b-y4 WLU U:bJ N UMLI'KIX rAA NU. LUb bbd bbub r. uz/u4 DRAFT 4.0 EXISTING CONDrHONS AND ECOLOGICAL ASSESSMENT OF MITIGATION BANKING SITES 4.1 Mitigation Bank Site 1 4.1.1 Existing Vegetation 4.1.2 Existing Water Regime 4.1.3 Existing Soils 4.1.4 Existing Fauna 4.1.5 Functions and Values 4.1.6 Water Quality 4.1.7 Buffers 4.1.8 Wetland Rating 4.1.8.1 City of Renton 4.1.8.2 Department of Ecology 4.1.9. Position and Function of Wetland in Landscape 4.2 Mitigation Bank Site 2 4.2.1 Existing Vegetation 4.2.2 Existing Water Regime 4.2.3 Existing Soils 4.2.4 Existing Fauna 4.2,5 Functions and Values 4.2.6 Water Quality 4.23 Buffers 4.2.8 Wetland Rating 4.2.8.1 City of Renton 4.2.8.2 Department of Ecology 4.2.9 Position and Function of Wetland in Landscape 5.0 MITIGATION PLAN GOALS, OBJECTIVES, AND PERFORMANCE STANDARDS 5.1 Opportunities 5.2 Constraints 5.3 Acreage and Type of Mitigation Feasible at Mitigation Banking Sites 5.4 Mitigation Sequencing 5.5 Goals 5.6 Objectives 5.6.1 Water Regimes S.6.2 Vegetation 5.6.3 Habitat and Functional Attributes 5.7 Performance Standards of Each Objective SKI'-28-U4 WLU y:b4 VAKAME K1X rM NU. CUb bbt bbUb r. u6lu4 DRAFT 6.0 PRELIMINARY SITE PLANS OF MITIGATION BANKING SITES 6.1 Topography 6.2 Hydrologic Structures 6.3 Source of Water 6.4 Soil and soil amendments 6.5 Proposed Plant Distribution 6.6 Section Drawings 6.7 Habitat Attributes 6.8 Buffers 6.9 Public Access 7.0 MONITORING PLAN 7.1 Vegetation 7.2 Water Regime 7.3 Soils 7.4 Fauna 7.5 Development of Habitat Structure 7.6 Water Quality 7.7 Buffers 7.8 Schedule of Reporting Monitoring Results 8.0 SITE PROTECITON 8.1 Physical 8.2 Legal 8.3 Buffers 9.0 MAINTENANCE AND CONTINGENCY PLAN 9.1 Maintenance Schedule 9.2 Contingency Plan 9.3 Initiating Procedure 9.4 Funding 9.5 Responsible Parties 10.0 IMPLEMENTATION 10.1 Schedule 10.2 Construction 10.3 Monitoring 10.4 Reporting 10.5 Permitting Requirements 10.5.1 Federal 10.5.2 State 10.53 Local 10.6 Cost SEP-28-94 WED 9:54 PARAME'I'RIX FAX NO, 2Ub 88U 88U8 P. U4/U4 DRAFT 11.0 PERFORMANCE BOND List of Tables List of Figures Appendices City of Renton Wetland Management Ordinance Soil Test Location Photographs Public Involvement Resource and Regulatory Agency Comments Others as appropriate Glossary of Terms (I'm including these at the end of the outline so they are r-ot forgotten. We still need to figure out if they are appropriate to include in Part I or Part H) Alternatives 1. Enhancement 2. Enlarge Site 1 or integrate with P-1 channel 3. Adding other areas to program (i.e., breach dike betwee,7 2 cells in City of Renton wetlands) 4. Preservation credits for City wetlands at 27th St. S. Fee-in-lieu detention for zones around City wetlands a+td mitigation banking sites MINUTES TO MEETING AGENCY MEETING NO. 1 May 2, 1994 The first agency meeting was held at the City of Renton Community Center to discuss the City's proposed Wetland-Mitigation Banking Program. In attendance were the following: Ron Straka, City of Renton Ben Meyer - NMFS Scott Woodbury, City of Renton Eric Stockdale - WDOE Tracey McKenzie, Parametrix Gail Terzi - Corps Phil Schneider - WDFW T. J. Stetz - Corps Dennis Carlson- USFWS Dick Larson - Senator Dunn's Office MEETING MINUTES: Ron Straka opened the meeting and defined the purpose of the meeting. Ron identified what topics were going to be covered. Topics to be covered in this first meeting included: • the project history; • goals and objectives; • site conditions; • alternative site designs under consideration; • overall permitting issues; and • establishing a process and commitment for development of an agreement with the agencies to implement the mitigation bank. Ron asked'that each person introduce themselves-and state their responsibilities. Ron stated that.the City recognizes that each agency staff who will be working on this project needs to work within their regulatory framework and that the City is not asking for special consideration. However, the City does ask that agency staff support and make a commitment to work positively toward the completion of a Memorandum of Agreement (MOA) (or surrogate for an MOA) that could serve as a model for other communities, and work together cooperatively. Ron then provided a brief project background that covered the following: • In response to the Growth Management Act (GMA), the City adopted an ordinance in 1992 that regulates activities in wetlands which recognized mitigation banking as an alternative means of providing compensation for wetland impacts. • The City and Glacier Park executed an agreement which transferred two parcels (Mitigation Banking Site 1 and 2) within the Black River Basin to the City of Renton for use as a wetland mitigation bank. City of Renton Proposed Wetland Mitigation Banking Program Page 2 • Under the agreement, the City would allow the filling of up to 5.33 acres of low quality wetland on six different parcels. Currently, 4.18 acres of wetlands have been filled under Corps Nationwide 26 permits. • The City would restore high quality wetlands on the mitigation bank sites to provide mitigation for fills allowed under the agreement with Glacier Park. Any excess wetland credits remaining on the mitigation bank sites would be used to offset other losses to wetlands due to development in the same drainage basin. • The City has invested significant resources in the bank and is committed to its implementation. • The City has adopted a comprehensive plan in compliance with growth management standards that seeks to protect, and if possible, enhance natural resources. Scott Woodbury presented the goals, objectives, and policies of the project (refer to the goals, objectives, and policy handout distributed prior to the meeting) and indicated that: • The City's mitigation bank program is to be consistent with the agreement between the City and Glacier Park, the City's wetland ordinance, and the City's Comprehensive Plan. • The mitigation banking program should clarify and help streamline the permit and mitigation process. • The intent is to implement the policy of no net loss of wetland resources in a manner that optimizes the ecological benefits while providing a creative solution for promoting controlled economic growth in compliance with the requirements of the GMA. Phil Schneider asked if the program would apply to only public projects, or to both public and private projects. Response: Currently, the program is intended for both public and private projects. Scott indicated that the City would like to be under construction by next summer (on Mitigation Banking Site 2) and that we need to map a path from now to then. Scott provided a review of the hydrologic information about the sites and project area (entire drainage basin). There is a lot of information on the watershed hydrology and wetland resources within the watershed. The City has been developing continuous simulation hydrologic (HSPF) and hydraulic (FEQ) models for the watershed under current conditions and future development scenarios. More detailed information will be presented as the project progresses. City of Renton Proposed Wetland Mitigation Banking Program Page 3 Tracey McKenzie gave a brief overview of the existing conditions (i.e., soils, vegetation, hydrology, proximity to other habitats/wetlands) of the Mitigation Banking sites. Refer to handouts from the meeting. The remainder of the meeting was spent discussing a process for obtaining agreement and approval of the agencies, anticipated permitting requirements, and other issues. Specifically, the issues discussed are as follows: AGENCY AGREEMENT AND APPROVAL THROUGH MOA • Any MOA would need to be agreed to and signed by Corps headquarters. • There is a draft National Policy of Mitigation Banking being reviewed by the federal agencies. It is possible that if the City elected to have an MOA with the agencies and the National Policy is issued, the project would be subject to the provisions and requirements of the National Policy. • If the City wants an MOA with the agencies, the Corps would likely become the lead agency and the City would have less control over the mitigation bank. • Under the MOA scenario, an interagency team would end up deciding whether projects required to provide mitigation as a condition of permit are eligible to use the mitigation bank. AGENCY AGREEMENT AND APPROVAL THROUGH THE 404 PROCESS An alternative to the MOA was to establish a mitigation agreement as part of the 404 process and permit needed for restoring wetlands on the mitigation bank sites. Under this scenario, the City could have more control over the management and use of the bank. The agencies would approve the mitigation sites as projects in and of themselves through the 404 process, but that would not guarantee that future potential users of the mitigation bank sites will make it through the permit process and be eligible for using the mitigation bank. The City needs to decide how they want to have the program structured and what type of agreement they want. OTHER ISSUES/ITEMS IDENTIFIED AND BRIEFLY DISCUSSED • Irrespective of whether the City decides to develop a formal MCA with the agencies or a mitigation agreement as part of the 404 permit process, the Washington State Department of Transportation MOA could be used as a model. • Ben Meyer indicated that the City may need to mitigate for impacts to any existing wetlands on the site that would be affected by the restoration/creation action to establish mitigation banks. • Ron Straka indicated that the demand for developable sites is high. He knew of 6 sites in high demand as well as other parcels. Currently, the going rate is City of Renton Proposed Wetland Mitigation Banking Program Page 4 about $4.00 to $5.00 per square foot of developable land. We should not get caught up in the number game when it comes to looking at impacts, losses and gains. Again, keep in mind the existing functions, the functions to be gained, and the goal of achieving a true "no-net loss" of wetlands. • Eric Stockdale indicated the need to look at the project from a landscape and watershed perspective and consider what is being put back that was historically lost. Also, we need to consider the additional functions that can be gained by this action. • The Corps indicated that when they go out for public notice they will want to include information on the existing functions and the functions proposed. The City will need to decide on a methodology that will provide this type of information. Tracey asked if the agencies had a particular preference for a method. Everyone agreed that there are several available that there is not one particular agreed-to method, and that we (the City and the consultant) need to identify what method we are going to use. We responded that was acceptable but we did not want to get into a situation where we use one method and have comments come back later in the process saying we should have used another method. The City and their consultant will discuss which method or combination of methods would be suitable for these sites. A standardized form could be developed for whichever method or combination of methods is used so that it may be applied now and many years from now. • Tracey went over the three overheads (also a handout) that described the federal, state, and local permits that may be needed for the project. In general, she asked the federal and state agency representatives if all the potential federal and state permits were identified and correct. Eric Stockdale needs to check on whether a water rights permit is necessary and about a dam safety permit. The agencies recommended that the City include the Muckleshoot Indian Tribe in the development of the Wetland Mitigation Banking Program. The meeting was brought to a close and the City indicated that agency staff will be contacted at least three weeks in advance of the second agency meeting. H:DOCS:94-602:SSW:ps i AUG- 2-94 TUE 11 :20 PARAMETRIX FAX N0, 206 889 8808 P. 01/16 iq Post-it'Fax Note 7671 Dale peges� s'� To From Y�LeQif 5 /✓' C�j kud t 1 t� ( { P`C' r/a co./D C ��✓r4 jl' �^ Phone# Ph.)ne# 1v l:t" Fa c q MEMORANDUM to: Scott Woodbury gust 1, 1994 from: Tracey Mckenzie AUG 2 - 1994 re: Cityof Renton Wetland Mitigation Bank Plan CITY ee RENTOt. g Engineering Dept. My thoughts on direction, what need to happen, and changes in scope of work 1. Revise chapters 1-6 (delete chapter 3) 2. Prepare technical mitigation plan using the Washington Department of Ecology Guidelines for Developing Wetland Mitigation Plan Proposals 3. Finalize draft programmatic mitigation plan. This deals with how it will be administered, Some of the issues identified in chapter 3 relate to the administration of the bank. I need to know if the City agrees with the recommendations so that I can incorporate them into this section. 4. In lieu of a draft MOA as a product - we should consider using the mitigation plan kp as the basis for getting a 404 permit. I believe both you and Ron agree that the City should use the 404 permitting process as a way to get buy off from the agencies on a mitigation bank versus a MOA with an oversite committee. 5. Overall site plans for each site have been prepared. It does not seem feasible (from a cost perspective) to develop a third alternative showing just a portion (5.33 acres 1-1 for Glacier Park impacts) of site 2 being alterec'. Instead the site plan showing the complete build out of site 2 appears to be the plan that the City and agencies were interested in. 6. For the purposes of permitting the sites (in part;cular Site 2) it is important to have a conceptual grading plan showing the new elevations and planting plan (these are on the figures produced by Talasea). The detail-A grading and planting plan should be prepared concurrent with or following permit approval from the Corps. Decent conceptual and detailed drawings for Site 1 should be prepared after additional information is collected on the site. The conceptual plan prepared for site 1 is s AUG- 2-94 TUE 11 :21 PARAMETRIX FAX N0, 206 889 8808 P, 02/16 to: Scott Woodbury from: Tracey Mckenzie August 1, 1994 Page 2 adequate considering the data that available to use. 7. An assessment of functions of the existing wetland communities on the two sites needs to be completed. An assessment of functions that we anticipate following construction of the banks also needs to be prepared. This will be needed for permit approval. I recommend that for the purposes of permitting, we use WET II to iy c, evaluate existing and proposed functions. Thi., is the method that the Corps has typically used and will rely to support the permit application. However, WET II should be used along with a modified version of the Washington Department of vS Ecology's Characterization Inventory forms that assess wetland condition, habitat L value, hydrologic features, and cultural features (original Ecology forms and modified t ►-j forms attached for your information). Please note that Ecology's inventory forms do not allow you to come up with a final rating of i ow, medium, high, or 1, 2, or 3; the Nil modified version does. All we did was put numbers to Ecology's parameters to allow you to come up with a rating. The results fram the modified version would be \4� v evaluated in the context of the WET II results. Together the results from WET II V and the modified Ecology form can be used to determine existing and proposed a functions and values. This is an out-of-scope activity. The cost for completing the functional assessments �s for existing and proposed conditions of the sites along with interpretation is $ 5,648.00 (assumes 7 days). They can be completed in a relatively short period of time (within 5 to 6 working days). If the City determines that it is necessary to complete a functional assessment on the Glacier Park sites that were permitted under Nationwide 26, additional time and labor woul-I be necessary (estimated to take 2 additional days ($1,328.00). However, I'm not convinced that doing a functional assessment on sites that have already been permitted will be to your advantage. Maybe you should consider using a strict acreage replacement for the Glacier Park site and a combination of acreage and function to determine appropriate mitigation ,taio$ for future development proposals. -4 pet'heds for the purposes of permitting this project then the Corps I&M method to be used by &-velopers to assess the functions of ' These methods wN also need to be used as part of �`� of the constructed' .ems over time. VET II can be #no must wa444 4x*" ng firms who do wetland work 00 NVET II. It is aot#a 40cult to use. Ecology's r AUG- 2-94 TUE 11 :22 PARAMETRIX FAX NO, 206 889 8808 P, 03/16 to: Scott Woodbury from: Tracey Mckenzie August 1, 1994 Page 3 wetland characterization forms are available from Ecology and most wetland consultants use these or modified versions (li}.e ours). The City could consider adopting the modified version we have developE.d and used on several projects, and make the modified version available to developers. 8. Another out-of-scope activity that has already occurred is assisting the City on the adjacency issue. I recognize that we may not be able to recover these costs but I wanted you to be aware of what those costs were. For Parametrix the costs were for 36 hours ($2,988.00) and $ 2,025.00 for Talasea for a total of $5,013.00. This included writing up information, talking to resou rces agencies and coordinating with the City, 9. As soon as the City authorizes work to proceec with the functional analyses, I will start work on them. In the mean time I am revising the chapters you had comments on and have started revising the mitigation plan to put it in the format of Ecology's guidelines. This will add some time (about 2 days - 1 day for me and 1 for my technical assistant) to prepare the mitigation plan. Using their format (which was signed off on by all the pertinent agencies) should help in the review of the permit application. 10. The technical and programmatic plan along with revised chapters you reviewed once will be submitted to you between September 5 and 15. Following City review, we will finalize the document for the City. Please call me at (206) 828-4202, extension 3459 to discuss. WETLAND MITIGATION BANK PROGRAM AGENCY MEETING NO. I MAY 2, 1994 STAFF AT MEETING Ron Straka Scott Woodbury Tracey McKenzie MATERIALS AND SETUP FOR MEETING Materials aerial photograph of valley area display maps of site plan alternatives overheads agenda goals, objectives,and policies wetland inventory and summary table remaining activities and schedule gantt chart figures of bank sites 1 and 2 figure of wetland inventory and summary table figures of entire watershed and tributary area to bank sites 1 and 2 regulatory permit table easel,paper, and markers Setup Chairs around a central table for"roundtable discussion" OPENING- Ron Straka Meeting purpose(refer to agenda) Summary 1. convey information on the project background city goals,objectives,and policies existing site conditions alternatives under consideration 2. establish process and commitment for development of an MOA 3. overview permitting issues Comments/expectations Recognize that each individual who will be signing the agreement has to work within their regulatory framework and that we are not asking for special consideration,but for their: a) commitment and support to work positively toward the completion a memorandum of agreement for the establishment and implementation of the City of Renton Wetland Mitigation Bank b) provide a model for other communities c) work together cooperatively/teamwork T BACKGROUND-Ron Straka Refer to time line handout Refer to aerial display Briefly provide a o al ov iew of the history of the City wetland mitigation bank and agreement with glacier park,the City comprehensive plan,and the wetland ordinance. Conclusions 1. the city has invested significant resources in the bank and is committed to its implementation 2. the wetland mitigation bank parcels have already been established 3. the city has an obligation to fulfill under its agreement with glacier park(presently only 4.1 acres) 4. the city has a wetlands ordinance regulating activities in wetlands 5. the city has adopted a comprehensive plan in compliance with growth management for responsible growth that seeks to protect and, if possible,enhance natural resources GOALS,OBJECTIVES,AND POLICIES-Scott Woodbury Refer to goals,objectives,and policies handout Refer to remaining activities and schedule handout Overview the goals,objectives,and policies and suggest adding to the objectives to clarify that the project is also to: a. promotes economic development in areas already served by infrastructure while protecting wetlands function and values(comprehensive plan) b. establish functioning compensatory mitigation in advance of unavoidable loss of wetland C. consolidate mitigation for impacts to smaller,scattered wetlands into a larger,contiguous parcel d. reduce regulatory uncertainty and increase the potential for successful mitigation e. provide a more cost-effective solution for wetland impact mitigation Conclusions l. the city mitigation bank program is to be consistent with the glacier park agreement,wetlands ordinance, and comp plan 2. the wetland mitigation bank program is to clarify and streamline the mitigation process 3. implement the policy of no net loss of wetland resources in a manner that optimizes the ecological benefits while providing a creative solution for promoting controlled economic growth in compliance with the requirements of GMA BASELINE CONDITIONS-Tracey McKenzie and Scott Woodbury Refer to figures of bank sites 1 and 2 Refer to figure of wetland inventory and summary table Refer to figures of entire watershed and tributary area to bank sites 1 and 2 Scott will first briefly overview the hydrologic setting for the watershed and the bank sites. Tracey will briefly overview the wetland communities and categorization of the bank sites and City of Renton wetland inventory area. Conclusion 1. wealth of information on the watershed hydrology and wetland resources SITE PLANS-Tracey McKenzie Brief review of the site plan alternatives for conversion of the sites. Conclusion 1. potential for meeting the goal and objectives of the wetland mitigation bank program(creating new wetland acreage and improving the function and values of the existing wetlands etc) ESTABLISH PROCESS AND COMMITMENT FOR DEVELOPMENT OF THE MOA-ALL (Tracey McKenzie,facilitator) Using an easel for all to see, record the process as it is formulated by the group. Briefly discuss the process used for WSDOT agreement and how the process can be adapted and improved upon for this project. Process(below is a potential scenario for the process) I. Using the WSDOT agreement as a model,prepare and circulate for comment: a)outline of proposed agreement; b)preliminary draft scope,purpose(goal), and objectives of the agreement; c)preliminary goals and objectives of the program. 2. Meeting No.2: a)finalize the agreement outline,scope,purpose,and objectives;b)discuss each remaining item of the outline to define focus of preliminary draft. 3. Prepare preliminary draft of the agreement and circulate for comment. 4. Meetings No. 3 and 4 to resolve any concerns with the preliminary draft. 5. Submit revised preliminary draft for final approval of staff. Once approved,then circulate draft agreement for formal concurrence of administration, legal review(City Council, Corps Chief of Regulatory,etc) 6. Revise draft to address comments from administrative and legal review. Meeting No. 5, if needed, to resolve any comments from administrative review. 7. Final agreement document circulated for signature. Have brainstorming session to list suggestions that would facilitate reaching agreement. Establish Communications Future meetings-when,where(commitment to attend important) Agenda and minutes-circulate draft and final agenda prior to each meeting Follow-up phone call for those not in attendance Written review of documents in a timely manner Dispute resolution process to ensure timely review Other suggestions to improved and timely communication Conclusion 1. ability to formulate and agree to process and communication demonstrates support and a desire to work cooperatively toward reaching agreement. REGULATORY REQUIREMENTS-Tracey McKenzie Refer to overhead of regulatory permit table Overview the permit requirements for implementation and discuss. Conclusion 1. the project must pass through extensive regulatory review and any assistance to expedite review appreciated. r FOLLOW-UP Meeting minutes will be prepared by Tracey and submitted to the City for review and distribution to the agencies. Other follow-up needs will be defined in the meeting. CITY OF RENTON SURFACE WATER UTILITY WETLAND MITIGATION BANK PROGRAM AGENCY MEETING May 2, 1994 PRESENTATION OUTLINE INTRODUCTION: Ron Straka, City of Renton Surface Water Utility Engineering Supervisor. Introduce yourself by giving your name, the agency that you represent and what you see as being your agency's role as it relates to this project. PURPOSE: The purpose of this meeting is: I To provide information about and discuss with you the proposed Wetland Mitigation Bank Program. II To gain regulatory support for this approach to wetlands management. III To establish principles and procedures to be used in the implementation and operation of the City of Renton Wetland Mitigation Bank to allow the issuance of the required permits for the construction of the Wetland Mitigation Bank through a Memorandum of Agreement with the appropriate resource agencies. EXPECTIONS: We recognize that each individual agency involved in this project has to work within their regulatory framework and we are not asking for special consideration, but for their: a) Commitment and support to work positively toward the establishment and implementation of the City of Renton Wetland Mitigation Bank b) Work together cooperatively/teamwork c) Provide a model for other communities PROJECT DESCRIPTION: The project consists of mitigating for wetland impacts within the Basin by creating wetlands on two sites where uplands currently exist and enhancing existing wetlands on the two sites to create larger, contiguous wetlands of higher function and value. BACKGROUND: I As part of the Growth Management Act requirement, the City of Renton conducted an inventory of wetlands within the City and adopted a Wetland Management Ordinance in March of 1992. The ordinance requires the use of the 1989 Federal Manual for Identifying and Delineating Jurisdictional May 2, 1994 Page 2 Wetlands. The ordinance requires that filled wetland be replaced in equal or greater acreages even if it is less than one acre (No Net Loss) II In May of 1992 the City signed a Wetland Mitigation Banking Agreement with the Glacier Park Company. Under the agreement, the City was given two parcels of land totaling 45 acres with existing wetlands on 25.55 acres of the two sites and the remaining area on the two sites containing 19.35 acres of z� uplands. In return, the Glacier Park Company was permitted to fill up to 0.99 acres of wetlands on six separate parcels land for a total of 4.11 acres in accordance with an Army Corps of Engineers Nationwide #26 permit and the City of Renton Wetland Management Ordinance. The agreement resulted because the Glacier Park Company was liquidating all land holding and going out of business. The City is responsible for mitigation for the 4.11 acres of filled wetlands on these six parcels. The Agreement allows for a total of 5.33 acres of wetlands to be fill, but additional permits are required prior to being allowed to fill (predischarge Notification, Individual 404 permit) III The implementation of Wetland Mitigation Banking is a recommendation of the City's Comprehensive Plan and will help achieve the goals of Growth Management for increased density in Urban areas with out the loss of wetlands functions, values and acreages SUMMARY: 1. The City has invested significant resources in the bank and is committed to its implementation and success. 2. The wetland mitigation bank parcels have already been established 3. The City has an obligation to fulfill under its agreement with the Glacier Park Company (presently only 4.11 acres) 4. The City has a wetlands ordinance regulating activities in wetlands. 5. The City has adopted a comprehensive plan in compliance with growth management for responsible growth that seeks to protect and, if possible, enhance natural resources. 6. The City wants to work cooperatively with all of the agencies responsible for regulating wetlands, to allow for the implementation of the Wetland Mitigation Banking Program in an efficient and cost effective manner. We cannot do this without your support and help. CONCLUSION: Now Scott Woodbury will present the an overview of City goals, objectives, and policies that relate to the Wetland Mitigation Bank Program. D:Vstraka\swucip\brwgmp\wetbank.doc RECEIVED PUBLIC 'OR"S DEPT. the ie,i1 3 u, ITY OF RENTON Wetslandbank stores mitigation credits PEMBROKE PINES, Fla. (PRN)—A wetlands bank has been es- tablished by a private organization in Florida to mitigate for the en- vironmental losses incurred during development. Clients purchase credits in the Florida Wetlandsbank in return for the development of their land. Permitting agencies determine eligibility and the number of cred- its needed to mitigate for a development. The project is funded solely by mitigation credit sales, with a trust fund established by the partnership ensuring perpetual maintenance. The U.S. Army Corps of Engineers has approved the practice. Work is underway at Florida Wetlandsbank's first bank site. Envi- ronmental consultants are designing, permitting and constructing an ecosystem with mixed habitats typical of the Everglades and a lim- ited passive park.The partnership will maintain the wetlands for five years after planting, then return responsibility to the city of Pembroke Pines. 01 / l.� V - r CITY OF RENTON COMMUNITY CENTER 1715 MAPLE VALLEY HIGHWAY,RENTON,WA 98055 WEEKLY RENTAL APPLICATION • (Monday- Thursday) PLEASE PRINT Rental Request(circle one): Banquet Room Arts&Crafts A Arts &Crafts B Kids Korner Rental Day(s): Dates: Time: r to 3:3 ci Applicant: Phone (day) (evening) Address: Street City Zip Type of Function(circle one): Social Meeting Banquet Other Estimated number of guests: adults minors Will alcohol be served? Yes No[_J Will decorations be used? Yes [ ] No[ ] Is yes,what type Caterers Name (if applicable): Phone: Will a fee be charged? Yes [_J No " If yes, explain: Set up requirements: AGREEMENT: The undersigned hereby makes application to RENTON PARK DEPARTMENT for use of RENTON PARK facilities described above and certifies that the information given in the application is correct. The undersigned further states that he/she has the authority to make this application for the applicant and agrees that the applicant will observe all rules and regulations of the RENTON PARK BOARD. The applicant agrees to exercise the utmost care in the use of the PARK premises and property and to save the RENTON PARK DEPARTMENT harmless from all liability resulting from the use of said facilities and further agrees to use only those facilities indicated above. Applicant further agrees to read and abide by the Rules and Regulations. No alcohol is allowed for anyone under 21 years of age. Renters are responsible for anyone leaving the function under the influence of alcohol and/or drugs. The Renton Police Department will be called if any illegal situations occur on the premises. Applicant Signature Date FOR OFFICE USE ONLY Rental Fee: $ Approved: Yes LJ No Li Damage Deposit $ Additional Fees: $ Insurance Fee: $ There is a W.00 non-refundable cancellation fee for the banquet room. Total Payment: $ Final Payment/Set-up Sheets Due: • Staff Signature: Date: The Renton Parks&Recreation Department and/or its staff or personnel are not responsible for lost or stolen articles. White copy.Office;Yellow copy:Facilities;Pink copy:Applicant A CONCURRENCE DATE N ME INITIAL/DATE } March 31, 1994 Mr. Richard Larsen, Operations Director 8th District 50 - 1 16th SE Bellevue, WA 98004 SUBJECT: CITY OF RENTON WETLAND MITIGATION BANKING PROGRAM STATUS REPORT Dear Mr. Larsen: The City of Renton is working to establish a wetland mitigation banking program that will result in no net loss of wetlands and create large, continuous wetlands of higher quality on City property in the Black River drainage basin. These created wetlands will be used to offset impacts to lower quality wetlands by private and public development that may occur in the same drainage basin. The wetland mitigation banking program provides a creative solution to preserving, and potentially improving, valuable wetland resources while promoting controlled economic growth in compliance with the requirements of the Washington State Growth Management Act. Enclosed for your information is a copy of a status report for the project. There are many issues involved in setting up a wetland mitigation bank. The success of the wetland mitigation bank depends upon reaching agreement with the Corps of Engineers and other regulatory agencies on what can and cannot be done. As discussed in the attached status report, the issue of adjacency is of great concern. Under an adjacency determination a Section 404 individual permit would be required for any development project with impact to wetlands, regardless of the wetland size or value. The Corps indication that all other wetlands within the valley could likely be considered adjacent may negate the whole concept of the banking program as we have little confidence that there would be any demand for the wetland mitigation bank. This is because the cost involved in processing a 404 individual permit with little assurance of success leads developers to look at other sites in other cities. It is difficult to dispute an adjacency determination because the Corps practice is to make these determinations on a case-by-case basis according to criteria not available for public review. Therefore, even if agreement on the wetland mitigation bank program could be/esaabhsh-e-d' v h the Corps and other agencies, the potential for recovery of imple entation costs i� highly uncertain. We have electedLrps 4�for and with the wetland mitigation banking program and hope that the Cdirecti s on adjacency will change later this year through the J current reauthorization process for the Clean Water Act. However, without some assurance of adequate demand for the bank we are concerned that the cost of developing and implementing the wetland mitigation bank may not be economical feasible. Your support is appreciated. If you have any questions, please call Ron Straka at (206) 277-5548 or Scott Woodbury at (206) 277-5547. Sincerely, Earl Clymer Mayor H:DOCS:94-:SSW:ps CC: Gregg Zimmerman Ron Straka Scott Woodbury Enclosures CONCURRENCE DATE -= 2. NAME INITIAVDATE March 31, 1994 ,�� 77— it 37/ Mr. Mike Kreidler, Congressman ------.- 9th District P.O. Box 4839 Federal Way, WA 98063 SUBJECT: CITY OF RENTON WETLAND MITIGATION BANKING PROGRAM STATUS REPORT Dear Congressman Kreidler: The City of Renton is working to establish a wetland mitigation banking program that will result in no net loss of wetlands and create large, continuous wetlands of higher quality on City property in the Black River drainage basin. These created wetlands will be used to offset impacts to lower quality wetlands by private and public development that may occur in the same drainage basin. The wetland mitigation banking program provides a creative solution to preserving, and potentially improving, valuable wetland resources while promoting controlled economic growth in compliance with the requirements of the Washington State Growth Management Act. Enclosed for your information is a copy of a status report for the project. There are many issues involved in setting up a wetland mitigation bank. The success of the wetland mitigation bank depends upon reaching agreement with the Corps of Engineers and other regulatory agencies on what can and cannot be done. As discussed in the attached status report, the issue of adjacency is of great concern. Under an adjacency determination a Section 404 individual permit would be required for any development project with impact to wetlands, regardless of the wetland size or value. The Corps indication that all other wetlands within the valley could likely be considered adjacent may negate the whole concept of the banking program as we have little confidence that there would be any demand for the wetland mitigation bank. This is because the cost involved in processing a 404 individual permit with little assurance of success leads developers to look at other sites in other cities. It is difficult to dispute an adjacency determination because the Corps practice is to make these determinations on a case-by-case basis according to criteria not available for public review. Therefore, even if agreement on the wetland mitigation bank program could :7NVViv9 ith the Corps and other agencies, the potential for recovery of imp 1� highly uncertain. We have electe d with the wetland mitigation banking program and hope that the n adjacency will change later this year through the Mike Kreidler Wetland Mitigation Bank Plan Status Report Page 2 current reauthorization process for the Clean Water Act. However, without some assurance of adequate demand for the bank we are concerned that the cost of developing and implementing the wetland mitigation bank may not be economical feasible. Your support is appreciated. If you have any questions, please call Ron Straka at (206) 277-5548 or Scott Woodbury at (206) 277-5547. Sincerely, Earl Clymer Mayor H:DOCS:94-323a:SSW:ps CC: Gregg Zimmerman Ron Straka Scott Woodbury Enclosures F CONCURRENCES WETLAND MITIGATION BANK PLAN DATE 31L Y STATUS REPORT NAME� INITIAL DAD ' 5Qt? w �. MARCH 31, 1994 �� ,--�--- 59 0 A. BACKGROUND On May 18, 1992 the City executed a wetland mitigation banking agreement with t -_ , J Company, as authorized by the City Council. Under this agreement, the City was given two properties totaling 45 acres in exchange for permits to fill up to 0.99 acre of low quality wetlands on each of six other Glacier Park parcels. The City also agreed to pay for and complete on the mitigation bank sites any mitigation for impacts on the Glacier Park parcels required by the City of Renton Wetlands Management Ordinance, although no mitigation for the fill was required by the Army Corps of Engineers. After fulfilling the requirements of the Glacier Park agreement, the City will use the remaining available acreage on the mitigation sites to mitigate for wetland impacts from other projects. B. ACTIVITIES COMPLETED TO-DATE In July 1993 the City executed a contract with Parametrix, Inc., to establish the technical and programmatic framework for the conversion of existing uplands on the City mitigation bank site to wetlands, and for the use of the created wetlands as compensation for other wetland impacts within the watershed, including the impacts permitted by the City under agreement to Glacier Park (up to 5.33 acres). Using information provided by the City on conditions within the watershed and on the wetland mitigation bank sites, combined with on-site visits and soil exploration, the consultant prepared exhibits for presentation in public meetings. The exhibits included: 1) existing conditions of the bank sites and surrounding area; 2) preliminary goals, objectives, and policies for the wetland mitigation bank program; 3) the regulatory permit process; and 4) comparison of advance and concurrent compensation of wetland impacts. Two public meetings were held in late October 1993 to invite comment on the proposed wetland mitigation bank project from interested individuals, groups, property owners, and developers. General support of the project was expressed. Issues discussed focused around the scope of improvements, the potential for successful wetland creation, and the details on the implementation and operation of the bank. A subsequent meeting with regulatory agencies scheduled for early November 1993 had to be canceled because of a labor strike by City union employees. The decision was made to not reschedule the agency meeting until a separate meeting with the Army Corps of Engineers could be arranged to discuss concerns with the Corps expressed intent to issue an adjacency jurisdictional determination for the wetlands within the mitigation bank sites. Because of the authority granted the Corps by Section 404 of the Federal Clean Water Act to regulate activities within wetlands, identification of the jurisdictional status was needed. This would establish Corps permitting requirements associated with alternative site specific plans for converting the existing uplands on the bank sites to wetlands and potentially restoring the existing wetlands. A meeting could not be arranged until late January 1994 with Tom Mueller, Chief of the Corps Regulatory Branch in Seattle, and supporting staff. The response of the Corps may be summarized into the following main points of the meeting: 1. The Corps will not reconsider the adjacency ruling on the wetland mitigation bank sites. Surface hydrology to Springbrook Creek was deemed to be irrelevant. Other issues were noted to be of more importance to the Corps, such as wetland evaluation methods, performance standards, wetland compensation credit withdrawal procedures, and other bank operation issues. Wetland Mitigation Bank Plan Status Report as of March 31, 1994 Page 2 2. The Corps did a poor job of determining adjacency in the past and would not make the same ruling for previous determinations if made today. Although determinations are made on a case- by-case basis only, the Corps speculated that most, if not all, of the valley would be ruled adjacent based upon currently used criteria. 3. The Corps published criteria for determining adjacency is very broad and vague. In an effort to facilitate consistent determinations, the Corps Seattle branch uses a supplemental, multi- parameter checklist. However, the checklist is for internal use only and is not available to the public. 4. The Corps permitting authority is currently under review and may change within a year in a way that will do away with adjacency rulings. The following comparison table illustrates the changes regarding thresholds for impacting wetlands: Current Thresholds Proposed Thresholds Regional Permit 0.0- 1.0 acres. Isolated 0.0 - 0.5 acres for any wetland. (Nationwide) wetlands only. Regional Permit With 1.0 -2.0 acres. Isolated 0.5- 3.0 acres for any wetland. Pre-discharge wetlands only. Notification Individual Permit Over 2.0 acres for isolated Over 3.0 acres for any (Requires alternatives wetlands. wetland. analysis) Over 0.0 acres for adjacent wetlands below the headwaters. 5. Any impacts to existing wetlands on the wetland mitigation bank sites will require a 404 individual permit. An August 23, 1993 Regulatory Guidance Letter and an October 25, 1993 Draft Mitigation Banking Guidance Document will be used by the Corps to formulate the individual permit conditions. The Corps recommended initiating, as soon as possible, the process of developing a multi-agency agreement regarding the wetland mitigation bank. The agreement would spell out mitigation and specifically what can and cannot be done in the use of the sites as compensation for other wetland impacts. The Corps indicated that the bank sites could be used as compensation for a multi-acre wetland impacts due to a single project, although the Corps would prefer compensation for many separate and smaller impacts. 6. The Corps 404 individual permit process requires evaluation of alternatives. In general, on-site mitigation is favored over off-site mitigation. 7. The Corps generally supports the mitigation banking program, but foresees many hurdles and a minimum of a year long process in obtaining a final inter-agency agreement. A copy of an agreement between the Washington State Department of Transportation and wetland resource agencies that is pending execution was provided. The agreement was noted as a potential model for a similar agreement between the City and wetland resources agencies for the City wetland mitigation bank project. Due to the significant effort and cost already expended in acquiring the wetland mitigation bank sites and in establishing a wetland mitigation banking program, work on the project will continue. Letters of invitation to the representatives of the regulatory agencies are being prepared to reschedule the agency meeting and initiate the process of creating a wetland mitigation bank agreement. Wetland Mitigation Bank Plan Status Report as of March 31, 1994 Page 3 C. REMAINING ACTIVITIES AND SCHEDULE Agency and public meetings. Qtr 2, 1994 Draft wetland mitigation plan completed. Agency meetings. Qtr 3, 1994 Final plan complete, preliminary design drawings completed. Qtr 4, 1994 Draft agency agreement completed. Submit for SEPA review and permits. Qtr 1, 1995 SEPA completed. Local land use permits issued. Qtr 2, 1995 Federal 404 and State permits issued, final design completed. Construction permits issued. Qtr 3, 1995 Construction completed. H:DOCS:94-322:SSW:ps GREGG'S ACTION MEMO TO: Z y J y ❑ Please Call ROUTE TO: �jJ �� DATE: S �7 o� Q For your Information ISSUE/CONCERN: lb , l For Action ❑ For Signature y °`� 'c��-� C� ❑ Your Recommendation GOAL/ ❑ Per our Conversation I PREFERRED OUTCOME: Q Q Per your Request 16,h ❑ Copies Sent to , SPECIFIC DO'S OR DON'TS: FOLLOW UP: U!'J e ��-� � d P��V� ❑ TICKLER FILE (date) r Z��a C C�P�� � �1 �. � �i ❑ COMPLETED r (date) RESULTS: DUE DATE: focrosAag/ACTMEMO.DOCMG/bh 6771 T/L— 1172,117 L'; Y 1 -...,. �_ .._...-... ...... .++.a.......w...KwVa'.:y.iK6�il!aLWM1•....w r. .. w � _ 1 ' THE CITY OF RENTON DEPARTMENT OF I PLANNING/BUILDING/PUBLIC WORKS FOURTH FLOOR 200 MILL AVENUE SOUTH I W RE-NTON, WASHINGTON 98055-2189 FAX: 235-2541 ' FAX TRANSMITTAL DATE: TO: Mfst&4 LyNNf /Yllet FAX#: 2�- 75-3-2f'SO FROM: SC�JT w 000 g unit PHONE#: 2 77 - 55y7 SUBJECT: (,��i�.g,�r� ✓r, tf/(. ATrdrj iK4m( l°v- rao t r ATT-Ac k' is /¢A yawl- 91 A utpr ; ------ -- /, fL>$ R/ 19911, •-r4,vLo fl4x-. GA"G -'7- ro r-^yog CLy.4A Z fk*g /�)41H plio, To pf sfG,j 7ZA-W �, F.t-gi8,� o� (c-,a c�,�,c ►��* � �n N eLp>NGr w/ T�gig e� �.�� S Number of pagcs cxcluding cover shccc I d A X( ()V1 I( 1)O( ;,:, CITY OF RENTON MEMORANDUM DATE: February 1 1 , 1994 TO: Leslie Betlach Mary Lynne Myer Mark Pywell David Saxon Lee Haro FROM: Scott Woodbury 5 SUBJECT: WETLAND MITIGATION BANK PLAN PROJECT PROJECT UPDATE We met as a design team on December 13, 1993 to review the preliminary draft of Chapter 1-6 of the Wetland Mitigation Bank Plan document. Our latest meeting was on December 14, 1993 with the project consultants to review conceptual site plans for wetland creation on the wetland mitigation bank sites. It was concluded at the meeting that the conceptual site plans would be acceptable for presentation to the public and agencies as preliminary alternatives. However, we have yet to schedule these meetings because a separate meeting with the Corps of Engineers was to be held first regarding the wetland adjacency issue. The Corps was not able to meet with us until January 31 , 1994. Attached is a copy of a February 8, 1994 memorandum from Gregg Zimmerman to Mayor Clymer for your review. It summarizes the January 31 , 1994 meeting with the Corps and the corresponding implications to our wetland mitigation bank project. Three options for continuing the project were presented in the memorandum for the consideration of City management. It is anticipated that City management will be meeting next week to discuss the options. I will inform you of the meeting time and date once it has been determined. Gregg has said that he will ensure that all City departments with interest in the project are involved. Because of the requirement to satisfy City's obligations agreed to in the Glacier Park Agreement and the City Wetland Management Ordinance, we will continue with the preparation of the Wetland Mitigation Bank Plan. I will proceed with arrangement of the agency and public meetings for sometime in mid-March 1994. We need at least a one-month lead to ensure that the agency representatives are able to attend. February 11, 1994 Page 2 In preparation of these meetings, please find attached the following revised drawings for your review and comment: Site 1 - Moderate Impact Option. Revised January 24, 1994. Site 2 - Low Impact Option. Revised January 24, 1994. Site 2 - High Impact Option. Revised January 24, 1994. Because the drawings have been revised, please take another look at them and return any comments by February 28, 1994. These drawings are only preliminary and another revision prior to the agency meeting is not planned, unless in your review you determine that you don't want some element shown to the public. Please keep in mind that we don't have to decided the final configuration now. The plans are purposely noted as options to allow the agencies and the public to provide input that may be used to define the final alternative to be selected. The drawing for site 2 has been completely revised to correct the topography for the site, which was incorrectly shown in the first version presented by our consultants on December 14, 1993. Because the project schedule has slipped due to the City Union strike and the difficulty in scheduling a meeting with the Corps of Engineers, we will not be doing any construction in 1994. With no further delays, we hope to be able to go to construction in 1995. 1 will continue to keep you informed as progress on the project continues. If you have any questions, please call me at X-5547. H:UTIL/S W/WTL-TEAMS S W:1 f Attachments cc: Ron Straka � A CITY OF RENTON MEMORANDUM DATE: February 8, 1994 TO: Mayor Earl Clymer Jay Covington FROM: Gregg Zimmerman �y STAFF CONTACT: Ron Straka (X-5548) Scott Woodbury (X-5547) SUBJECT: SUMMARY OF JANUARY 31, 1994 MEETING WITH ARMY CORPS OF ENGINEERS REGARDING WETLAND ADJACENCY DETERMINATIONS This memorandum is submitted as requested to summarize the January 31, 1994 meeting with the Corps of Engineers, and to outline conclusions to be drawn from the meeting regarding the City wetland mitigation bank project. A brief background of the wetland mitigation bank project and the events leading up to the January 31, 1994 meeting is also included. BACKGROUND: On May 18, 1992 the City executed a wetland mitigation banking agreement with the Glacier Park Company, as authorized by the City Council. Under this agreement, the City was given mitigation bank sites 1 and 2 (Exhibit 1) in exchange for permits to fill up to 0.99 acre of low quality wetlands on each of six other Glacier Park parcels. The City also agreed to pay for and complete on the mitigation bank sites any City-required mitigation for impacts on the Glacier Park parcels. After fulfilling the requirements of the Glacier Park agreement, the City will use the remaining available acreage on the mitigation sites to mitigate for wetland impacts from other projects. In December 1992 the City Council adopted the 1993 budget. The budget included appropriation for the wetland mitigation bank plan. On July 19, 1993 the City executed a consulting contract with Parametrix, Inc., to establish the technical and programmatic framework for the conversion of existing uplands on the City mitigation bank sites to wetlands, and use of the created wetlands as compensation for the Glacier Park mitigation and other wetland impacts within the watershed. As advised by the project consultant, a letter was sent to the Army Corps of Engineers from the City in August 1993 requesting that the Corps complete their jurisdictional determination regarding the adjacency status of the wetlands within the wetland mitigation bank parcels. Identification of the jurisdictional status was needed in order to establish Corps permitting requirements associated with alternative site specific plans to convert the existing uplands on the bank sites to wetlands and potentially restore the existing wetlands. During a visit to the sites by the Corps, City staff, and project consultants on September 14, 1993 for the purpose of completing the field portion of the determination, the Corps indicated that the wetlands on the Mayor Earl Clymer Jay Covington February 8, 1994 Page 2 bank site would be called adjacent. Concerns over the effect of an adjacency determination to the project, and the potential precedent it would set for future determinations within the City, led to the effort of petitioning the Corps to reconsider their decision. Due to delays caused by the City Union strike in November 1993, a meeting with the Corps Tom Mueller and staff could not be held until January 31, 1994. The remainder of this memorandum summarizes the discussion with the Corps at that meeting and the conclusions that may be drawn. SUMMARY OF JANUARY 31, 1994 MEETING WITH THE CORPS The meeting opened with Ron Straka of the City Surface Water Utility presenting an overview of the project history and current status. Corps staff attending the meeting included Tom Mueller and all representatives responsible for adjacency determinations, as well as Gail Terzi, the Corps staff assigned to the wetland bank project. The attendance list is included as Exhibit B. Following the project overview, Ron Straka opened the adjacency discussion by presenting additional information not considered in the Corps adjacency determination document Memorandum for Record (MFR) received by the City in November 1993. It was pointed out that the MFR findings concerning the wetlands at the bank sites do not reflect that 98% of site 1 and 100% of site 2 are above the 100-year floodplain, and that the MFR findings for site 2 contradicts a 1992 Corps non-adjacency ruling regarding a portion of the wetlands on site 2. The response of the Corps may be summarized into the following main points: 1. The Corps will not reconsider the adjacency ruling on the wetland mitigation bank sites. Surface hydrology to Springbrook Creek was deemed to be irrelevant. Other issues were noted to be of more importance to the Corps, such as wetland evaluation methods, performance standards, wetland compensation credit withdrawal procedures, and other bank operation issues. 2. The Corps did a poor job of determining adjacency in the past and would not make the same ruling for previous determinations if made today. Although determinations are made on a case-by-case basis only, the Corps speculated that most, if not all, of the valley would be ruled adjacent based upon currently used criteria. 3. The Corps published criteria for determining adjacency is very broad and vague (Exhibit C). In an effort to facilitate consistent determinations, the Corps Seattle branch uses a supplemental, multi- parameter checklist. However, the checklist is for internal use only and is not available to the public. 4. The Corps permitting authority is expected to change within a year in a way that will do away with adjacency rulings. The following comparison table illustrates the changes regarding thresholds for impacting wetlands. Current Thresholds Proposed Thresholds Regional Permit 0.0- 1.0 acres. Isolated 0.0 - 0.5 acres for any wetland. (Nationwide) wetlands only. Regional Permit With 1.0- 2.0 acres. Isolated 0.5 - 3.0 acres for any wetland. Predischarge Notification wetlands only. Individual Permit Over 2.0 acres for isolated Over 3.0 acres for any (Requires alternatives wetlands. wetland. analysis) Over 0.0 acres for adjacent wetlands below the headwaters. Mayor Earl Clymer Jay Covington February 8, 1994 Page 3 5. Any impacts to existing wetlands on the wetland mitigation bank sites will require a 404 individual permit. An August 23, 1993 Regulatory Guidance Letter and an October 25, 1993 Draft Mitigation Banking Guidance Document will be used by the Corps to formulate the individual permit conditions. The Corps recommended initiating, as soon as possible, the process of developing a multi-agency agreement regarding the wetland mitigation bank. The agreement would spell out mitigation and specifically what can and can't be done in the use of the sites as compensation for other wetland impacts. The Corps indicated that the bank sites could be used as compensation for a multi-acre wetland impacts due to a single project, although the Corps would prefer compensation for many separate and smaller impacts. 6. The Corps 404 individual permit process requires evaluation of alternatives. In general, on-site mitigation is favored over off-site mitigation. 7. The Corps generally supports the mitigation banking program, but foresees many hurdles and a year long process in obtaining a final inter-agency agreement. A copy of an agreement between the Washington State Department of Transportation and wetland resource agencies that is pending execution was provided. The agreement was noted as a potential model for a similar agreement between the City and wetland resources agencies for the City wetland mitigation bank project. CONCLUSION The following conclusions may be drawn from the above summary of the January 31, 1994 meeting with the Army Corps of Engineers: 1. The Corps is much more proactive in making wetland adjacency rulings than they were even a year ago. Impacting an adjacent wetland, no matter what the size, requires an Army Corps 404 Individual Permit. This could have a profound impact on development in the valley, since the Corps stated the opinion that most wetlands in the valley are adjacent. 2. By being inflexible on the adjacency issue, the Corps maintains control over the development of the City wetland mitigation bank through the individual permit process. In order to create a functioning wetland system on the mitigation bank sites, some impact to the existing wetlands will be necessary, triggering the 404 individual permit process. Although it is anticipated that this would not prevent development of the wetland mitigation bank, it could alter the scope of the bank and add to the time and cost of implementation. Potential changes include: a. Compensation ratios greater than that required by the City Wetland Management Ordinance. b. Evaluation of wetland functions and values using a complex method, such as Wetland Evaluation Technical (WET), that is not required by the City Wetland Management Ordinance. c. Permitting, operation, performance, and maintenance requirements greater than that established by the City Wetland Management Ordinance. d. Limiting the amount of compensation credits available to be withdrawn until a minimum time period has passed. 3. There is no longer any reason for the Corps to withhold formal issuance of the bank sites MFR. The Corps has yet to formally issue the MFR, as requested earlier by the City to allow the City more opportunity to review the issue. 4. The City may choose to legally challenge the Corps adjacency determination. It is likely that a challenge would receive the support of neighboring municipalities and others with land interests in the valley. However, significant resources may be expended to reach a decision favorable to the City, only to have the adjacency issue no longer be a factor because of changes in regulations. The Mayor Earl Clymer Jay Covington February 8, 1994 Page 4 nearness of pending regulation changes alone may make formulating any challenge useless because of the time needed for initiating such a challenge. The vagueness of the Corps published criteria and the Corps' proprietary claims of their in-house checklist would also make formulation of a definitive legal challenge difficult. 5. Under current regulation, the authority of requiring compensatory mitigation lies solely with the City Wetlands Management Ordinance for impacts up to the 1 acre threshold of the Corps regional permit. Until there is a change in Corps regulation, issuance of new regional permits in the valley, such as nationwide 26, is unlikely at this time, given that the Corps has said that most, if not all, wetlands in the valley would be ruled adjacent. If no developers are willing to risk the Corps 404 individual permit process, then the potential users of the bank are limited to those with existing regional permits, or to those who are able to secure a new regional permit despite what the Corps has said. 6. The Corps jurisdiction is determined case-by-case for regional and individual permits. Pursuing a multi-agency agreement would better define the base of potentially qualifying users of the bank. Additionally, the developer may give increased consideration to using the bank if the support of the Corps and other wetland resource agencies is formally contained in an executed agreement. Formulation of a draft mitigation agreement is within the current scope of the City wetland bank consultant contract. 7. It is anticipated that the City will need to obtain a 404 individual permit for the wetland mitigation bank project regardless of whether or not the wetland mitigation bank site wetlands are determined to be adjacent. Even if the weltands were not determined to be adjacent, it is anticipated that the preferred alternative wetland creation/restoration plans for the mitigation bank sites will likely either require impact to the existing wetlands of greater than one acre and trigger the 404 regional permit pre-discharge notification process, or require impact to the existing wetlands of greater than two acres and require a 404 individual permit from the Corps. OPTIONS: Three choices are available to us: A. Do not challenge the Corps. Proceed with the mitigation bank project in anticipation of coming rule changes regarding wetlands. B. Challenge the Corps adjacency rulings. Since definition of"adjacent wetlands" is so broad, challenge would probably have to be political, rather than legal, and could involve other valley cities. C. Put a hold on the wetland mitigation bank project, but complete the project planning and construction required to satisfy the City's obligations agreed to in the Glacier Park Agreement (create 5.33 acres of wetland) and the City's Wetland Management Ordinance. A follow-up meeting should be set up to determine our approach. H:SW/WTL-ALOE/SSW:lf cc: Sam Chastain Chief Lee Wheeler Larry Warren Sue Carlson Design Team Members �1 1� iriir<j ll� ���I �a�_.J �Il CL/�U•n � � � � � ,,U'�,, 1\ s 0 .+ W IS11n 101M1 -''Vi.t'�V 1.. _ t'I{•)Yil --•nf1.__�.__ t: �, �� _�f� �• �YtiJl.'f AO (,.... '.1 +� � T .A)1dA _."---`_l.I_��'--1 ` ` \� — AV rI� -•ll- 04 ~ � • Y I M I / Y V n I. I Ar rry MIX � •� 4 � Y �r a ' Jf I P-Vl D11 — Mr f-lC(f 0 anK(h MPefi 1l11l9�4 L P4 L 7—IrZ-E G�i L- Ta:�-) co - P96-Ecr M14NA 6 CA '16V-6 903 SV7 (/Jootsu"-� AC---;A6, - Z -77 - s"5-y7 GE - �.µv�roN,ti►Qw�' ( �t�t�l �s �' � k,4- h LL 7 �f� Stf'%� s�: 77-5-3 y ; 271 - 62-11 Federal Register / Vol. 51, No. 219 / Thursday, Novemb r 13. 19M / Rules and Regulations 41251 (b)The term"wetlands" means those (b) Tidal Waters of the United States. S— areas that are inundated or saturated by The landward limits of jurisdiction in 329.11 Geographic and jurisdictional limits surface or ground water at a frequency tidal waters: of riven and lakes. and duration sufficient to support, and 329.12 Geographic and junsdictional limits pp (1)Extends to the high tide line, or of oceanic and tidal waters. that under normal circumstances do (2) When adjacent non-tidal waters of 329.13 Geographic limits:shifting "oloport. a prevalence of vegetation the United States are present, the boundaries. ty pically adapted for life in saturated jurisdiction extends to the limits 329.14 Determination of naviRahility sou conditions. Wetlands generally identified in paragraph (c)of this 329.15 Inquiries regarding determinations include swamps, marshes, bogs. and ction. 329.16 Use and maintenance of lists of simtl,ir areas. (c)Non-Tidal Waters of the United determinations. c e term"adjacent" means tares.The limits of jurisdiction in non- Authority:33 U.S.C. .o'i er seq. bordering, contiguous,or neighboring. idal waters: 9 329.1 Purpose. Wetlands separated from other waters (1)in the absence of adjacent of the United States by man-made dikes wetlands, the jurisdiction extends to the This regulation defines the term or barriers, natural river berms. beach ordinary high water mark.or "navigable waters of the United States" as its used define authorities b the dunes and the like are"adjacent (2)When adjacent'wetlands are Corps of Engineers.It also prescribes wetlands." resent, the jurisdiction extends beyond the policy,practice and procedure to be erm" ig tide line" means a ordinary high water mark to the limit used in determining the extent of the the line of intersection of the land with of the adjacent wetlands. jurisdiction of the Corps of Engineers the water's surface at the maximum (3)When the water of the United and in answering inquiries concerning height reached by a rising tide.The high States consists only of wetlands the ..navigable waters of the United States." tide line may be determined, in the jurisdiction extends to the limit of the This definition does not apply to absence of actual data,by a line of oil or wetland. authorities under the Clean Water Act scum along shore objects, a more or less which definitions are described under 33 continuous deposit of fine.shell or debris 9 32111.5 Charges in thntts of tsraten of the CFR parts 323 and 328. on the foreshore or berm,other physical United State& markings or characteristics,vegetation permanent changes of the shoreline 1329.2 Appttcabiltty. lines. tidal gages, or other suitable configuration result in similar This regulation is applicable to all means that delineate the general height alterations of the boundaries of waters Corps of Engineers districts and reached by a rising tide.The line of the United States.Gradual changes divisions having civil works encompasses spring high tides and other which are due to natural causes and are responsibilities. high tides that occur with periodic perceptible only over some period of frequency but does not include storm time constitute changes in the bed of a 1329.3 General porkies. surges in which there is a departure waterway which also change the .Precise definitions of"navigable from the normal or predicted reach of boundaries of the waters of the United waters of the United States" or the tide due to the piling up of water States.For example, changing sea levels 1.navigabihty"are ultimately dependent against a coast by strong winds such as or subsidence of land may cause some on judicial interpretation and ca«not be those accompanying a hurricane or areas to become waters of the United made conclusively by administrative other intense storm. States while siltation or a change in agencies.However, the policies and (e)The term"ordinary high water drainage may remove an area from criteria contained in this regulation are mark" means that line on the shore waters of the United States.Mail-made in close conformance with the tests used establishad by the fluctuations of water changes may affect the limits of waters by Federal courts and determinations and indicated by physical of the United States;however, made under this regulation are characteristics such as clear. natural permanent changes should not be considered binding in regard to the line impressed on the bank, shelving, presumed until the particular activities of the Corps of Engineers. changgp in the character of soil, circumstances have been examined and destruction of terrestrial vegetation, the verified by the district engineer. 9 329.4 Gainerai definition. presence of litter and debris,or other Verification of changes to the lateral Navigable waters of the United States appropriate means that consider the limits of jurisdiction may be obtained are those waters that are subject to the characteristics of the surrounding areas, from the district engineer. ebb and flow of the tide and/or are (f)The term "tidal waters"means PART 329--DEFINITION OF presently used or have been used in the those waters that rise and fall in a NAVIGABLE WATERS OF THE UNITED past, or may be susceptible fnr use to predictable and measurable rhythm or STATES transport interstate or foreign cycle due to the gravitational pulls of commerce.A determination of the moon and sun.Tidal waters end Sea, navigability, once made, appliee where the rise and fall of the water 329.1 Purpose. laterally over the entire surface of the surface can no longer be practically 329.2 Applicability. waterbody, and is not extinguished by measured in a predictable rhythm due to 328.3 General policies. later actions or events which impede or making by hydrologic,wind. or other 329.4 General deftnitiona. destroy navigable capacity. 329.5 General scope of determination. effects. 329.8 Interstate or foreign commerce. 9 329.5 General scope of determination. 329.7 Intrastate or inters tate nature of 5 328.4 Umits of jurisdiction. I t It The several factors which must be waterway. examined when making a determination Territorial Seas. The limit of 329.8 Improved or natural conditions of he jurisdiction in the territorial seas is waterbody. whether a n ody is a navigable measured from the baseline in a 329.9 Time at which commerce exists or Water thee United States are discuss__ seaward direction a distance of throe determination is msd.. in detail l bellow. Generally, the foijcwing na.;tiral miles. (See 33 Cf R 329 12; 329.10 of obstruction& conditions ri•:st be satisfied: CONCURRENCE CITY OF RENTON DATE NAME INITIAL/DA- sc� w sq - MEMORANDUM DATE: February 8, 1994 TO: Mayor Earl Clymer Jay Covington FROM: Gregg Zimmerman (/ STAFF CONTACT: Ron Straka (X-5548) Scott Woodbury (X-5547) SUBJECT: SUMMARY OF JANUARY 31, 1994 MEETING WITH ARMY CORPS OF ENGINEERS REGARDING WETLAND ADJACENCY DETERMINATIONS This memorandum is submitted as requested to summarize the January 31, 1994 meeting with the Corps of Engineers, and to outline conclusions to be drawn from the meeting regarding the City wetland mitigation bank project. A brief background of the wetland mitigation bank project and the events leading up to the January 31, 1994 meeting is also included. BACKGROUND: On May 18, 1992 the City executed a wetland mitigation banking agreement with the Glacier Park Company, as authorized by the City Council. Under this agreement, the City was given mitigation bank sites 1 and 2 (Exhibit 1) in exchange for permits to fill up to 0.99 acre of low quality wetlands on each of six other Glacier Park parcels. The City also agreed to pay for and complete on the mitigation bank sites any City-required mitigation for impacts on the Glacier Park parcels. After fulfilling the requirements of the Glacier Park agreement, the City will use the remaining available acreage on the mitigation sites to mitigate for wetland impacts from other projects. In December 1992 the City Council adopted the 1993 budget. The budget included appropriation for the wetland mitigation bank plan. On July 19, 1993 the City executed a consulting contract with Parametrix, Inc., to establish the technical and programmatic framework for the conversion of existing uplands on the City mitigation bank sites to wetlands, and use of the created wetlands as compensation for the Glacier Park mitigation and other wetland impacts within the watershed. As advised by the project consultant, a letter was sent to the Army Corps of Engineers from the City in August 1993 requesting that the Corps complete their jurisdictional determination regarding the adjacency status of the wetlands within the wetland mitigation bank parcels. Identification of the jurisdictional status was needed in order to establish Corps permitting requirements associated with alternative site specific plans to convert the existing uplands on the bank sites to wetlands and potentially restore the existing wetlands. During a visit to the sites by the Corps, City staff, and project consultants on September 14, 1993 for the purpose of completing the field portion of the determination, the Corps indicated that the wetlands on the Mayor Earl Clymer Jay Covington February 8, 1994 Page 2 bank site would be called adjacent. Concerns over the effect of an adjacency determination to the project, and the potential precedent it would set for future determinations within the City, led to the effort of petitioning the Corps to reconsider their decision. Due to delays caused by the City Union strike in November 1993, a meeting with the Corps Tom Mueller and staff could not be held until January 31, 1994. The remainder of this memorandum summarizes the discussion with the Corps at that meeting and the conclusions that may be drawn. SUMMARY OF JANUARY 31, 1994 MEETING WITH THE CORPS The meeting opened with Ron Straka of the City Surface Water Utility presenting an overview of the project history and current status. Corps staff attending the meeting included Tom Mueller and all representatives responsible for adjacency determinations, as well as Gail Terzi, the Corps staff assigned to the wetland bank project. The attendance list is included as Exhibit B. Following the project overview, Ron Straka opened the adjacency discussion by presenting additional information not considered in the Corps adjacency determination document Memorandum for Record (MFR) received by the City in November 1993. It was pointed out that the MFR findings concerning the wetlands at the bank sites do not reflect that 98% of site 1 and 100% of site 2 are above the 100-year floodplain, and that the MFR findings for site 2 contradicts a 1992 Corps non-adjacency ruling regarding a portion of the wetlands on site 2. The response of the Corps may be summarized into the following main points: 1. The Corps will not reconsider the adjacency ruling on the wetland mitigation bank sites. Surface hydrology to Springbrook Creek was deemed to be irrelevant. Other issues were noted to be of more importance to the Corps, such as wetland evaluation methods, performance standards, wetland compensation credit withdrawal procedures, and other bank operation issues. 2. The Corps did a poor job of determining adjacency in the past and would not make the same ruling for previous determinations if made today. Although determinations are made on a case-by-case basis only, the Corps speculated that most, if not all, of the valley would be ruled adjacent based upon currently used criteria. 3. The Corps published criteria for determining adjacency is very broad and vague (Exhibit C). In an effort to facilitate consistent determinations, the Corps Seattle branch uses a supplemental, multi- parameter checklist. However, the checklist is for internal use only and is not available to the publig. 4. The Corps permitting authority is expected to change within a year in away t at will away with adjacency rulings. The following comparison table illustrates the change . Current Thresholds Proposed Thresholds Regional Permit N 0.0 - 1.0 acres. Isolated 0.0 - 0.5 acres for any wetland. wetlands only. Regional Permit With 1.0 - 2.0 acres. Isolated 0.5 - 3.0 acres for any wetland. Predischarge Notification wetlands only. Individual Permit (UC ,,� Over 2.0 acres for isolated Over 3.0 acres for any a 6�104 � wetlands. wetland. Over 0.0 acres for adjacent wetlands below the headwaters. Mayor Earl Clymer / ! �0 Jay Covington February 8, 1994 Page 3 � '4�CeMC nU�1 7� 7'�"sites e� Ct 1�, q c/1 J �' NL14pC 5/3� � ate �''�iy Co? o Any impacts to existing wetlands on the wetland mitigation will require a 404 individua permit. An August 23, 1993 Regulatory Guidance Letter and an October 25, 1993 Draft Mitigation Banking Guidance Document will be used by the Corps to formulate the individual permit conditions.�'IGLJl7; The Corps recommended initiating, as soon as possible, the process of developing a multi-agency !S COfil� agreement regarding the wetland mitigation bank. The agreement would spell out mitigation and specifically what can and can't be done in the use of the sites as compensation for other wetland impacts. The Corps indicated that the bank sites could be used as compensation for a multi-acre wetland impacts due to a single project, although the Corps would prefer compensation for many separate and smaller impacts. A 6. The Corps 404 individual permit process requires evaluation of alternatives. In general, on-site mitigation is favored over off-site mitigation. 7/G/C-P Akear 7. The Corps generally supports the mitigation banking program, but foresees many hurdles and a y / long process in obtaining a final inter-agency agreement. A copy of an agreement between the , Washington State Department of Transportation and wetland resource agencies that is pending execution was provided. The agreement was noted as a potential model for a similar agreement between the City and wetland resources agencies for the City wetland mitigation bank project. CONCLUSION er7�- The following conclusions may be drawn from the above summary of the January 31, 1994 meeting with the Army Corps of Engineers: 2 , h1! By being inflexible on the adjacency issue, the Corps maintains control over the development of the City wetland mitigation bank through the individual permit process. In order to create a functioning wetland system on the mitigation bank sites, some impact to the existing wetlands will be necessary, triggering the 404 individual permit process. Although it is anticipated that this would not prevent development of the wetland mitigation bank, it could alter the scope of the bank and add to the time and cost of implementation. Potential changes include: a. Compensation ratios greater than that required by the City Wetland Management Ordinance. b. Evaluation of wetland functions and values using a complex method, such as Wetland Evaluation Technical (WET), that is not required by the City Wetland Management Ordinance. c. Permitting, operation, performance, and maintenance requirements greater than that established by the City Wetland Management Ordinance. d. Limiting the amount of compensation credits available to be withdrawn until a minimum time period has passed. �j There is no longer any reason for the Corps to withhold formal issuance of the bank sites MFR. The Corps has yet to formally issue the MFR, as requested earlier by the City to allow the City more opportunity to review the issue. y ,a. The City may choose to legally challenge the Corps adjacency determination. It is likely that a challenge would receive the support of neighboring municipalities and others with land interests in the valley. However, significant resources may be expended to reach a decision favorable to the City, only to have the adjacency issue no longer be a factor because of changes in regulations. The nearness of pending regulation changes alone may make formulating any challenge useless because of the time needed for initiating such a challenge. The vagueness of the Corps published criteria and the Corps' proprietary claims of their in-house checklist would also make formulation of a definitive legal challenge difficult. Mayor Earl Clymer Jay Covington February 8, 1994 Page 4 4. Under current regulation, the authority of requiring compensatory mitigation lies solely with the City Wetlands Management Ordinance for impacts up to the 1 acre threshold of the Corps regional permit. Until there is a change in Corps regulation, issuance of new regional permits in the valley, such as nationwide 26, is unlikely at this time, given that the Corps has said that most, if not all, wetlands in the valley would be ruled adjacent. If no developers are willing to risk the Corps 404 individual permit process, then the potential users of the bank are limited to those with existing regional permits, or to those who are able to secure a new regional permit despite what the Corps has said. �3. The Corps jurisdiction is determined case-by-case for regional and individual permits. Pursuing a I multi-agency agreement would better define the base of potentially qualifying users of the bank. Additionally, the developer may give increased consideration to using the bank if the support of the Corps and other wetland resource agencies is formally contained in an executed agreement. Formulation of a draft mitigation agreement is within the current scope of the City wetland bank consultant contract. 6. It is anticipated that the City will need to obtain a 404 individual permit for the wetland mitigation / bank project regardless of whether or not the wetland mitigation bank site wetlands are determined to be adjacent. Even if the weltands were not determined to be adjacent, it is anticipated that the preferred alternative wetland creation/restoration plans for the mitigation bank sites will likely either require impact to the existing wetlands of greater than one acre and trigger the 404 regional permit pre-discharge notification process, or require impact to the existing wetlands of greater than two acres and require a 404 individual permit from the Corps. H:SW/WTL-ACOE/SSW:If cc: Sam Chastain Chief Lee Wheeler eve CeM Ta4l 'mac i� cvti flc�^ 1 I /lam i � � 3 A- to) Mayor Earl Clymer Jay Covington February 8, 1994 Page 3 5. Any impacts to existing wetlands on the wetland mitigation bank sites will require a 404 individual permit. An August 23, 1993 Regulatory Guidance Letter and an October 25, 1993 Draft Mitigation Banking Guidance Document will be used by the Corps to formulate the individual permit conditions. The Corps recommended initiating, as soon as possible, the process of developing a multi-agency agreement regarding the wetland mitigation bank. The agreement would spell out mitigation and specifically what can and can't be done in the use of the sites as compensation for other wetland impacts. The Corps indicated that the bank sites could be used as compensation for a multi-acre wetland impacts due to a single project, although the Corps would prefer compensation for many separate and smaller impacts. 6. The Corps 404 individual permit process requires evaluation of alternatives. In general, on-site mitigation is favored over off-site mitigation. 7. The Corps generally supports the mitigation banking program, but foresees many hurdles and a year long process in obtaining a final inter-agency agreement. A copy of an agreement between the Washington State Department of Transportation and wetland resource agencies that is pending execution was provided. The agreement was noted as a potential model for a similar agreement between the City and wetland resources agencies for the City wetland mitigation bank project. CONCLUSION The following conclusions may be drawn from the above summary of the January 31, 1994 meeting with the Army Corps of Engineers: 1. The Corps is much more proactive in making wetland adjacency rulings than they were even a year ago. Impacting an adjacent wetland, no matter what the size, requires an Army Corps 404 Individual Permit. This could have a profound impact on development in the valley/since the Corps stated the opinion that most wetlands in the valley are adjacent. 2. By being inflexible on the adjacency issue, the Corps maintains control over the development of the City wetland mitigation bank through the individual permit process. In order to create a functioning wetland system on the mitigation bank sites, some impact to the existing wetlands will be necessary, triggering the 404 individual permit process. Although it is anticipated that this would not prevent development of the wetland mitigation bank, it could alter the scope of the bank and add to the time and cost of implementation. Potential changes include: a. Compensation ratios greater than that required by the City Wetland Management Ordinance. b. Evaluation of wetland functions and values using a complex method, such as Wetland Evaluation Technical (WET), that is not required by the City Wetland Management Ordinance. c. Permitting, operation, performance, and maintenance requirements greater than that established by the City Wetland Management Ordinance. d. Limiting the amount of compensation credits available to be withdrawn until a minimum time period has passed. 3. There is no longer any reason for the Corps to withhold formal issuance of the bank sites MFR. The Corps has yet to formally issue the MFR, as requested earlier by the City to allow the City more opportunity to review the issue. 4. The City may choose to legally challenge the Corps adjacency determination. It is likely that a challenge would receive the support of neighboring municipalities and others with land interests in the valley. However, significant resources may be expended to reach a decision favorable to the City, only to have the adjacency issue no longer be a factor because of changes in regulations. The Mayor Earl Clymer Jay Covington February 8, 1994 Page 4 nearness of pending regulation changes alone may make formulating any challenge useless because of the time needed for initiating such a challenge. The vagueness of the Corps published criteria and the Corps' proprietary claims of their in-house checklist would also make formulation of a definitive legal challenge difficult. 5. Under current regulation, the authority of requiring compensatory mitigation lies solely with the City Wetlands Management Ordinance for impacts up to the 1 acre threshold of the Corps regional permit. Until there is a change in Corps regulation, issuance of new regional permits in the valley, such as nationwide 26, is unlikely at this time, given that the Corps has said that most, if not all, wetlands in the valley would be ruled adjacent. If no developers are willing to risk the Corps 404 individual permit process, then the potential users of the bank are limited to those with existing regional permits, or to those who are able to secure a new regional permit despite what the Corps has said. 6. The Corps jurisdiction is determined case-by-case for regional and individual permits. Pursuing a multi-agency agreement would better define the base of potentially qualifying users of the bank. Additionally, the developer may give increased consideration to using the bank if the support of the Corps and other wetland resource agencies is formally contained in an executed agreement. Formulation of a draft mitigation agreement is within the current scope of the City wetland bank consultant contract. 7. It is anticipated that the City will need to obtain a 404 individual permit for the wetland mitigation bank project regardless of whether or not the wetland mitigation bank site wetlands are determined to be adjacent. Even if the weltands were not determined to be adjacent, it is anticipated that the preferred alternative wetland creation/restoration plans for the mitigation bank sites will likely either require impact to the existing wetlands of greater than one acre and trigger the 404 regional permit pre-discharge notification process, or require impact to the existing wetlands of greater than two acres and require a 404 individual permit from the Corps. RECOMMEIION: 0J�(�av5'� Three choices are available to us: a. Do not challenge the Corps. Proceed with the mitigation bank project in anticipation of coming rule changes regarding wetlands. 1 b. Challenge the Corps adjacency rulings. Since definition of"adjacent wetlands" is so broad, challenge would probably have to be political, rather than legal, and could involve other valley cities. r, ,,ham ¢'...fi c. Put a hold on wetland mitigation bank project. lo.1- Gm�pG.f— flco `✓.•o�e�L^,�.�o A follow-up meeting should be set up to determine our approach. H:SWM/TL-ACOE/SSW:lf A., cc: Sam Chastain Chief Lee Wheeler Larry Warren Sue Carlson r 6,0.grf-�Es l�,(L G/14GG's GREGG'S ACTION MEMO TO: (4J DATE: 2 Please Call ROUTE TO: [j For your Information ISSUEXONCERN: �-j For Action Q For Signature j� 2&c Q Your Recommendation GOAL/ Q Per our Conversation PREFERRED OUTCOME: r [7] Per your Request Q Copies Sent to , SPECIFIC DO'S OR DON'TS: La, t FOLLOW UP: o r OUL TICKLER FILE Gl/1 (date) COMPLETED (date) a' eG�• RESULTS: DUE DATE: fotms/lag/ACTMEMO.DOC/LAG/bh Al yew ' I off I � z ,171 77 /ly, 6or l / \ / ' r r �rAV w Alf-I or e�4 PC- e;egr vee6Gti/7`�-/o ss e pia 07,1 Z4�: CITY OF RENTON MEMORANDUM DATE: January 19, 1994 TO: Ron Straka FROM: Gregg Zimmerman STAFF CONTACT: Scott Woodbury SUBJECT: WETLAND DELINEATION EXTENSION REQUEST DATED DECEMBER 8, 1993 1 have reviewed your request for an extension of the expiration dates of the final wetland delineations made by David Evans & Associates for the City of Renton mitigation bank sites 1 and 2, PID numbers 252304-9019 and 125381-0240, respectively. I concur with your recommendation to grant a one-year extension, as allowed by the City Wetlands Management Ordinance, to be effective from the following dates: Mitigation bank site 1 - February 28, 1994 Mitigation bank site 2 - April 20, 1994. 1 also concur that the City should consider revising the two-year period for which delineations are valid, as currently set forth in the City Wetlands Management Ordinance, to three years for consistency with the Corps of Engineers. I suggest that you coordinate this and any other proposed revision to City land use codes with Don Erickson at X-6181. H:DOCS:94-066:SSW:ps �� PLANNING DIVISION CITY OF RFNTnt i DEC 8 1993 CITY OF RENTON RECEIVED MEMORANDUM DATE: December 8, 1993 TO: Kay Shoudy FROM: Ron Straka A4 STAFF CONTACT: Scott Woodbury SUBJECT: WETLAND DELINEATION EXTENSION CITY OF RENTON MITIGATION BANK SITES 1 AND 2 PID NUMBERS 252304-9019 AND 125381-0240 ISSUE: Approval of request to extend the expiration date of the final wetland delineations made by David Evans & Associates for the City of Renton mitigation bank sites 1 and 2, PID numbers 252304-9019 and 125381-0240, respectively. RECOMMENDATION: Grant a one-year extension of the final wetland delineations as allowed by City Ordinance 4346, Wetlands Management, Section 4-32-3.C.2. BACKGROUND: Delineations of existing wetlands on mitigation bank site 1 were documented by David Evans & Associates in a wetland report dated December 3, 1991 and confirmed by the Army Corps of Engineers in the attached February 28, 1992 letter. Delineations for mitigation bank site 2 were documented by David Evans & Associates in two wetland reports dated November 12, 1991 and November 16, 1991 . These delineations were confirmed by the Army Corps of Engineers in the two attached April 20, 1992 letters. There are two reports and Corps letters for mitigation bank site 2 because, at the time of the delineations and Corps review, site 2 was divided into two separate parcels along platted lot boundaries. The two separate parcels have since been combined by a lot line adjustment, recording number 92061 19003. This request for extension is based on Section 4-32-3.C.2 of the City's Wetlands Management Ordinance which reads, / it'-it routing request pad 7664 ROUTINGcr- RQUEST Please ❑ READ To �+ HANDLE ❑ APPROVE and ❑ FORWARD Y� ❑ RETURN ❑ KEEP OR DISCARD ❑ REVIEW WITH ME Date From WETLAND DELINEATION EXTENSION CITY OF RENTON MITIGATION BANK SITES 1 AND 2 Page 2 "A final wetlands delineation is valid for two years. Extensions for additional years can be approved by the Department Administrator if an application is proceeding in a timely manner through the permit process." Work on the project has been proceeding in a timely manner. On May 18, 1992 the City executed a wetland mitigation banking agreement with the Glacier Park Company, as authorized by the City Council. Under this agreement, the City was given mitigation bank sites 1 and 2 in exchange for permits to fill up to 0.99 acre of low quality wetlands on each of six other Glacier Park parcels. The City also agreed to pay for and complete on the mitigation bank sites any City required mitigation for impacts on the Glacier Park parcels. After fulfilling the requirements of the Glacier Park agreement the City will use the remaining available acreage on the mitigation sites to mitigate for wetland impacts from both public and private projects. In December 1992 the City Council adopted the 1993 budget. The budget included appropriation for the wetland mitigation bank plan. On July 19, 1993 the City executed a consulting contract with Parametrix, Inc., to establish a wetland mitigation bank plan to create design documents for the Glacier Park mitigation and develop a framework to guide future mitigation projects. The plan will include an analysis of the mitigation sites, criteria for using the sites for mitigation, master plans for wetland creation and recreational opportunities, detailed grading and planting plans for the required Glacier Park mitigation, program cost estimates, and requirements for program operation, such as monitoring and maintenance procedures. Work on the plan is currently in progress and is expected to be completed in the Spring of 1994. The expiration dates of the delineations imposed by the Wetlands Management Ordinance two-year limit are February 28, 1994 and April 20, 1994, based on the dates of the Corps confirmations of the wetland delineations. The project will exceed these Spring 1994 expirations because of the complexity of the developing the plan, creating the mitigation design documents, and conducting the environmental and permitting review. No apparent change of condition on the mitigation sites is evident from that found in the David Evans & Associates reports. As discussed above the project has also been proceeding in a timely manner. Therefore a one-year extension from the dates of the Corps confirmation is requested. This will make the expiration date of the delineations consistent with the Corps, which considers delineation confirmations valid for a three-year period. The City should consider revising the ordinance two-year limit to be three years for consistency with the Corps. Thank you for your attention to this matter. If you should need any other information, please. contact Scott Woodbury, Project Manager, at X-5547. H:DOCS:93-1 158:SSW:ps CC: David Saxen Attachments • +V UU WL U 1 U•UU ! 11111111E I ll l!1 1 1111 11U, LVU UUU UUUU 1 , UU/ 1 U �u C U/Z� j Regulatory Branch FEB 2 8 4992 alldn J?nnJC Mr. Marty Sevier Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4_00149 Dear Mr. Sevier: Glacier Park Company This is in response to your request for a confirmation of a wetlands delineation performed by David Evans and Associates Inc. on behalf, for wetlands located on your property a 1 actingpproxirnaLely 31 acre re your p Y situated immediately north ( s) Of Southwest 33rd Street and west of Oakesdale Avenue in the City of Renton, King County, Washington, We concur with the wetlands delineation presented in the report, dated December 3, 1991, by David Evans and Associates, Inc, and confirmed by a site inspection of the subject property performed on February 5, 1992. information contained in the report and associated dravin s a a T accurate and complete, This delineation is valid for a period of 3 years fromthe date of this letter. We have not determined permit requirements. development plan, you may reapply and we will determineorequirementtscatlthat time. We have canceled this file, but please refer to the reference number if You reapply. This does not excuse you from compliance with from other Federal, state, and local statutes, ordinances ororegulationsiwhich may affect this work. If you have any questions, please contact Ms. Gail Terzi, telephone (206) 764-3495. Sincerely, 01� I Robert H. Martin 6r Chief, Processing Section MACTJN a-e& cc: David Evans and Associates, Inc. 415 - 118th Avenue, S.E. Bellevue, Washington 98005-3553 I�Department of Ecology i P.O, Box 4770 Olympia, Washington 98504-7703 j� i DEC-03-1993 17:20 FROM US COE-REGULATORY BRANCH TO 92352541 P.02 2 Q 1992 Regulatory Branch Mr. Marty Sevier Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4-00095 Glacier Park Company Dear Mr. Sevier: We have confirmed the wetland delineation on the 9.28 acre, arillia Block 8, Lot 4 site located south of SW 34th Street, vest of Springbrook Creek, east of Oakesdale Avenue SW and north of SV 39th Street in Section 30, Township 23 North, Range 5 East, Renton, Washington. We are in agreement with the delineation report prepared by David Evans and Associates, Inc. , dated November 12, 1991. This confirmation of delineation is valid for a period of three years from the date of this letter. We have also evaluated your proposal to discharge fill material into 0.99 acres of wetlands, which are isolated. Department of the Army regulations dated November 22, 1991, authorize certain activities under nationwide permits, provided the enclosed conditions are met. Nationwide Permit 26 (Part 330, Appendix A) authorizes discharges of dredged or fill material into nontidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 cubic feet per second . . . . The entire text of Nationwide Permit 26 is enclosed. Prior to placing fill, you mgr c�-+rr.�t rt,n r-coiogy to uetermine wnetner documented habitat for a state listed species is present. If present, this nationwide permit is not valid and you must contact us again to determine permit requirements. Please contact: State Nationwide Permit Coordinator Department of Ecology P.O. Box 47703 Olympia, WA 98504-7703 Telephone (206) 438-7514 or 459-6038 ! We suggest that you place the following statement on the project plat as information to future property managers: Contact the Corps of Engineers about permit requirements for work in wetlands. { Iy -2- This verification will be valid for two years from the date of this letter or until the nationwide permit is modified, reissued, or revoked. If additional placement of fill in waters of the United States, including wetlands, is contemplated on this site, you must contact us concerning any additional permit requirements. While you need no further authorization from us, you must still comply with other federal, State and local requirements which may pertain to the work. If you have any questions, please contact Mr. Jack Gossett at the above address or by telephone at (206) 764-3495. Sincerely, Robert H. Martin Chief, Processing Section Enclosures cc: EPA; DOE; David Evans & Associates, Inc. ; Mark Stiefel 415 118th Ave. , SE 22312 113th Ave. SE Bellevue, WA 98005-3553 Kent, WA 98031 NUv-1 U-J3 WLU 1 U: 11 MEAML I H I X h AX NO. 206 889 8808 P, 10/16 Z- Regulatory Branch ►f►,AftOMQ�}{r�jtZ Mr, Marty Sevier Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4-00099 Glacier Park Company Dear Mr, Sevier: We have confirmed the wetland delineation on- the 15.15 acre, Orillia Block 8, Lot 1, 2, and 3 site located south of SW 34th Stre �, east of Oakesdale Avenue SW and northwest of SW 39th Street in Section Township 23 North, Range j�East, Renton, Washington. We are in agreement with the delineation report prepared by David Evans and Associates, Inc, dated November 16, 1991. This confirmation of delineation is valid for a period of three years from the date of this letter. We have also evaluated your proposal to discharge fill material into 0.99 acres of wetlands, located on Lot 3 of the Orillia Block 8 site, which are isolated. Department of the Army regulations dated November 22, 1991, authorize certain activities under nationwide permits, provided the enclosed conditions are met. Nationwide Permit 26 (Part 330, Appendix A) authorizes discharges of dredged or fill material into nontidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 cubic feet 4 per second . . . . The entire text of Nationwide Permit 26 is enclosed. Prior to placing fill, you must contact the Washington State Department of .. .-a.. .. _. - ! rS-,���n- -T. , ,...t- 1,..�.r+-,-...- F.... -w,- - ? -. •--7 P.. .. _ _. present. If present, this nationwide permit is not valid and you must contact us again to determine permit requirements. Please contact: State Nationwide Permit Coordinator Department of Ecology P.O. Box 47703 1 Olympia, WA 98504-7703 Telephone (206) 438-7514 or 459-6038 We suggest that you place the following statement on the project plat as information to future property managers: Contact the Corps of Engineers about permit requirements for work in wetlands. I NOV-10-93 WED 10: 11 PARAMETRIX FAX NO. 206 889 8808 P, 11/?5 This verification will be valid for two or until the nationwide permit is years from the date o£ this letter additional placement of fill in vater8foed, reissued or wetlands, f the United�States,�oincluding i8 contemplated on this site additional permit requirements. r you must contact us us, you must While you need no concerning any still comply with other Federal, state andhlocal re requirements authorization from which may pertain to the work. Ms. Gail Terzi at t If You have any questions, Ruirements he above address or b please contact y telephone at (206) 764-3495. Sincerely, Robert H. Martin Enclosures Chief, Processing Section cc: EPA; DOE; David Evans & Associates, Inc. ; Mark Stiefel 415 118th Ave. , SE Bellevue, VA 98005-3553 Kenntt,, VA2 A 9 Ave, SE 98031 M49TIP op-126 12 E& CONCURR NCE DATE NAME IPIITIAVDATi SNf7s.w.� CITY OF RENTON MEMORANDUM � ~ DATE: January 19, 1994 TO: Ron Straka FROM: Gregg Zimmerman STAFF CONTACT: Scott Woodbury SUBJECT: WETLAND DELINEATION EXTENSION REQUEST DATED DECEMBER 8, 1993 1 have reviewed your request for an extension of the expiration dates of the final wetland delineations made by David Evans & Associates for the City of Renton mitigation bank sites 1 and 2, PID numbers 252304-9019 and 125381-0240, respectively. I concur with your recommendation to grant a one-year extension, as allowed by the City Wetlands Management Ordinance, to be effective from the following dates: Mitigation bank site 1 - February 28, 1994 Mitigation bank site 2 - April 20, 1994. 1 also concur that the City should consider revising the two-year period for which delineations are valid, as currently set forth in the City Wetlands Management Ordinance, to three years for consistency with the Corps of Engineers. I suggest that you coordinate this and any other proposed revision to City land use codes with Don Erickson at X-6181 . H:D0CS:94-066:SSW:ps CC: Scott Woodbury CITY OF RENTON MEMORANDUM DATE: December 15, 1993 TO: Lee Haro FROM: Scott Woodbury SLR SUBJECT: WETLAND MITIGATION BANK PLAN DRAFT MITIGATION PLAN CHAPTERS 1 TO 6 Please find attached copies of the draft mitigation plan, Chapters 1 to 6, for your review and comment. Please return comments by December 27, 1993, if possible. I will keep you informed of any future developments and meetings. If you have any questions about any of the information, please call me at X-5547. H:UTIL/SW/WETL-MIT/SSW:If 1z1/3IF3 Ai-) s7(RP/(ay 14rC i L 6rL A W� rr�a� L+„��� ^Y to ��S/bra T¢.Et•h I ��N�,l.A'�. I�ER�i�6 0►� oaGu n+ENr d�y . ft-6 Cr4,o. 0/-A,-,rldro (6-1rr el- 4,-ur-w Pa 94 0 of `B�6 /N e-Gu0i Cir> -qr4 ws- 6R+ / Y 04UNJ f.*A142fr /,v r A(Wor/ar) �lG Z. AlJO �LPctc R,,rv�LrZ NltroP�(,e.. D N� lvt F L_05T 6A C�� 1,"r0 fTAJT pve7t4 L_yl . SrlE -�,:�. cA70'4aAlS ATr®r1 OF L,*'Q,A110Y F°ti BA,Jr All t 2 AWtA C—rwx O/sC.0 s,�" 64ct rv* C-frll TO wr✓�+-�5/v�� S Dw 5WA-'(Fj(-A/Uaj of f-v Tt_An1✓�S - OQ ,�fi n�,E �`Wr�' rrl( N�ca �3�3 �I�N ��tc �� � of ��r��� r•-E�>v. �(JL C y 1 . Qfy fr-< cfS S OVLC A w 60. f�k o LAX W k_p Gf�t� PrLc J / A ti uu,�h v�L T)#A)T j ry , /h�kti CO.r.wt 6 76 )CC— a" fo !(y r p A A(IL oN FAN-, Kowi S. Su PA L4�-eA)r IqL L- tc L-,O,1-6S 5,-16,0 o/ L"�,ETn �- Cat ( �z .� p� �,,(.e,,►�p vfit. 4,4r �U� {� 1'►,.�P��� /hpi6 cl- e+l Pb4ra Aos,A)6 rolSr ,q.S16 WOW - =(j� /�` t`NT��4�^j j l� � �W '�'�'17n sN� N1.�M ���-� •S �` � 1�l�v c�� �►�s � ,o�r� �j o+N� ��s��v�+a� �rn-� ti�> � �+fj'.L �� ��i�v� "Ol�►'��g�7/ 9� iS r W ��l S �� r-r f71(1,7nw rvr% rvP15Y 0 vim( �w d st,4'Vl'7 JOB,— i ii - CITY OF RENTON MEMORANDUM DATE: December 8, 1993 TO: Kay Shoudy FROM: Ron Straka STAFF CONTACT: Scott Woodbury SUBJECT: WETLAND DELINEATION EXTENSION CITY OF RENTON MITIGATION BANK SITES 1 AND 2 PID NUMBERS 252304-9019 AND 125381-0240 ISSUE: Approval of request to extend the expiration date of the final wetland delineations made by David Evans & Associates for the City of Renton mitigation bank sites 1 and 2, PID numbers 252304-9019 and 125381-0240, respectively. RECOMMENDATION: Grant a one-year extension of the final wetland delineations as allowed by City Ordinance 4346, Wetlands Management, Section 4-32-3.C.2. BACKGROUND: Delineations of existing wetlands on mitigation bank site 1 were documented by David Evans & Associates in a wetland report dated December 3, 1991 and confirmed by the Army Corps of Engineers in the attached February 28, 1992 letter. Delineations for mitigation bank site 2 were documented by David Evans & Associates in two wetland reports dated November 12, 1991 and November 16, 1991 . These delineations were confirmed by the Army Corps of Engineers in the two attached April 20, 1992 letters. There are two reports and Corps letters for mitigation bank site 2 because, at the time of the delineations and Corps review, site 2 was divided into two separate parcels along platted lot boundaries. The two separate parcels have since been combined by a lot line adjustment, recording number 92061 19003. This request for extension is based on Section 4-32-3.C.2 of the City's Wetlands Management Ordinance which reads, WETLAND DELINEATION EXTENSION CITY OF RENTON MITIGATION BANK SITES 1 AND 2 Page 2 "A final wetlands delineation is valid for two years. Extensions for additional years can be approved by the Department Administrator if an application is proceeding in a timely manner through the permit process." Work on the project has been proceeding in a timely manner. On May 18, 1992 the City executed a wetland mitigation banking agreement with the Glacier Park Company, as authorized by the City Council. Under this agreement, the City was given mitigation bank sites 1 and 2 in exchange for permits to fill up to 0.99 acre of low quality wetlands on each of six other Glacier Park parcels. The City also agreed to pay for and complete on the mitigation bank sites any City required mitigation for impacts on the Glacier Park parcels. After fulfilling the requirements of the Glacier Park agreement the City will use the remaining available acreage on the mitigation sites to mitigate for wetland impacts from both public and private projects. In December 1992 the City Council adopted the 1993 budget. The budget included appropriation for the wetland mitigation bank plan. On July 19, 1993 the City executed a consulting contract with Parametrix, Inc., to establish a wetland mitigation bank plan to create design documents for the Glacier Park mitigation and develop a framework to guide future mitigation projects. The plan will include an analysis of the mitigation sites, criteria for using the sites for mitigation, master plans for wetland creation and recreational opportunities, detailed grading and planting plans for the required Glacier Park mitigation, program cost estimates, and requirements for program operation, such as monitoring and maintenance procedures. Work on the plan is currently in progress and is expected to be completed in the Spring of 1994. The expiration dates of the delineations imposed by the Wetlands Management Ordinance two-year limit are February 28, 1994 and April 20, 1994, based on the dates of the Corps confirmations of the wetland delineations. The project will exceed these Spring 1994 expirations because of the complexity of the developing the plan, creating the mitigation design documents, and conducting the environmental and permitting review. No apparent change of condition on the mitigation sites is evident from that found in the David Evans & Associates reports. As discussed above the project has also been proceeding in a timely manner. Therefore a one-year extension from the dates of the Corps confirmation is requested. This will make the expiration date of the delineations consistent with the Corps, which considers delineation confirmations valid for a three-year period. The City should consider revising the ordinance two-year limit to be three years for consistency with the Corps. Thank you for your attention to this matter. If you should need any other information, please contact Scott Woodbury, Project Manager, at X-5547. H:DOCS:93-1 158:SSW:ps CC: David Saxen Attachments av VJ YY L.V 1U' UU I IIM 111"111111 11111 11V. LVV VUV VUVU 1 i UU/ 1J Regulatory Branch FEB 2 8 1992 1u it1�a, f �aHjC!,rt� Mr. Marty Sevier Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4-00149 Dear Mr. Sevier; Glacier Park Company This is in response to your delineation performed by David Evansest andfAssociates, Inc. , c a wetlands behalf, for wetlands located on your property acting rOn e your p situated immediately north y (approximately 31 acres) Of Southwest 33rd Street and West of Oakesdale Avenue in the City of Renton, King County, Washington. We concur with the wetlands delineation presented in the report, dated December 3, 1991, by David Evans and Associates, Inc, and confirmed b a site inspection of the subject property performed o information contained in the report and associated drawingsa9e The and complete. This delineation is valid for a B appears accurate of this letter. period of 3 years from the date We have not determined permit requirements. development plan, ou ma When you have a specific time. We y y reapply and we will determine requirements at that have canceled this file, but please refer to the reference number if YOU reapply_ This does not excuse you from com from other Federal, state pliance with or confirmation may affect this work , and local statutes, Ordinances or regulations which f you Terzi, telephone (206) 764-3495ave any questions, please contact Ms. Gail Sincerely, (:91 - P.obert H. Martin Chief, Processing Section M 2AQrlN a op-e&-RG cc: David Evans and Associates, Inc. 415 - I18th Avenue, S.E, Bellevue, Washington 98005-3553 f Department of Ecology P.O. Box 4770 1 Olympia, Washington 98504-7703 1 1 j� i DEC-03-1993 17:20 FROM US COE-REGULATORY BRANCH TO 92352541 P.02 2 0 1992 Regulatory Branch Mr. Marty Sevier Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4-00095 Dear Mr. Sevier: Glacier Park Company We have confirmed the wetland delineation on the 9.28 acre, Orillia Block 8, Lot 4 site located south of SW 34th Street, vest of Springbrook Creek, east of Oakesdale Avenue SW and north of SV 39th Street in Section 30, Township 23 North, Range 5 East, Renton, Washington. We are in agreement with the delineation report prepared by David Evans and Associates, Inc. , dated November 12, 1991. This confirmation of delineation is valid for a period of three years from the date of this letter. We have also evaluated your proposal to discharge fill material into 0.99 acres of wetlands, which are isolated. Department of the Army regulations dated- November 22, 1991, authorize certain activities under nationwide permits, provided the enclosed conditions are met. Nationwide Permit 26 (Part 330, Appendix A) authorizes discharges of dredged or fill material into nontidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 cubic feet per second . . . . The entire text of Nationwide Permit 26 is enclosed. Prior to placing fill, you must cnr"or. the Vashirpron rr_^ra of hcology to determine whether documented habitat for a state listed species is present. If present, this nationwide permit is not valid and you must contact us again to determine permit requirements. Please contact: State Nationwide Permit Coordinator Department of Ecology P.O. Box 47703 Olympia, WA 98504-7703 Telephone (206) 438-7514 or 459-6038 We suggest that you place the following statement on the project plat as information to future property managers: Contact the Corps of Engineers about permit requirements for work in wetlands. 1 a i J).V 1 U-cJ WCV I U- I I f NAM IC I R 1 A r HA fiU. CUb ddy dbUb fit 2 APR ? 0 {932 Regulatory Branch �f f,AffOh �QJ���jfZ Mr, Marty Sevier Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4-00099 Glacier Park Company Dear Mr, Sevier: We have confirmed the wetland delineation on- the 15.15 acre, Orillia Block 8, Lot 1, 2, and 3 site located south of SW 34th Stre��;, east of Oakesdale Avenue SW and northwest of SW 39th Street in Section Township 23 North, Range )East, Renton, Washington. We are in agreement with the delineation report prepared by David Evans and Associates, Inc, dated November 16, 1991. This confirmation of delineation is valid for a period of three years from the date of this letter. We have also evaluated your proposal to discharge fill material into 0.99 acres of wetlands, located on Lot 3 of the Orillia Block 8 site, which are isolated. Department of the Army regulations dated November 22, 1991, authorize certain activities under nationwide permits, provided the enclosed conditions are met. Nationwide Permit 26 (Part 330, Appendix A) authorizes discharges of dredged or fill material into nontidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 cubic feet per second . . . . The entire text of Nationwide Permit 26 is enclosed. Prior to placing fill, you must contact the Washington State Department of present. If present, this nationwide permit is not valid and you must contact us again to determine permit requirements. Please contact: State Nationwide Permit Coordinator Department of Ecology P.O. Box 47703 i Olympia. WA 98504-7703 Telephone (206) 438-7514 or 459-6038 We suggest that you place the following statement on the project plat as information to future property managers: Contact the Corps of Engineers about permit requirements for work in wetlands. 4% R CITY OF RENTON Office of the City Attorney Earl Clymer, Mayor Lawrence J. Warren RECEIVED 1.41 PUBLIC WORKS DEPT. MEMORANDUM CITY OF RENTON To: Lynn Guttmann, Public Works Administrator From: Lawrence J. Warren, City Attorney Date: November 30, 1993 Subject: One City's Model Solution to a Wetlands Dilemma I am enclosing a copy of an article from the Nature Conservancy concerning a wetlands bank in Eugene, Oregon. The concept does not sound much different from the one that we are pursuing. However, it is interesting to note that the federal agencies seem to have been proactive in this case rather than reactive. It is also interesting to note that there is apparently some money set aside to help other communities adapt the West Eugene wetlands planning process to their own wetlands. This money is through EPA. Since Eugene is apparently in the same corps jurisdiction as the City of Renton I wonder how this process worked. We might want to do a little follow-up. Isn't it amazing what you can find? vv Lawrence J. arren LJW:as. Encl. cc: Mayor Earl Clymer A8:102.37. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 THIS PAPER CONTAINS 50%RECYCLED MATERIAL,10%POST CONSUMER .�.�-3��q4i� �� � ,.. •a nun'x'r�'�* '''�, yt��<+'�,'4. ° ".'YW*f �t, �1_j�,�l�,,. ;� ?� r S •j di ,bR'a a • I , „:A'`,r ...nq, �ai `'� t x.:,p, t��,;'3m u � pr} '�v���l •Ti tl: ••A ,r t 'r. Yak_. t ��'' Q2111 All et in .......... 0 7, hh One city's model solution P f to a wetlands dilemma BY SALLY-Jo BOWMAN teve Gordon trudges through watery mud mean- bootsucking mud inn-inter.But it dries rock hard in sum- dering through hummocks of grass at the west mer. We were slow to realize we had significant wet- edge of Eugene, Oregon. Songbirds twitter in the lands." leaves of native Oregon ash and a ring-necked The federal action. which meant that the West Eugene pheasant honks.To the northwest,a freight train rumbles, area had to be protected, came while then-Governor Neil and white smoke billows from a lumber mill. Beyond a Goldschmidt was in Japan marketing the land for indus- ent. With the ncement, property field blooming:blue with camas lilies, traffic hums on trial owners`feaoedn their investment wasusuddenly worthless. hless. Gordon walks part of a 13,000-acre remnant of west- City officials imagined potential jobs and tax money van- ern Oregon prairie that covered perhaps 360,000 acres ishing.Tempers were on edge,to say the least. when settlers arrived in the mid-1800s. The settlers The city handed the mess to Gordon, a gentle man tlh turned most of the Willamette River Valley, of which this with a graying beard and a gift for listening. Over the next prairie is part, into farmland. During the next 150 years, several years, he worked patiently with a wide variety of the farmland gave way to industries, businesses and groups and individuals to engineer a plan that both pro- homes in Eugene, which became Oregon's second-largest tects the environment and provides for economic devel urban area. Then in 1987, federal regulations gave the op The WestEugene wetlands plan, which The Natw r west fringe of the city a new identity:wetlands. "That surprised a lot of people," says Gordon, a land- Conservancy helped craft, has won the support of corpo- use planner for the Lane Council of Governments,a pub- rate leaders, government officials and conservationists. It ( lic agency that provides planning services for the county. earned Gordon a 1992 National Wetlands Award, an ( "We had the impression `wetlands' meant swamps and honor jointly sponsored by the Environmental La-,t E bogs. Everybody knew West Eugene was gooey with Institute and the L.S. Environmental Protection Agency 10 NAfYR■ CONSERVANCY • SEPTE.MBER/OC70BER 1993 \ h ..s. 'E' a: .Y j ' :as.•. f... [�:�\lhr,��' '1 �i.��,�3z �1'.,1 �'�,�., ---� �: �X•4t'�.`'„�3.��•1�,• '/r,� rA r �;'�� � d � L'"`.�.• =�"'�� max" F � dryz .yam �1��:� �, ,'� '•„�f to /�� i� I � �1I{. \ _r_G �'i�g�r-,�fyFS�3��3�=r..�- •w � �'.� '{� y 't �f 1�� \ � $�_�.: �� cYa .n :t � ._?.. �' f _ .T .j• �:4 � ��. Land-use planner Steve Gordon (right) and businessman Chucit Missar found common ground in the ivetlands of Eugene, Oregon. i I (EPA).And,perhaps best of all,it has become a model for "'\'Wetlands?!,' I said. I had been a member of The i other communities facing wetlands challenges. Nature Conservancy for 25 years and I thought I knew "We ended up with government, environmentalists, what wetlands were. You know, a tidal slough. But I was landowners and businesses all supporting the plan," says naive." Robert Moulton, an attorney who represents a number of Not only did federal wetland regulators deny the per- wetlands property owners and a member of the Eugene mit, the U.S. Army Corps of Engineers said that Spectra Chamber of Commerce, "and it's because we were all Physics had filled the first 20 acres without authorization. brought into the educational process." Says Missar: "We had jumped through all the hoops. We weren't trying to slime anybody. It's just that nobody THE XVETIANDS ISSUE in Eugene first came to a head at locally,,vas aware of the federal land-use planning require- Spectra Physics, a bar-code scanner manufacturer that. ment. The process wasn't in place and there was no prece- ,,ith 500 employees,is one of the largest firms in the city. dent.' The company came to West Eugene in 1980, con- Missar, a string-bean guy with an easy, warm smile, structing a one-story wood building on 12 of 32 acres it continues: "At that point we could fight and make some had purchased. Five years later the firm filled another lawyers rich, or we could say, 'OK, we don't agree, but eight acres and added a two-story manufacturing unit. we'll try to resolve the issues."' In late 1987 Spectra Physics applied for a permit to fill The EPA agreed to hold Spectra Physics' fill permit its remaining acreage and erect a third building. Facility application until the company "mitigated"—bought manager Chuck Missar remembers: "A city official called additional acreage in the same Amazon Creek watershed and said, -Chuck, I need to talk to you.' That's always a and did whatever was necessary to make it a functioning bad-news phrase. He told me wetlands had been discov- wetland. eyed on our property in an environmental assessment. Over several years, Spectra Physics rehabilitated about 11'1111'.\IBERIM 70131-R 101).; • NATURE CONSERVANCY 1 I rr43 +tea �1� 1 .�.- - '•may �� �q;. A The Willamette Valley daisy, one of several rare species protected at a Nature Conservancy preserve in the West Eugene wetlands. 30 acres of wetlands near its plant. "We had consultants make business expansion a lot easier than it had been for 4 three layers deep," Missar jokes. They moved 15.000 Spectra Physics. cubic feet of fill in a rye grass field and created a sinter First Gordon put together a team of engineers, plan- pond. They burned and plowed invasive reed canary ners and financial experts from several city and county grass, then planted the native tufted hairgrass. They hired departments and from The Nature Conservancy, which a nursery to grow other native plants. manages about 350 acres of the West Eugene Wetlands as Spectra Physics spent about $900,000 on the project the Willow Creek Natural Area. Under Gordon, who (about half of which has been reimbursed by city and believes hard work should be leavened with humor, th, state governments), all on the chance that government group became known as-The Wetheads." regulators would approve the work and grant the fill per- Gordon calls the process "25 percent science and 75 mit. But other developers were less willing to take the percent human interaction." Indeed, the key was citizen t risk.As Missar says, "no one wanted to get arrows in their involvement, including contacting the 125 property own- backs." ers who held from 1 to 200 acres in the area. Says Eugene wetlands coordinator Deborah Evans: "In looking at other WHILE CHUCK MISSAR was busy learning more than he models, things disintegrated into winners and losers thought it was possible to know about wetlands, the city Because of that, we rejected the idea of a task force o' hired Steve Gordon to lead them out of the quagmire. citizen advisory committee and instead involved as man\ The veteran planner had to come up with something citizens as possible.­ that would prevent the loss of.wetlands, improve water Between 1988 and 1991, the "Wetheads" led field trips i quality,control stormwater,protect rare species,provide a to the wetlands,spoke to civic groups and school and uni- stable development environment for business, help edu- versity classes about wetlands issues, mailed information cate the public and allow for recreation. And it had to to property holders. and held eight public workshops. f i 12 NATURE CONSERVANCY • >11171 \1131 R/o( I01H k 199.f stewardship ecologist for the Conservancy. He also serves as a wetlands consultant to the city,and his shared salary is a good example of the cooperative spirit that developed as the Wetheads proceeded. That's just how Catherine Macdonald likes it. She's the Conservancy's director of stewardship for Oregon. "Protecting biological diversity in an urban setting can involve complex land-use and engineering issues," she says.. , «B forming a partnership with the city of Eugene, we can take advantage of each other's expertise and resources." Alverson fords the east fork of Willow Creek, the only A Native prairie grasses planted near Spectra Physics' stream in the Amazon Creek drainage that hasn't been complex in Eugcne—part of the company's effort to channeled for flood control. He heads for several acres restore wetlands habitat. where the endangered desert parsley is flourishing. This open area also fosters the endangered Fender's blue but- terfly. On the west fork of the creek he checks a beaver They also met individually with property owners and oth- dam,looking for the rare western pond turtle. These wet- ers wanting to ask questions or express concerns. lands contain five other rare endemic species,such as the The workshops drew as many as 150 people,and many Willamette Valley daisy, Kincaid's lupine and the shaggy property owners attended them all. The atmosphere was horkelia. dominated by a sense of frustration—until early 1990. "Our philosophy has always been to seek a win-win "In that workshop we finally had an official wetlands solution," Alverson says. "The wetlands plan is a reincar- inventory and maps," Gordon recalls. "Some people were nation of that on a bigger scale." relieved to find they didn't own wetlands after all. Others The Conservancy now owns 200 acres in West Eugene realized their land did fit the definition and that they had outright,and is negotiating to purchase 150 acres it man- a common problem that was caused by changes in state = and federal regulations,not by local folks. They started to = , understand we'd all have to work together." As the public—especially property owners—found they could take officials at their word, the atmosphere = +. mellowed. "All sides compromised, and those compro- mises make sense," says Deborah Evans. "They meet state and federal wetlands law and they return certainty to development." THE NATURE CONSERVANCY played an important role in the process, Gordon says. "The Conservancy is very good at negotiating with private property owners. Thee A Chuck Missar (right), Spectra Physics'facility man- brought that tool box to the planning group. They're sci- ager, and county official Steve Gordon survey newly entifically sound,and interested in the broader ecosystem. rehabilitated wetlands. And then they brought in Ed Alverson as staff in Eugene, so we had day-to-day contact with the Conservancy." The Conservancy had set the tone for wetlands protec- ages under leases. The Conservancy's dream has been to tion a decade earlier when it leased its first acreage in the connect its acreage to other pieces of wetlands through a southeast corner of the West Eugene wetlands. The orga- greenway running north to Fern Ridge Lake. With the nization had identified the site as the best remaining piece West Eugene wetlands plan, that dream could well come of the Willamette Valley wet prairie—an important habi- true in the next two decades. tat for rare species that has been reduced to less than 1 percent of its original size. THE WETLANDS PLAN balances ecology with industry, Ed Alverson was hired in 1991 as Willamette Valley protecting the most ecologically valuable areas while ; SEPTEMBER/OCTOBER 1993 • NATURE CONSERVANCY 13 i_ ments, the mitigation bank and private nonprofit organi- zations such as The Nature Conservancy. STEVE GORDON envisions a future in which business and industry coexist with nature, where businesses will ---a �4 �/ I � k: locate in West Eugene because of the wetlands—not in �► r spite of them. Employees could spend their lunch hours Z7 canoeing or bicycling, strolling among wildflowers or watching waterfowl. He even sees businesses using an - image of environmental sensitivity to attract customers. To Gordon the future is bright for both ecology and economy. Others agree. Says Clayton Walker,a developer A With the Conservancy and others, Steve Gordon helped in Eugene for 20 years and president of the West Eugene z craft a plan that protects both nature and business. Community Association: "In the late 1980s we didn't know what to do and couldn't get any direction. I've sup- ported the West Eugene wetlands plan because it has the allowing development on the less important ones, says goal of providing certainty for the future. It's a good Steve Gordon. It calls for recreation and educational approach. Now it's starting to look like there will be a opportunity, with waterways, trails and an interpretive demand for industrial development again. Most of us center where citizens can learn about wetlands. involved are now cautiously optimistic." CeMMI to both preservation and enhancement of the The plan itself can be used in other communities deal- wetlands and to economic development is a "mitigation ing with wetlands management. The federal t bank." In effect, this allows developers to pay for the kind Environmental Protection Agency, which funded about of work Spectra Physics did on its own and hand off all 40 percent of the cost of planning, had that in mind from the details of land acquisition and rehabilitation to the the start. They knew that many cities-16 in Oregon local or federal government. In addition, a streamlined alone—are facing wetlands issues as they grow. permit application will reduce the paperwork wait from "We were looking for a community we could use as a months to weeks. model," says William Riley, EPA regional wetlands pro- Federal agencies, including the Bonneville Power gram manager in the Northwest. "The plan had to be Administration and the U.S. Bureau of Land Management good for wetlands and also good for the community in (BLM), will help implement the plan. The BLM has terms of predictable growth. We got Steve Gordon's lead- already purchased 18 acres of West Eugene wetlands and ership and drive and a community that took a problem has offers pending on 200 more. Ultimately, the BLM will and turned it into an opportunity." oven about 1,000 acres in the area as a public trust. The EPA has allocated$100,000 to help other commu- Daniel Bowman, BLM wetlands project manager, nities adapt the West Eugene wetlands planning process points to Danebo Pond,not far from his office in the heart to their own wetlands issues. Officials from at least 25 of the wetlands. "In 1967 this was a barrow pit. It filled in, cities have expressed interest and Gordon already has and now there's beaver in it, and great blue herons. made more than a dozen presentations at national and Mother Nature is taking it back. This makes me think that regional planners'conferences. mitigation can work." He gestures to an expanse of grassland once used for CHUCK MISSAR STRIDES along Amazon channel,grasses trap-shooting but otherwise undisturbed. "This 75 acres is waving halfway up his long legs. He's five minutes from possibly the largest native grassland in the Willamette his office, on the 30 acres Spectra Physics bought to reha- Valley. In these wetlands we're dealing with a habitat that bilitate. Pink, blue and white flags locate reintroduced is in much shorter supply than old-growth forest." native plants. Missar surveys stream bank and field, alert Wetlands acquisition, rehabilitation and maintenance for red fox, pointing to a spot where a pair of Canada will cost an estimated $16.4 million over the next 20 geese nest.A kestrel falcon soars above. years. Oregon Senator Mark Hatfield, Representative Peter "I wish we hadn't had to do this," he says. "We have DeFazio and former Representative Les AuCoin helped enough challenges making scanners at a profit without appropriate $3 million in federal funds to the BLM. Other becoming wetlands experts.But we did get what we want- sources of funding include the state and city govern- ed,our permit. The city retained us as a reasonably happy 7 4 NATURE CONSERVANCY • SEPTE.NQER/OC 10131.R 109 i business and got a first-class wetland reconstruction that will be a standard. "Normally this situation would have all the elements of a battle, but there's been a lot of effort to communicate. - People feel listened to," Missar says. "Steve Gordon's style, openness and grace under pressure make a lot of iteoi ,,.:u' ,i ;.'k•; work." Gordon is humble about his role and his accomplish- ' �► w\ �: ments. "It's not just me, you know," he says. "We have a .01 wonderful community of active citizens,local elected offi- cials and public agency staff, a supportive Congressional delegation, and state and federal agencies who wanted us to be a good example. _ "Most of all," he adds, "moving forward depends on ' trust and communication among environmentalists and developers.That's the magic." E3 SALLY-Jo BOWMAN is a freelance journalist who divides her time between Oregon and her native state of Hawaii. V Communication and compromise among businesses, conservationists, landowners and government officials were the keys to protecting Eugene's wetlands and their endangered inhabitants, such as Fender's blue butterfly. 10- 1 t I i 1 i SEI'r1-11RIR/()C 1013EK 199.3 NATURE CONSERVANCY 1 5 1 Sean S. Woodbury _ From: Sean S. Woodbury To: Ronald J. Straka; Mark R. Pywell Subject: Wetland Mitigation Bank Project Date: Tuesday, December 07, 1993 9:10AM Please let me know when Tuesday, December 14, and Thursday, December 16, you would be available to meet as a design team. The Tuesday meeting would be at most two hours to discuss the material distributed to you November 5 and December 1. The Thursday meeting would be two hours with the consultant to review some conceptual plans for developing the mitigation sites. I will distribute meeting agenda as soon as we have set the meeting times. Your response by mail or phone at X-5547 by the end of today would be appreciated. cc: Leslie Betland by phone. David Saxon will be on vacation and will not be able to attend. Mary Lynne Myer by phone. Page 1 ti U )IT C�002;�ii 93 13: 30 FAX 2U6 292 6f%33 /2/03 =�1C'8 4 1%575 Facsimile Corer Sheet To: Gary Votchuk '� Company: CB Commercial Real Estate Phone: (206)-292-613(j Fax: (206)-292-6033 From: Mark W. Stiefe), PE Company: Stiefel Engineering Phone: (206) 854-7472 Fax: (206) 854-1575 Date: 12/01/93 Pages including this cover page: 4 Comments: Trillium Corporation Fenton Properties Gary: Provided per your request is information on the Corps of Engineers Permit and the Department of Ecology Water Quality Certification issued for Parcel 8E, dated June 24, 1992. The original application to the Corps of Engineers Consisted of a letter notifying them of the Intent to fill less than one acre of wetlands, the David Evans Associates wetland report and a conceptual site plan prepared by Sob Fadden of Lance Mueller's office. I The application requested filling all onsite wetlands to the adg8 of the property, 0,79 acres total. The application and agreement with Renton for the wetiand mitigation bank was to fill all onsite wetlands with no buffer at the property line. Any required buffer would be taken on the southern parcel dedicated to the City for the Mitigation Bank. The lot line adjustment by Bush, Roed & Hitchings adjusted the southerly lot line for this parcel per the agreement, The sitework and related fill were completed under a Routine Vegetation Management Permit issued by Renton to Glacier Park and Trillium Corporation. { prepared all the documentation and coordinated tha permit process as described above. 3il FAX 206 292 6033 CB Ct MM-SEATTLE C]0 3, 1 0 G Nei,rk W. t Eta - _ P . 05 MARK W, STIEFEL RECEIVED y JUN 2 6 1992 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Mail Stop PV,77 o Dlympia, Washington 96SO4 8717 , (205) 459-6000 June 24, 1992 lit Karen E, Lane Glacier Park Company 1011 Western Avenue, Suite 700 Seattle, WA 98101, RE: NATIONWIDE PERMIT VERIFICATION 91.4-00095 Dear Ms. Lane, Thank you for the information regarding Water Quality Certification for your Orillia Block 8 site project under nationwide permit #26, Discharge into .Headwaters and Isolated Waters, The proposed work entails filling 0. 99 acres of Wetland's in King. County, Washington. I have checked the list of endangered, threatened a'nd sbnsiti,ve Species and the location of the project, Section 30, Township 23N, ',Range 5E, is not documented as habitat for these species, This agency verifies that the project complies with State requirements for nationwide permit #26 (attached) . The project may proceed as indicated in the letter that was sent to Ecology on April 27 , 1992. Any future permits obtained for work that will result in additional impacts to wetlands on the site, shall be coordinated with Department of . Ecology's Environmental Review Section, contact Sandra Manning at (206) 438-7514. The use Of Nationwide Permit #26 shall be limited to one M acre of impact without mitigation. If the impact exceeds one acre, mitigation will be requirsd. Sincerely, �r Maria Peeler, Supervisor Permit Coordination Unit Environmental Review MvP.slm n.+• me DEPARTMENT OP THE AIRMY sr,.v to SICATtLE dISTR! T CORPS of ENGINEERS GINc�R� � 1 1 E L - Box •3733 SLATTLE,WASH INGTOt 4E1241L35 APR z Z 19�2� r,1L«r,WCW APR 2 0 1992 Regulatory Branch Mr. Xarty Sevier FIL E Copy Glacier a i Park C omps.ny 1011 Western Avenue, Suite 700 Seattle, Washington 98104 Reference: 91-4-00095 Glacier Park Co any Dear Mr. Sevier: C Plcl. *81r We have confirmed the wetland delineation on the 9,28 acre, Ori.11ia Block 8, Lot 4 site located south of SW 34th Street, we$t of Springbrook Creek, east of Oakesdale Avenue SW and north of SW 39th Street in Section 30, Township 23 Forth, Range 5 East, Renton, Washington. We are in agreement with the delineation report prepared by David Evans and Associates, Inc. , dated November 12, 1991. This confirmation of delineation is valid for a period of three years from the date of this letter. We have also evaluated your proposal to discharge fill material into 0.99 acres of wetlands, which are isolated. Department of the Army regulations dated November 22, 1991, authorize certain activities under nationwide permits, provided the enclosed conditions are mat. Nationwide Permit 26 (Part 330, Appendix A) authorizes discharges of dredged or fill material into nontidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 cubic feet per second . . . . The entire text of Nationwide Permit 26 is enclosed. r Prior to Placing fill, you must contact the Washington State Department of toology to determine whether documented habitat for a state listed species is preaent. If present, this nationwide permit is not valid and you crust contact us again to determine permit requirements. Please I'contact: State Nationwide Permit Coordinator Department of Ecology P.O. Box 47703 Olympia, WA 98504-7703 Telephone (206) 438-7514 or 459-6038 We suggest that you place the following statement on the project plat as 3nfornation to future property mgnagars: contact the corps of Engineers about permit requirements for work in wetlands. .2- This verification will be valid for two years from tho date of this letter or until the nationwide permit is modified, reissued, or revoked. If additional placement of fill in watera of the united Stater, including watlands, is contemplated on this site, you must contact use concerning any additional permit requirements, Uhile you need no further authorization from w1, you must still comply with other Federal, State and local, requirements wihich may pertain to the work. If you have any questions, please contact Kr, Jack Gossett at the above address or by telephone at (206) 764-5495. Sincerel Robert H. Martin Chief, Frooessing Section Enclosures i i r Renton Parcel t8E Utilization Map Lot 4, Blook S (Lot 3 of Short Plat) drWJ.a Indu$trial Area Renton, Washington S.W.3�tih 5z. 1. Wet1"s verif ied by: * City of Renton * Corps of engineers, " 2, Wetl" Fill Authorized by y w ` City of Rnto „ee n per Mitigation Bank . z y Agreement. City is respgnsible for y wetland mitigation in Banks per city Dodo. 3. Wetland Fill Authorized by-, Corps of Engineers ,for filling 0,99 sores of wetland per NWP No. 26. Refer to permit No. 9 1-4--000 9 5 4. Farm l Ut i l i zat i.on Map shows a layout of wetland filling aad buildable area. Other configurations are possible. 40 • Site Area 6. 72 acres * Total Wetlands 0.79 acres Wetland fill 0.79 acres • Buffer width 25 feet • Usable area 6. 72 acres CrE D; Wetland To Remain Buffer / Open Space Usable Area Mitigation Bank Wetland Biolog..tst, David Evans Associates Surveyor; Bush, Roed &. Hitching$ North Engineer: Mark W. Stiefel, PE Scale 1" = 200' (APpx.) CITY OF RENTON MEMORANDUM DATE: December 1, 1993 TO: David Saxon Mark Pywell Leslie Betlach FROM: Scott Woodbury SLA) SUBJECT: WETLAND MITIGATION BANK PLAN DRAFT MITIGATION PLAN CHAPTERS 1 TO 6 Please find attached copies of the draft mitigation plan Chapters 1 to 6 for your review and comment. Mary Lynne Myer and Ron Straka have already received and are reviewing the documents. We will hold a design team meeting early in the week of December 13 to discuss the attached information and the policy issues distributed on November 5th. Later the same week we will meet with Parametrix to discuss alternative conceptual site plans for the mitigation sites. I will be calling you this week to arrange the meeting times. If you have any questions about any of the information or the status of the project, please call me at X-5547. H:DOCS:93-1 1 17:SSW:ps CC: Mary Lynne Myer Ron Straka i 1i/,d/f3 iii)d G W1 &NG Dq-A c-WC4f Poo sf l�k A� 5,u(z c A lul rJ/ 1.�NN G vnh.Ar►N� _t.,Ajnr t„)- M�►� s (,Ro�nN� , . , Cat S'r5� LIfir /N SEI'r iff3 A(7ot rs/r 'A -14(sx)1 L/UMJ01&1la/JS, B/�S/1 fa it (,e/Z PS b✓`c,S)arj /S ^xtr w)of&SfOoD . Go yo�l "!2/u/DUA4— 16 CCgPr C4wf/-t 5 u 6 6 9,5 r w/ Cd tuff 6 7��A-P- 7-1,4-ri c.Upi (, u/aG, �*Qpr rR/s )f Aid r �j1,�€6)n „ r- -7Qr/f%/— , 1 �h�Nry 1+6 I /vim T�Kt G /sf u� I.J U5Y 6r-r Pr ,,,., e- M5 ✓�� y� �^,�� c,„,�,��� nv (less Try" TG T! '4 IN D6LTa L /a (vti S7U6G�j5 1 e/N6 r6 Ap6, ( `l'` /J A �4^4o)e PAS L�Nw — `1vifj_ )Sv7' (pun� vrKZ oAOJp\cfrruU!_ �- 'd�/C-FM^' of Ceti r-L I Cq'_ Uri i.✓/ C�l,o/�L , f1�w w� ,FLU c. c-y t7 'IPA'? Nor Ay )L�464 . Caat��D Gu(LI?!E _ vn•�o�t F �� �?Is c,t,'Sv uU0 ! �Prf L4Tr" S 'r ji 779- c.."l A& dOJ&' 6td6A-V)rca StrG6017s PoSSel�CE rr W� C:el Ur�r.�kQ . OIJA) wt� C-'0� , (,^I C S614 S Ad\)l I/✓& C-A S T IAA` -6Murk q 1L.A f>v>u 4-If t C CA LA, j 6 w- ;ram fjEG� �iC CITY OF RENTON MEMORANDUM DATE: November 5, 1993 TO: Ron Straka Mary Lynne Myer David Saxon Mark Pywell Leslie Betlach FROM: Scott Woodbury 15LI) SUBJECT: WETLAND MITIGATION BANK PLAN REVISED POLICY ISSUES Please find attached copies of the revised policy issues for your review and comment. Parametrix has expanded the issues and revised them into the problem solving sequence format as requested. We will hold a design team meeting the week of November 15 to discuss the issues and formulate a design team recommendation. I will be calling you next week to arrange for a meeting time. If you have any questions about any of the information or the status of the project, please call me at X-5547. ,Iluv- J-di wtu 1 I K I A h AX N0, 206 889 8808 P. 02/18 CHAPTER 3. POLICY ISSUES During discussions between the City and the project team, several policy issues were identified that require discussion and resolution. The issues are identified below, followed by a brief discussion of the issue, options to resolve the issue, advantages and disadvantages to the options, and a recommendation. 3.1 POLICY ISSUE 1: Should the City be Eligible to Use the Mitigation Sites for Public Projects? 3.1.1 Jssue Under the current City of Renton Wetland Ordinance, a wide range of city-sponsored activities can occur in wetlands without obtaining a special permit. These activities are outlined in the City of Renton Wetland Management Ordinance (City of Renton 1992), Section 4-32-4 and include: • Activities affecting a single, hydrologically isolated Category 1 or 2 wetland of less than 2,200 sq ft within a property boundary (City of Renton 1992; Code Section 4-32-4.C.1). • Activities affecting hydrologically isolated Category 3 wetlands of less than 5,000 sq ft within a property boundary (City of Renton 1992; Code Section 4-32-4.C.2), • Normal and routine maintenance and repair of existing facilities where no alteration of the wetland or additional fill materials will be placed (City of Renton 1992; Code Section 4-32-4.A.4). The area must be restored to original conditions. • Normal and routine maintenance and repair with minimum placement of fill to bring facility up to established safety standards (City of Renton 1992; Code Section 4-32-4.A.5). Impact must be minimized and area restored. • Site investigation work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities (City of Renton 1992; Code Section 4- 32-4.A.8). • New surface water discharges to Category 1, 2, and 3 wetlands where discharge meets Chapter 22 of the City's Storm and Surface Water Drainage Ordinance. These activities will not result in significant changes in water temperature or chemical characteristics, and any changes in hydrology that would result in greater wetland function and value (City of Renton 1992; Code Section 4-32-4.A.9). Parametriz, Inc. 10 55-1779-07 City of Renton - DRAFT drf?mtig.p(n November 3, 1993 NOV- 3-93 WED 13: 11 NARAPIETRIX r X NU, ?Ub 889 bbUb r, Uri ib • Regional storm water management facilities designed consistent with the Washington State Department of Ecology's Wetlands and Storm Water Management Guidelines (City of Renton 1992; Code Section 4-32-4.A.12), • Enlargement of facilities beyond existing needs provided footprint does not increase more than 10 percent within the wetland or its buffer (City of Renton 1992; Code Section 4-32- 4.C.6). • Emergency activities (City of Renton 1992; Code Section 4-32-4.D), As outlined above, the Wetlands Management Ordinance (City of Renton 1992) allows for a wide range of city-sponsored public activities without needing to compensate for the temporary or minor disturbance to wetlands. However,there are other public projects(e.g., transportation, road improvements, public works) that the City may consider in the near and long term whose impacts to wetlands may require compensatory mitigation. These impacts could be compensated for through the use of the proposed mitigation banking program. 3.1.2 Options 3.1.2.1 Option 1: Allow public project impacts to be mitigated for at the mitigation banking sites (assumes that the public project meets the eligibility requirements for using the mitigation banking program) Advantages • The City would not have to necessarily provide on-site mitigation, • The City would not have to necessarily acquire additional land to implement an off-site mitigation design. State and Federal regulatory agency acceptance of the credibility of the mitigation banking program could increase with City participation. Allowing public projects to be eligible provides an opportunity for a partnership between public and private developers. Disadvantages • The amount of available "banked" wetland mitigation on the sites may diminish relatively fast if numerous public projects that affect higher quality wetlands (i.e., Category 1 and Parametrix, Inc, 11 City of Renton - DR9FT 55-1779-07 November 3, 1993 drflmtig.pin wcu i c- i c r INN is i tt I n FAX NO, 206 889 8808 N, 04/18 2 wetlands) are implemented and are mitigated for at the mitigation banking sites (i.e., less banked wetland credit available for use by the private sector). • There is the potential that the general public may perceive the City as giving preferential treatment to meeting the eligibility requirements for public projects. 3.1-2.2 Option 2: Do not allow public project impacts to be mitigated for at the mitigation banking sites. Advantages • Leaves more "banked" wetland available for private projects, • There may be more public interest in the mitigation program if it was designed just for the private sector. Disadvanta es • The City would need to acquire land to conduct off-site mitigation for public projects if on-site mitigation could not be achieved. • The City would not be able to take advantage of the mitigation banking program - a program to which they are committing substantial financial resources. • State and federal agencies may not be as supportive of the mitigation banking program if it is designed solely for the private sector. 3.1.3 Recotnme dation Comments from the general public(October 20, 1993)and the development community (October 21, 1993) were considered when malting this recommendation. Considerations included the fact that public projects serve a public need benefiting the entire community, and that implementation of the mitigation banking program may be financed, in part, by the City (e.g., 5.33 acres of mitigation required for allowing fill on Glacier Park properties, Parks and Recreation trail development). We recommend that wetland mitigation projects for public projects that meet the eligibility requirements for using the mitigation banks be allowed on the mitigation banking sites. However, the City should consider limiting public participation to not exceed 50 percent of the total available mitigation banking acreage. Parametric, Inc. 12 55-1779-07 Ciry of Renton - DRAFT drftmtig.pin November 3. 1993 NOV- 3-93 WED 13: 13 f ANAME fK I X r Ax NU, ?Ub 889 8808 r, U5/i b 3.2 POLICY ISSUE 2: Should the Mitigation Sites be Used for Impacts to Category 1 and 2 Wetlands, or Only for Projects Impacting Category 3 Wetlands? 3.2.1 issue In early conversations about the structure of the mitigation bank, the general agreement seemed to be that only projects affecting Category 3 wetlands should be eligible to use the bank (Appendix A, Summary of Category 1, 2, and 3 Wetlands). The general reasoning was that this category represented the majority of wetlands within the Valley, and impacts would tend to occur on the smaller and lower value wetlands. A review of the Wetlands Management Ordinance and the current city wetland inventory indicates that some Category 1 and 2 wetlands could also be potentially eligible to use the bank. Deciding on whether to consider impacts to Category I and 2 wetlands eligible for use of the mitigation bank is dependent, in part, on (1) the number and acreage of Category 1, 2, and 3 wetlands within the Valley, and (2) interpretation of the City's Wetland Management Ordinance. Based on the available wetland inventory data there are 19 Category 3 wetlands ranging in size from less then I acre to about 20 acres, 12 Category 2 wetlands ranging in size from less than 1 acre to about 23 acres, and three Category 1 wetlands ranging in size from 20 to 65 acres. The City of Renton owns all of the Category I wetlands (Table 1, see Figure I). The City's Wetland Management Ordinance is somewhat ambiguous with respect to whether Category 1 and 2 wetlands can be impacted. As currently interpreted, the ordinance does not preclude development activities in Category 1 and 2 wetlands; but it does not actually state what activities are regulated in these higher quality wetlands_ 3.2.2 Options: 3.2.2.1 Option 1: Allow the mitigation banking sites to be used for impacts only to Category 3 wetlands. Advantages • Potential impacts to Category I and 2 wetlands would be minimized if project proponents could not use the mitigation banking sites and had to do on-site and/or off-site mitigation (Le,, disincentive to impact Category I and 2 wetlands). • Ensures that only lower quality wetlands are being impacted, mitigated for, and replaced with greater functional value. Parametriz, Inc. 13 Ciry of Renton - DRAFT 55-1779-07 November 3, 1993 drftmtig.pin N'OV- 3-93 WED 13: 13 PARAMETRIX FAX N0, 206 889 8808 P, 06/18 Table 1. Inventoried wetlands within City of Renton limits, Wetland Wetland Code t Type Size Category 1 2 W-4 3 PFO,PSS,PRM 65 W-5 1 PFO 20 W-123 PSS,PEM 41 Total 3 Category 2 W-25 PFO 1 or loss W-40 PEM,PSS W-43 PEM W-3 POW,PFO,PEM 5-6 W-38 PFO,PSS,PEM W7N PEM,PSS 11 - l2 W8N PSS,PEM W13C POW,PENT PSS W-10 PFO,POW 12-13 W-22 PEM,PSS,PFO 18-19 W-45 PFO,PSS,PEM W5C PFO,PSS 23 Total 12 Category 3 2 W-54 PEM 1 or less W-31 PFO,PEM W-34 PEM W-35 PEM W-56 PSS,PFO,PEM 1-2 W-9 PFO W-16 PEM,PSS W-3 6 PEM W-6 PFO,PSS 2-3 W-75 PSS,PEM W-15 PFO,PSS W-41 PSS,PEM W-14 PSS,PEM 3-4 W-33 PER PSS W-85 PSS,PEM 4-5 W-13a PFO,PEM,PSS W-21 PEM,PSS W-32 PFO,PSS 6-7 W-13b PEM 20 Total I9 Notes: A portion of W-22 is Wetland Mitieatlon Site 1 A portion of W-321s Wcdand Mitigation Site 2 1 From R.W.Beck 1993,Black River Basin Draft Water Quality Management Plan,Volume 3 and Jones and Srokes 1991,Critical Areas Inventory,City of Renton Wetlands and Stream Corridors 2 Category is based on City of Renton wetland ordinance 7 Owned by the City of Renton PEM —Palusulne emergent PSS =Palustrine scrub shrub POW =Palustrine open water PFO =Palustrine forested NUv- 3-93 WED 13: 14 PARANETRIX FAX N0, 206 889 8808 P, 07/18 • Focusing the mitigation banking program on Category 3 wetlands may result in greater Opportunities to retain and expand the City's economic base, • Administrative management of the mitigation would be relatively simple. Disadvantage • Projects that may impact Category 1 P g ry (public only) and 2 (public and private) wetlands would not be eligible to use the wetland mitigation bank and would need to consider on- site and/or off-site mitigation alternatives, 3.2.2.2- Option 2: Allow the sites to be used for impacts to Category 1 and 2, as well as Category 3 wetlands. Advanta e • Provides greater opportunity for the development community to use the mitigation banking program and does not necessarily preclude public and private development in Category 1 and 2 wetlands. • Provides opportunity for City to use the mitigation banking sites for impacts to Category 1 wetlands. Disadvantages • Potential to use up the acreage created for the bank relatively fast because of greater replacement-to-loss ratio prescribed by the City's Wetland Ordinance (City of Renton 1992) (i.e., potentially fewer users), • Higher value wetlands have higher buffer requirements, resulting in a net reduction in wetland mitigation area available for banking, 3.2.3 Recommendation Based on the available information on inventoried wetlands under the jurisdiction of the City of Renton, the majority of wetlands that may be subject to future development activities appear to be a combination of both Category 2 and 3 wetlands, with Category 3 wetlands appearing to be more abundant than Category 2 wetlands. The majority of the Category 3 wetlands occur in the portion of the Valley where economic development is desirable. Therefore, it is reasonable to expect the majority of impacts to occur to Category 3 wetlands. Para07, Inc. IS S 5-1779-779-0 City of Renton - DRAFT drftmagpin November 3, 1993 NUV- wtu 1 J: 14 FAKAML ix 1 x FAX NO, 206 889 8808 P, 08/18 Neither the general public nor the development community objected to allowing impacts to Category 2 wetlands being potentially eligible to use the'mitigation banking program. However, the general public did not want impacts to Category 1 wetlands to occur and be mitigated for on the mitigation banking sites. The City is currently the sole owner of Category 1 wetlands within the Black River Drainage Basin (with the exception of a portion of the Panther Creek Wetland). Future public projects (e.g., extension of Oaksdale Avenue) may affect a portion of the adjacent Category 1 City of Renton Wetland (see Figure 1). Any impacts will need to be mitigated for according to the City of Renton's Wetland Management Ordinance (City of Renton 1992) and/or according to the Corps (and advisory state and federal resource agencies) permit conditions. The City should, at a minimum, have the opportunity to mitigate for those wetland impacts on the mitigation banking sites. Because it is unlikely that significant portions of City-owned Category 1 wetlands will be impacted, we recommend that compensating for impacts to Category 1 wetlands be allowed at the mitigation banking sites. We also recommend that the City consider allowing compensation for impacts to Category 2 as well as Category 3 wetlands to occur at the mitigation banking sites. The City needs to remember that any wetland under the jurisdiction of the Corps (and associated agencies such as the U.S. Environmental Protection Agency [EPA] and the Washington State Department of Ecology [Ecology]) are subject to federal regulatory requirements_ The Corps and Ecology may not determine that compensation for impacts to a given wetland under their jurisdiction is appropriate at the mitigation banking sites. Finally, the section of the City's Wetland Management Ordinance on allowed and regulated activities (Section 4-32-4) is subject to broad interpretation for whether Category 1 and 2 wetlands can be impacted. Therefore, we recommend that the City request administrative clarification to determine whether the ordinance intended to allow impacts to Category 1 and 2 wetlands. 3.3 POLICY ISSUE 3: Should the Mitigation Sites be Used for Impacts to Wetlands That are Less Than 1 Acre, or for Projects Impacting Wetlands Less Than 1 Acre or 1 Acre or Greater in Size? 3.3.1 Issue In early conversations with the City of Renton about the structure of the mitigation bank, the general agreement seemed to be that only projects affecting wetlands of less than 1 acre, and considered to be above the headwaters, should be eligible to use the bank. The general reasoning Paramerrix, Inc. 16 City of Renton -DRAFT 55-1779-07 November 3, 1993 drftmtig.pin NUV- 3-93 WED 13: 15 PAKAMElK1X rAX NO. 2Ub 889 ddUd r, U9/18 for this was that any permitting decisions would largely be a City responsibility and impacts to these wetlands would not necessarily require a permit from the Corps' and/or Ecology', However, there are wetlands within the Valley that are larger than 1 acre and a developer (public or private) may determine that unavoidable impacts to a proposed project are going to impact greater than 1 acre of wetland, For impacts to wetlands greater than 1 acre, a permit (either a Nationwide 26 permit or Section 404 individual permit, depending on the jurisdictional status of the wetland) to fill the wetland is required from the Corps and/or Ecology, 3.3.2 Options: 3.3.2.1 Option 1: Allow the mitigation banking sites to be used for impacts only to wetlands that are less than 1 acre and above the headwaters. AdvantaLres • The City is the primary agency involved in permitting these types of activities and with working with the development community to determine appropriate compensatory mitigation. • Reduces the level of coordination necessary with state and federal resource and regulatory agencies, thus reducing the time invested in the administrative and technical management of the mitigation banking program. Disadvantages • May preclude a project proponent(public or private) from being able to use the mitigation banking site if other state and federal permit requirements could be met for wetlands 1 acre or larger. • If the Corps determines that many of the wetlands in the Valley are adjacent, the wetlands that would be eligible to use the site would shift to the upper drainage basin areas. These We are assuming that some of the wetlands within the Valley that are less than 1 acre are indeed wetlands that are above the headwaters, thereby allowing the City to be the sole agency managing activities in those wetlands and the wetland mitigation banks. Should the Corps determine that the majority of wetlands within the Valley are "adjacent," the usefulness of the wetland mitigation banking program will need to be addressed. ' The Corps and Ecology should be notified when a project is going to impact a wetland that is less than 1 acre and above the headwaters. The Corps will typically issue a jurisdictional letter and/or a Nationwide 26 permit. However, the Corps and Ecology have not typically required mitigation for impacts to wetlands that are less than 1 acre and above the headwaters. Parametrix, Inc. 17 City of Renton - DRAFT 55-1779-07 November 3, 1993 drftmrig.pin NIaV- �-yJ WLU 1�; 1 b YHKHnt I K I A r»n INU. cuo OOJ ooUa r. 1 U/1 b areas are often considered to be of higher value because they are less disturbed and are often associated with primary and secondary stream tributaries. 3.3.2.2 Option 2: Allow the sites to be used for impacts to wetlands that are less than or greater than 1 acre in size that are either above the headwaters or adjacent. Advantage • Provides an opportunity for project proponents (private or public) that can meet state and federal regulatory requirements to potentially use the mitigation banking site.4 Disadvaptages • The wetland mitigation credit could potentially be used by one large project, thereby limiting opportunities for others who develop in the Valley. • An investment of time and resources may be needed to coordinate and negotiate an agreement with state and federal resources agencies. • Agencies(i.e., Ecology, EPA)require higher-value wetlands to have larger buffers. These buffer requirements may need to be met on the mitigation banking sites. • Up-front costs for the mitigation program could potentially increase, • State and federal agencies may have a difficult time agreeing that mitigation on the banking sites will be adequate compensatory wetland mitigation. 3.3.3 Recommendation The project team recommends that wetlands that are less than 1 acre and above the headwaters be eligible to use one of the two mitigation banking sites (e.g., Mitigation Banking Site 2). As envisioned, impacts to less than 1 acre of either Category 1, 2, or 3 wetlands that are considered to be above the headwaters would be permitted(including mitigation requirements) primarily by the City of Renton and mitigated for at one of the taro mitigation sites. ' Impacts to wetlands that are under federal jurisdiction need to be substantiated by meeting the alternatives analysis Section 404 (B)(1) guidelines of the Clean Water Act. The basic presumption of the alternatives analysis is that there is a less environmentally damaging practicable alternative to a project that is not dependent on water, including wetlands_ Thus, depending on the type of project, it is unlikely that many project proponents who want to develop wetlands within the Valley will be able to pass the alternatives analysis. If this assumption is true then it is likely that few impacts from projects that are subject to the federal requirements could potentially be offset at the mitigation banking sites. Parametrix, Inc. 18 'City of Renton - DRAFT 55-1779-07 November 3. 1993 dYJ?mtig.pin NUV— 5—d6 WtU 1�; 1 b rHKHCIt i N 1 h r Hn flu, quo ooJ aouo r. 1 11 1 b However, if a project proponent can meet the state and federal regulatory requirements associated with activities affecting wetlands [e.g., Section 404 (13)(1) alternatives analysis of the Clean Water Act], and the agencies, including the City of Renton agree that mitigation banking is the best compensatory mitigation option, the impacts could be offset at the other of the two mitigation banking sites. The City of Renton may not necessarily need to meet and negotiate a Memorandum of Agreement with the federal and state resource agencies that also have regulatory oversight of the wetlands. However, the City will need to participate in the evaluation process with the state and federal agencies to determine if the mitigation banking site is the best option to compensate impacts to wetlands 1 acre or greater that are above the headwaters or adjacent. To ensure that sufficient wetland banking credits are available at the two mitigation banking sites, we further recommend that the mitigation program give preference to projects that impact less than 1 acre of Category 1, 2, or 3 wetlands that are above the headwaters. Adequacy for using the mitigation banking sites would need to be determined for projects that affect 1 acre or more of wetland. This concept is illustrated below in Table 2. Table 2. Recommended preference for allowing impacts to be compensated for at the mitigation banking sites. Size Priority Weiland Category (acres) Jurisdictional Status I Cate0ory 3 <l above the headwaters 2 Category 2 <1 above the headwaters 3 Category I <1 above the headwaters 4 Category 3 zl above the headwaters or adjacent 5 Category 2 zl above the headwaters or adjacent 6 Category 1 _>I above the headwaters or adjacent 3.4 POLICY ISSUE 4: Should the City be Solely Responsible for Administrative and Technical Management of the Mitigation Program and Mitigation Sites? 3.4.1 Issue The overall management of a mitigation banking program includes an administrative and technical management component. In general, administrative management includes: Parantetrix, Inc. 19 City of Renton - DRAFT 55-1779-07 November 3, 1993 drllmttg.pin Nuv- J_y� Wtu i J: 1 ( r mnt i K i x h AX N0, 206 889 8808 P, 12/18 • Establishing the administrative agent • Credit brokering and credit tracking • Collecting and tracking fees • Financial issues and funding • Permit tracking • Being the bank operator (day-to-day management) In general, technical management of the sites includes: • Determining whether the project is suitable to use the mitigation banking program • Monitoring credit evaluation • Site maintenance • Implementing contingency actions • Oversight of site construction The commitment of individual(s) and time to manage the mitigation banking program requires, at a minimum, that the individual(s)be knowledgeable about permitting(local, state, and federaI), wetland delineation, functional monitoring evaluations, financial management, and public relations. Currently, the City of Renton has staff with experience and expertise in evaluating SEPA checklists, permit applications, fiscal and financial (permit fee tracking) management, and public relations. However, it is the project team's understanding that the City requests technical wetland expertise from Ecology regarding SEPA checklists/permit applications that affect wetlands, wetland delineations, and mitigation plans. 3.4.2 Options 3.4.2.1 Option 1: The City of Renton is the sole administrative and technical manager of the mitigation banking program and mitigation banidng sites. Advantages • Typically programs that are administered and managed by one entity are more efficient and coordinated. • Project proponents have a greater sense of predictability associated with how the program works. • There may be reduced costs if the program were managed by the City. • The City would benefit from the knowledge it gains on mitigation banking; this can be used when developing other mitigation banking sites within the City. Parametriz, Inc. 10 Ciry of Renton -DRAFT 55-1779-07 November 3, 1993 drf?mtig.pin NUV_ WLD 13: I d rAKAl1L i K 1 X r AX NO. 206 889 8808 P, 13/18 • The City engenders a level of trust and credibility with the users of the mitigation banking program because of the City's administrative and technical knowledge. Disadvantages • It may be difficult for the City to keep abreast of the growing body of knowledge regarding wetland creation, restoration, functional assessment, and monitoring techniques that may be applicable to the mitigation banking program. • The City will need at least one staff person who is knowledgeable about technical issues, administrative and financial management, public relations, and permitting. This person would need to be dedicated 100 percent to the program. 3.4.2.2 Option 2: The City of Renton is the Administrative manager of the mitigation banking program and contracts out the technical management components of the program_ Advantages • May ultimately be less expensive to contract out for technical management (i.e., monitoring, site maintenance, assistance with evaluating permit/SEPA applications, site visits to assess impacts to wetlands, review of wetland delineation reports, etc). • Potentially more technical expertise is available from contractors that can benefit the program. • Allows the City to focus on the administrative management functions, oversee the contractor(s), and day-to-day management responsibilities. Disadvantages • City has to manage one or more contractors. • City may potentially lose knowledge to be gained because of indirect participation in the technical management components of the program. 3.4.3 Recommendation The City should consider hiring a contractor/consultant for at least the first 2 or 3 years of the program, from site development through site monitoring for two reasons: (1) there may be a perception among the regulated community and general public that the City should not be the developer of the program, manager of the program, and user of the program without involving Parametrix, Inc. 11 Dry of Renton - DRAFT SS-1779-07 November 3, 1993 drftmtig.pin 11V. J VJ WLL 1J' 1V 1 +1111111LIlllll 11111 IlV. LVV vvv VVVV 1 lY/ lU an objective party, and (2) the City can benefit from the technical expertise of contractors and consultants that have experience in monitoring, functional assessment, review and verification of wetland delineations and reports, etc. If this recommendation is accepted, the designated staff person from the City that will be the administrative manager of the program should maintain an active role in the technical management components of the program so that the City could eventually be the technical manager of the sites. We also recommend that the City develop a simple mechanism to notify the Corps when the City is allowing a project proponent to use the mitigation banking site that will allow mitigation for impacts to wetlands less than 1 acre that area considered to be above the headwaters (activities for altering those wetlands are authorized by the Corps Nationwide 26 permit process)_ The purpose of establishing a mechanism is to provide the Corps with information on what the City is requiring for mitigation associated with filling wetlands. Notifying the Corps of City actions will allow the Corps to have a record in the event that they are contacted about a potential fill violation. The mechanism would include: 1. Identifying one individual in the Corps regulatory division and one individual at the City of Renton to be the point of contact for this program. 2. The City requiring a project proponent to submit a copy of the Corps' letter on the jurisdictional determination of the wetland(for sites without specific project plans), a copy of the Nationwide Permit, or the Letter of Authorization (for sites with specific project plans), before the City allows the project proponent to use the mitigation banking program (this is one of the proposed eligibility requirements). 3. The City then preparing a form letter that references the Nationwide Permit number, the Letter of Authorization, or the Corps letter and which indicates that the City intends to allow the project proponent to use the mitigation site(s) to offset losses to wetland resources. The form letter should be sent to the designated contact person at the Corps for their files and for its office of law enforcement. We also recommend, irrespective of the choice of options, that once the program is adopted the City train an employee, or hire or contract a wetland specialist, to assist with technical management issues and not rely solely on Ecology for technical assistance with projects that may potentially use the wetland mitigation banking program. Parametrix, Inc. 12 Ory of Renton - DRAFT 55-1779-07 November 3, 1993 drflmtig_pin Nuv- J-dJ WGU 1J. 10 f r11%H1Ir-1ftln Inn 11U, CUO 00J OOUO r . 1Ui 10 3.5 POLICY ISSUE 5. Should the City Consider Exempting Category 3 Wetlands From the Sequencing Process (i.e.,Avoidance,Minimization Compensation) Currently Required by the City's Interim Wetlands Ordinance? 3.5.1 Issue Currently the City of Renton's Wetland Management Ordinance requires that impacts to Category 1, 2, and 3 wetlands from development projects first be avoided and then minimized. Once project impacts have been avoided and minimized, any unavoidable impacts are then compensated. This process is typically referred to as sequencing of project impacts. This sequencing process is consistent with state and federal policies and regulations for wetland protection and management. 3.5.2 Ontiom 3.5.2.1 Option 1: The City exempts Category 3 wetlands from sequencing." Advantages • Eliminates one procedure of the City's Wetland Ordinance with which project proponents need to comply. • Potentially reduces time spent in project design. • Potentially provides added incentive for developers wanting to locate/build industrial, commercial, and residential developments in the Valley. • Provides flexibility to project proponent in site planning and design. Disadvantages • Only Category 3 wetlands under the primary jurisdiction of the City could be exempt (wetlands under state/federal regulations would still be subject to sequencing). • Does not preclude developer from getting a jurisdictional determination from the Corps. s This option assumes that only Category 3 wetlands of less than 1 acre that are above the headwaters would be exempt, because any wetland impact subject to state and federal regulatory requirements would require sequencing. Parametrlx, Inc. 23 City of Renton - DRAFT 5.5-1779-07 November 3, 1993 drf?mtig.pin NUV- 3-93 WED 13;20 PAMME"l R 1 X FAX N0, 206 889 8808 P, 16/18 • Special features of the site (i.e., provides flood storage) may make exemption disadvantageous to achieving regional goals of no net loss of wetlands and wetland functions, 3.5.2.2 Option 2: The City does not exempt Category 3 wetlands. Advantage • All wetlands, whether they are governed by local, state, or federal regulations, are considered equal with respect to sequencing of project impacts. Disadvantage • Potentially may reduce economic incentive for developing lower quality Category 3 wetlands. 3.5.3 Recommendation While exempting certain Category 3 wetlands from the sequencing process would be viewed as advantageous for site developers, we recommend that the City continue to require sequencing of impacts for all wetlands, at least during the first year or two of the mitigation banking program, for three reasons- I. Some of the development community and general public may perceive inequality in how wetland impacts are_evaluated by the City. 2. Some Category 3 wetlands of less than I acre (that are above the headwaters) may provide a relatively significant function whose impact may affect achieving a goal of no net loss. 3. Potentially, the time required by the mitigation banking program manager to track and manage exempted wetlands may increase, and result in increased administrative costs. We also recommend that the City reevaluate the option of exempting Category 3 wetlands less than 1 acre that are above the headwaters once the program has been implemented and operating for 1 to 2 years. At that time it can be determined whether exempting certain Category 3 wetlands can be done equitably and with minimal paperwork. Parametrix, Inc, 24 Ciry of Renton - DRAFT .i5-1779-07 Nrnember 3, 1993 drftmtig.pin NUv- 6-as wall 1�:�u f AKAME l K 1 X FAX NO, 206 889 8808 P. 17/18 3.6 POLICY ISSUE 6: Should the City Consider Modifying the Existing Interim Wetlands Management Ordinance to Recognize Enhancement as an Acceptable Form of Compensatory Mitigation? The City's Wetland Management Ordinance does not currently recognize enhancement as a compensatory mitigation option[City of Renton 1992; Code Section 4-32-6(b)(1)j, because at the time the ordinance was developed the City decided that enhancement was difficult to define—and the City lacked the technical expertise necessary to determine if enhancement actually occurred. In general, enhancement is considered to mean those actions that are taken to improve upon or establish new functions within an existing wetland. 3.6.1 O ti ns 3.6.1.1 Option 1: The City modifies the interim Wetland Management Ordinance to recognize enhancement as an acceptable form of compensatory mitigation. Advantages • Provides an additional compensatory option for developers to consider. • Increases the acreage (approximately 10 to 15 acres) available on the mitigation banking sites that could be used as credits in the mitigation banking program. • Establishes consistency with other local, state, and federal wetland mitigation programs (most recognize enhancement as one of several compensatory mitigation options). Aisadvantages • The City will need to define enhancement, establish criteria that will evaluate the success of enhancement, and develop technical expertise to determine when a wetland has been enhanced. • The City's ordinance would need to be revised to reflect that mitigation of wetland impacts is based on acreage as well as function. • Anyone proposing enhancement actions on an existing wetland may be subject to local, state, and federal regulations regarding altering wetlands. Parametrix, Inc. 2i City of Renton - DR4FT 55-1779-07 November 3, 1993 drftmtigpin 11V v AJ wcu i j-c i rnnnl fr.i rt t o NIA 11U. cuo dod ooue r, 1 b/1 b 3.6.1.2 Option 2: The City does not modify the interim Wetland Management Ordinance to recognize enhancement. Advantaizes • The City would not necessarily need to modify the existing ordinance, define enhancement, or acquire expertise to determine when enhancement actions have been successful. Disadvantages • Minimizes opportunities for on-site mitigation actions that could potentially increase or improve upon wetland functions. • Existing wetlands on the mitigation banking sites could not be altered to increase their functional value. 3.6.2 Recommendation We recommend that the City consider modifying the existing Wetlands Management Ordinance to include enhancement action as a wetland mitigation option, for the following reasons: 1. PotentialIy, many developments would consider enhancement options either on-site or at the mitigation banking sites. 2. Actions could be taken on the mitigation banking sites to improve upon some of the existing wetland communities by either the City or private developers. 3. Enhancement provides an opportunity to fulfill some of the objectives and policies of the mitigation banking program, If the City agrees with this recommendation, the mitigation banking program could incorporate enhancement at a later date, modification of the ordinance would not necessarily need to occur before the mitigation banking program is adopted and implemented. Modification could occur when the City adopts final critical areas ordinances_according to schedules determined through the Growth Management Act (Due in 41994). However, modification of the ordinance prior to or concurrently with the mitigation banking program would provide an opportunity for the City to undertake enhancement actions concurrently with restoration of wetlands on the mitigation banking sites. This would result in a more integrated approach to establishing higher values and functions on the mitigation banking sites, and may result in long-term cost savings (versus independent on-site modifications after the uplands on the mitigation banking sites have been restored to wetlands). Parametrix, Inc. 26 City of Renton - DRAFT 55-1779-07 November 3, 1993 drftmag pin Sean S. Woodbury From: Ronald J. Straka To: Gregg A. Zimmerman; Linda C. Ferkingstad; Sean S. Woodbury Cc: Lynn A. Guttmann Subject: Wetland Mitigation Bank Adjacency ACOE meeting Date: Thursday, November 04, 1993 9:24AM Gregg Z., Scott W. I have scheduled a meeting with Gail Terzi and T.J. Stets to discuss the above referenced subject on 11/10/93 from 12:00 noon till 2:00 PM in the 5th floor conference room. This is the time that Gail T. preferred to meet since we have the Wetland Mitigation Bank Regulatory Agency meeting on 11/10/93 at 2:00 PM. I discussed the topic with her and she said that the ACOE has made the Determination already, they just have not notified us officially. She explained the justification for the determination, but it is still somewhat vague. I asked her if the ACOE will regulate all wetlands in the Renton Valley as Adjacent wetlands and she said that it would be handled on a case by case basis. However, when asked if the ACOE, in reviewing their past Nationwide#26 permit decision in the Valley, feels that those decisions were errors, she said no. The ACOE does support the project, but is concerned with the management (tracking and inventory) of the program, but has some guidance from Headquarters to provide us. My general feeling is that the isolated wetlands in the Valley will no be regulated as adjacent wetlands, but we will get a better feel for the ACOE position at the meeting. If you have any questions or need additional information, please contact me at X-5548. Thanks Ron Straka Page 1 THE CITY OF RENTON i DEPARTMENT OF i .•ti, „ PLANNING/BUILDING/PUBLIC WORKS FOURTH FLOOR { 200 MILL AVENUE SOUTH I " RENTON, WASHINGTON 98055-2189 • FAX: 235-2541 .. 1 FAX TRANSMITTAL DATE: // 3193 TO: (_ w &u^pm-pi FAX#: FROM: SC6 F Lj 60 P,6cjAl PHONE#: Z SUBJECT: 6t f6)6 t ?4 4 3 /i'►A#,,o - ,t c.�ih A 03 AGS.vui PUASi CALL. m O/ sLO5f_ Wc)L)L., yap g� ^t/ AiCA QL.L 1'0 mOss y /:� 7-/a ()XS_DA- /""vo 07_ykA-3 ro P/sC-o 3 J 5T A Number of pages excluding cover sheet: L I I/I.um</mi«/1=n X CO V IiR.UOC/I,h CITY OF RENTON COMMUNITY CENTER 1715 MAPLE VALLEY HIGHWAY,RENTON,WA 98055 WEEKLY RENTAL APPLICATION (Monday-Thursday) PLEASE PRINT Rental Request(circle one): Banquet Room Arts&Crafts A C Ans &Crafts B Kids Korner Rental Day(s): Wed kes` b"" Dates: It Timer to CC I n� Imo.,, � t/ Applicants) 't t "' Phone'(day) /� � (evening) Address: Street City Zip Type of Function(circle one): Social Meeting Banquet Other Estimated number of guests: adults minors Will alcohol be served? Yes L) No L] Will decorations be used? Yes L] No U Is yes,what type Caterers Name (if applicable): Phone: Will a fee be charged? Yes L] No U If yes, explain: Set up requirements: t. AGREEMENT: The undersigned hereby makes application to RENTON PARK DEPARTMENT for use of RENTON PARK facilities described above and certifies that the information given in the application is correct. The undersigned further states that he/she has the authority to make this application for the applicant and agrees that the applicant will observe all rules and regulations of the RENTON PARK BOARD. The applicant agrees to exercise the utmost care in the use of the PARK premises and property and to save the RENTON PARK DEPARTMENT harmless from all liability resulting from the use of said facilities and further agrees to use only those facilities indicated above. Applicant further agrees to read and abide by the Rules and Regulations. No alcohol is allowed for anyone under 21 years of age. Renters are responsible for anyone leaving the function under the influence of alcohol and/or drugs. The Renton Police Department will be called if any illegal situations occur on the premises. Applicant Signature —Date FOR OFFICE USE ONLY Rental Fee: $ Approved: Yes U No L] Damage Deposit $ Additional Fees: $ Insurance Fee: $ There is a$50.00 non-refundable cancellation fee for the banquet room Total Payment: $ Final Payment/Set-up Sheets Due: Staff Signature: Date: The Renton Parks&Recreation Department and/or its staff or personnel are not responsible for lost or stolen articles. White copy:Office;Yellow copy.Facilities;Pink copy Applicant CITY OF RENTON MEMORANDUM DATE: October 29, 1993 TO: David Saxon Mary Lynne Myer FROM: Scott Woodbury ` > SUBJECT: WETLAND MITIGATION BANK PLAN Attached for your files are copies of the following: • October 20, 1993 meeting attendence and listing of questions posed by participants. • October 21, 1993 meeting attendence and listing of questions/comments posed by participants. • Letter from Rhys A. Sterling dated October 21, 1993. • October 25, 1993 letter by Ron Straka inviting regulatory agencies to November 10, 1993 meeting with listing of recipients • October 25, 1993 letter to Parametrix from Scott Woodbury • Presentation material for October 20 and 21, 1993 meetings. • Agenda for October 20 and 21, 1993 meetings. • Notes from October 18, 1993 design team meeting with Parametrix. • October 26, 1993 letter from Gregg Zimmerman regarding ACOE adjacency issue. If you have any questions please call me at 277-5547. CITY OF RENTON MEMORANDUM �''�`'�3 v��,•. ,,,g DATE: October 28, 1993 TO: Kay Shoudy Mary Lynne Myer FROM: David Saxen SUBJECT: Wetland Ordinance Review and Wetland Mitigation Bank As most of the comments from staff indicate, the wetland ordinance is not presenting any real difficulties for developers or for the City. However, along with a few items which Mary Lynne mentions in her comments on the review of the ordinance, there are certain elements of the ordinance which may limit the full potential of the mitigation bank. Below I have summarized Mary Lynne's comments on the functioning of the ordinance to date, and then attempted to outline some of the issues related to the mitigation bank project. The consultant for the project, Parametrix, will likely give more detailed recommendations on potential changes in the ordinance. Comments: • The mitigation bank is a prime reason Category III wetlands in the valley are developable. If the bank does not function (isn't implemented?), a backlash against the ordinance could occur. (MLM) • If necessary, buffer requirements for wetlands in Shoreline Management areas could be reduced (SMP designation doubles the wetland buffer from the ordinance), but under no circumstances should SMP wetland buffers be less than those required under the wetland ordinance. (MLM) • The Category III definition which includes the phrase "altered by man" applies to almost every wetland in the City. This clause would demote many wetlands in the City to . Category III status. (MLM) • It is not clear whether the ordinance is supposed to apply to short and long plats. In some cases, the platting decisions can adversely affect a wetland. It may be appropriate to include plats in the ordinance's jurisdiction. (MLM) • The definition of "Mitigation Bank" in the ordinance is inconsistent with the definition used by most, if not all, of the state and federal resource and regulatory agencies, which is likely to lead to conflicts if the city needs to execute agreements with such agencies... There should be a clear distinction between mitigation banking, off-site mitigation (which is what the current definition alludes to), and fee-in-lieu mitigation. (DBS) • Under Allowed and Regulated Activities in wetlands and buffers (4-32-4.A), the wording of#11 implies to me that development without a feasible alternative location impacting Category I and II wetlands is prohibited outright. Is this true? Though development of Category I and II wetlands is discouraged by higher replacement ratios, I assume it is possible. This wording is a little misleading and confusing to me. (DBS) r I think this clause may be related to Mary Lynne's first comment. It seems to me that development can still occur on parcels with any category of regulated wetland provided there is enough room on site to perform the necessary mitigation and the project proponent can pay for such mitigation. Obviously, impacts to Category I wetlands are unlikely to be proposed due to the cost of mitigating at 6:1, but emergent Category II wetlands have the same ratio as Category III (1.5:1) making it conceivable that they could be impacted. Mitigation Bank Issues: Currently wetland enhancement is not recognized by the ordinance as an acceptable form of compensatory mitigation. The consultant, Parametrix, has suggested that allowing enhancement of the low quality wetlands on the mitigation bank site would be beneficial in a couple of ways. It would allow more credit to be established in the bank increasing the ,,,,,1,,,A,,number of potential users of the bank (increasing the capacity of the bank). It could also CGA „ -L17 result in a much higher quality ecosystem for the entire site and would help reduce the risk of nuisance species from the existing wetlands invading newly restored wetlands. • While the mitigation bank was initially intended to be used to compensate for impacts to Category III wetlands, the consultant pointed out that there is nothing in the ordinance specifically excluding at least some Category II wetlands from qualifying for the mitigation bank. This assumes that Category II and I can be impacted, as questioned before. • In the focus group meetings for the project, the development community emphasized that the fewer obstacles and requirements confronting them, the better (surprise!). One idea presented was to eliminate the mitigation sequence for Category III wetlands, which would make the process more predictable for developers. Since we expect Category III wetlands to be impacted (and mitigated on the mitigation sites), maybe this idea is not so unrealistic. Nevertheless, the appropriateness of this idea depends on what kind of mitigation program the City implements. In conclusion, with direction from the consultant the City is going to have to decide how the mitigation bank will work; whether the city will invest its own capital to create wetlands, then sell credits-to get back the investment (mitigation banking), or whether it will let developers use the site on a case by case basis (off-site mitigation), or whether it will use a combination of both concepts. After weighing the pros and cons of each, the City will need to decide which approach to take. Certain changes in the ordinance, upon which the consultant will soon elaborate, may benefit the mitigation approach that is deemed most appropriate for the City. For the sake of simplicity and consistency, it seems that revisions to the wetland ordinance related to the mitigation bank project should occur at the same time as the other needed revisions Mary Lynne mentioned. e CITY OF RENTON MEMORANDUM PNAME NCURRENCE Tl i:,1.L/DATE' DATE: October 26, 1993 TO: Lynn Guttmann a. Sue Carlson FROM: Gregg Zimmerman STAFF CONTACT: Ron Straka Scott Woodbury SUBJECT: ARMY CORPS OF ENGINEERS (ACOE) ADJACENCY DETERMINATION FOR WETLAND MITIGATION BANK WETLANDS AND OTHER VALLEY WETLANDS ISSUE: Securing assurances or an acceptable level of predictability that ACOE will not classify all remaining wetlands in the Renton Valley as adjacent. Obtaining an Army Corps of Engineers (ACOE) isolated determination for the wetland mitigation bank sites. RECOMMENDATION: Approve the following plan of action for resolving the above issues with ACOE: A. A meeting will be scheduled with Tom Mueller, Gail Terzi, and Bob Martin of ACOE to discuss ACOE adjacency determination criteria and what that criteria means to the mitigation bank and other valley wetland projects. Scott Woodbury will coordinate the meeting time and location with ACOE. I will attend the meeting and suggest that a consultant from the wetland mitigation bank project also attend. Scott will be contacting you regarding your schedule and if you feel other City representatives should attend. It is suggested that the number of City attendees be limited to no more than five, including the consultant. B. The wetland mitigation bank Consultant will prepare a summary paper for City review prior to the ACOE meeting defining why they believe the wetland mitigation bank site wetlands should not be considered adjacent. C. A City meeting will be held to review the above issues and to establish a strategy for discussing this topic with the ACOE. The issues listed above are shown in order of importance. Obtaining an isolated determination for the wetland mitigation bank sites is not nearly as important as assurance that ACOE will not classify all remaining wetlands in the Renton Valley as adjacent. D. Attend the ACOE meeting. September 21, 1993 Page 2 E. Hold a City meeting to discuss the conclusions reached at the meeting with the ACOE. Assess the effect on the wetland mitigation bank and other valley wetland projects and determine the appropriate response to the conclusions. F. Issue a letter to ACOE to document the conclusions reached at the meeting and indicating concurrence or exception with those conclusions. BACKGROUND: On September 14, 1993, Army Corps of Engineers (ACOE) staff, Gail Terzi and T.J. Stetts, made a site visit to the wetland mitigation bank sites for the purpose of completing the field portion of the ACOE jurisdiction and wetland adjacency determination. Adjacency determinations, currently made on the basis of unavailable ACOE "in-house guidance", increase the ACOE jurisdiction to any wetland, regardless of size, and require an ACOE 404 individual permit for any proposed wetland filling or excavation. It is unlikely that an adjacency determination for our bank sites would jeopardize restoration of the wetlands on the bank sites, given ACOE support for restoration projects. However, it may set an undesirable precedent for other wetlands in the valley, which could impact the City's economic future. It is also possible that restoration of the mitigation bank sites would not be realized because adjacency determinations may limit the number of qualified users of the bank. It is therefore in the interest of the City and the mitigation bank project to obtain an isolated determination for the bank sites, or at least determine if the ACOE will classify all remaining wetlands in the Renton Valley as adjacent. It is important to gain an understanding of what the ACOE determination criteria is in order to have some predictability that other wetlands in the Black River Basin may also be considered isolated by the ACOE. Without that predictability the City should reconsider its mitigation bank program because of the risk associated with construction of a mitigation bank for which there may be no demand. In an exchange of phone messages with Mary Lynne Myer, Tom Mueller indicated that he would support an adjacency determination if made by his staff. Gail Terzi has since notified Scott Woodbury that she had completed her field memorandum giving the bank site wetlands adjacency status, and that the memorandum has been approved by the ACOE technical committee. Gail has agreed to give the City the opportunity to arrange a meeting to discuss the determination before issuing a formal decision letter. If you have any questions please contact Scott Woodbury at X-5547 or Ron Straka at X-5548. CITY OF RENTON MEMORANDUM DATE: October 21, 1993 TO: Scott Woodbury FROM:// rk R. Pywell, AICP SUBJECT: Wetland Mitigation Bank Permit Requirements The way that the Mining, Excavation, and Grading Ordinance is currently worded a Special Permit for fill and grading would be required for the work conducted in the Wetland Mitigation Bank area. Either the City could apply for a permit for all of the work to be done or as each part of the bank area is worked on a new permit would be required. It would be easier and quicker if we can identify all of the work that will be required up front for the City to apply for a single permit. However, this would require us to be able to identify where the work would occur, how much fill would be removed or added, truck routes, etc. If this can be done, then individual grading licenses could be issued for each section (contractor/project) rather quickly. I believe this is the best way to proceed. The only other way would be to amend the Mining, Excavation, and Grading Ordinance so that a Special Permit would not be required. I believe this is the less preferable way for us to proceed. First, it would probably take several months to get the amended language prepared and then it would need to be adopted by the City Council through the public hearing process. If the Ordinance is amended, each project in the wetlands would still require a grading licenses. Each applicant would need to answer the same questions as listed in the paragraph above. In the long run I do not believe that this would save time of make it easier for a developer to work in the wetland bank area. Land Clearing and Tree Cutting Permits are issued by the Development Planning Section. These permits can generally be issued within 7 days of the application being submitted to the City. Document5 CITY OF RENTON MEMORANDUM DATE: October 13, 1993 TO: Scott Woodbury FROM: q0ifrk R. Pywell, AICP SUBJECT: Wetlands Mitigation Bank I lost the memo which gave the dates by which you wanted these documents reviewed. I did not have many comments but I hope they will help you. DocumenW CITY OF RENTON MEMORANDUM DATE: October 8, 1993 TO: Ron Straka Mary Lynne Myer David Saxon Mark Pywell Leslie Betlach FROM: Scott Woodbury Sw SUBJECT: WETLAND MITIGATION BANK PLAN PRELIMINARY DRAFT PRODUCTS FROM TASKS 1B AND 1C Please find attached copies of the following preliminary draft documents for your review and comment. • Transmittal cover letter from Parametrix (PMX). October 6, 1993. Goals and objectives for the wetland mitigation bank program Policy issues Eligibility requirements • Regulatory requirements The conditions assessment document noted in the cover letter will be distributed by October 12. Please submit your comments to me by October 15 at 5pm. I have scheduled a meeting with PMX for October 18 at 1 pm to go over the documents and to discuss the October 20 public meeting scheduled for 7-9pm. You are invited to attend both meetings. I will notify you of the location of both meetings and distribute agenda next week. If you have any questions please call me at X-5547. CITY OF RENTON MEMORANDUM DATE: August 5, 1993 TO: John Thompson, Maintenance Services Supervisor John Stein, Street Maintenance Manager FROM: Scott Woodbury (X-5547)Sui SUBJECT: WETLAND MITIGATION BANK PLAN BACKHOE SERVICES Thank you for scheduling the equipment and personell to excavate test pits for the Wetland Mitigation Bank Plan project. I and our consultants sincerely appreciated the opportunity to study the soil profile characteristics and collect the information necessary to facilitate a successful wetland creation design. Please tell Smitty and Brian thank you for their assistance. Hiring a consultant to perform the excavations would have been much more expensive and the savings to our project budget is appreciated. Thank you again for your help. I look forward to working with you in the future. CITY OF RENTON MEMORANDUM DATE: June 17, 1993 TO: Mary Lynne Myer David Saxon Ron Straka Mark Pywell FROM: Scott Woodbury ,--. . ; SUBJECT: WETLAND MITIGATION BANK - PARAMETRIX JUNE 17, 1993 REVISED WORK PLAN I have attached the above proposal for your review. Please submit your comments to me by Monday afternoon, June 21, at the latest. I need to send comments to Parametrix by Tuesday noon, June 22, for their edit into a final plan and resubmittal on Thursday, June 24. On June 24, 1 will attach the final work plan to an issue paper and agenda bill for submittal to the council process. I have also attached your comments to the first draft. You can throw the comments to the first draft away when you are finished with them. Thank you. If you have any questions please call me at X-5547. MEMO.DOT/LLH City of Renton Community Services Parks & Recreation Administration MEMORANDUM D DATE: May 18, 1993 MA V 18 1993 3 TO: Scott Woodbury Fng n Qr 8evroN g Dept. FROM: Leslie Betlach SUBJECT: Parametrix Request Enclosed are the documents requested by Parametrix in item 9 of their May 14, 1993 letter: 1. Trails Master Plan 2. Comprehensive Park Recreation and Open Space Plan 3. Environmental Impact Statement If I can be of further assistance please let me know. LB/dlf Enclosure cc: Sam Chastain Vince Lee 93-93-206df THE CITY OF RENTON DEPARTMENT OF PLANNING/BUILDING/PUBLIC WORKS FOURTH FLOOR 200 MILL AVENUE SOUTH I "" RENTON, WASHINGTON 98055-2189 FAX: 235-2541 I g l FAX TRANSMITTAL DATE: S' 17 - 53 TO: tla 3(14 f3,;r C^&0 FAX#: Z-77 — 552-3 FROM: 5 c a fi wOd06(JA PHONE#: 27 7 55`/7 SUBJECT: Ly ,I / r�k l�lluJk ON 7-,ije lTAC446D PAGE , lF you Get)" PkWOC /T y Noa,v nay Z)i /If.3 IT wdut^0 ek pip"ClArf-19 A5fz- GALL UK/a,�j. Number of pages excluding cover sheet: I I/I >nn./ntizc/f,\XC<)V I[R.nOC/hh MAY-07-193 FRI 13:53 ID:U WASH ARCH & URDP TEL N0:206 543 2463 #379 P01 --- It I Z;��->r.7 _ z5. 1 AfV4 L, -7 c a-rY u^qr- �N-ra4 TO : scorn wrVPW" , 'D�' vl&- . t)rlurr Cc ; MACF-q l.YKJ aJt, mj!-, i?0 13T� .Y� twos i sPor. j,-- L4]Tu A Qt1 i1��JS , ON& Mr-- A OA ,4, RT- -fOwfE '4-7--MD2) ) ktjSo 1 Wl U, OF arh- aF JW oFIFIc ry hw Cr 06,x r V-tw � �10 -- 14v. . A voki 0 , CAIL- ! F -nacre �F A 7 �S1�or•15 1 CA-Q /4Qs5)i. �Nir,� MAY-07-'93 FRI 13:54 ID:U WASH ARCH & UREP TEL N0:206 543 2463 9379 P02 . 2 s 'Ib ubR� u�Rit '� zDr+��►JPsS ? M"T imp u • x L9U^rr-f dF FPvPJcM-j 11&I4TkAe9S OF 9.Lpp- ?,Vjy PPCBtEw g V 7qJ1f oME;?- per,,!fy MIiG6 PYl.4--O ) r-fA "cbT 0 Mc ilz ��� P-swcD g4Itj bS AS To" CAh n ev ti M fx ► DffK4)j-'r DFJtJF3 CWAXP)VRz 1 P�Vr CF T d)rm G � - t. NM-J5 +(OVA TO Pt�r KVP- A m nn ten o J pR� 41ILLe11- v,fOfFr , MO}4L,Trro , W^ 44V A &WOD ;;-xtV4zj EIJe W 1' THE ' &K;m e gyp, µ TeKr-Y �XC�-E��u A'�R'e►"'tsTR..Y , +r•T �tA►TFc.) pe^-L FLtEKt a4-r-- W irR C-�-I�b-�(9ESl e� 67P^� ,f M cjG&J24 Vr A LJW L* TO WVV,< OL 1r OE MIT S — --ro Ml t r{ 15ILI.L4(p t� �J►JTlr�(9 �cGBpc)Q ,. 4Lt�,D 'Ta Cow �.1 SYj.lG�-; uj p-k MAY-07—'93 FRI 13:54 ID:U WASH ARCH & URDP TEL N0:206 543 2463 #379 P03 fto*mf c> lr�5Fbw I , S)-lPVvfuc-Nk cx7 • p+5uc MI5 It¢+cen J�w� �f �ItcR� l�cl.4"T7t�- THIS DID 1a,1q,✓,, . 11�$q P-MpolJ51dE "a>� -to c�a�re�•�S �vHr . �ov+�GtS � tab' ► EFaEv �4 Wt*86p- Gf rIME3 �- 4 W4V Ave;' 4 K,m c G •J • iT V FPAVel?, T�*4M MIT' •O?I, ------------- ' (,Oc1l.DtJ'r' t�wE '�. 7�"'�`BTU i..1� ►��o rR��`l . W"T A S�t ((�c + *t,Dl' VP CPAJPJV'1 c-J9 Wu,44 PL^%4 Ems. A%., BILO vo,,E 1►4 TUB op INV ppeJ M. CAW.�C,� GOJ+J?I&4 S) " c m K-e + �m OWE- Je" "OeWASL-L- T"- 'ice fpcjD' --T.. • S,.{� NVrVE Off- �Ect MRY-07-193 FRI 13:55 ID:U WASH ARCH & URBP TEL N0:206 543 2463 #379 PO4 mep WHO l t-UPT IMMr &65, u riff r lwT IsE Wok" cc,�J7�tc.T1� . 5o I DrDN'r S�s _ T� CITY OF RENTON MEMORANDUM DATE: April 26, 1993 TO: Mary Lynne Myer FROM: Scott Woodbury SUBJECT: Department of Wildlife (DOW) Comment on Wetland Mitigation Attached is a letter from DOW with a list of comments on the Preliminary Draft of the Black River Water Quality Management Plan (BRWQMP). Please notice the second paragraph from the bottom of page 2 regarding use of filled wetlands for mitigation. I have attached and highlighted the paragraph in the BRWQMP about which the comment was made. I have also lined out the sentences which were subsequently deleted from the text of the BRWQMP. I thought you might be interested in what Philip Schneider at DOW thinks about using filled wetlands for mitigation. Hopefully this is not the official position of DOW. Also attached for your information is a copy of an announcement from METRO regarding an upcoming seminar. CITY OF RENTON MEMORANDUM DATE: April 4<, 1993 11,[ TO: Ron Straka, Surface Water Scott Woodbury, Surface Water Mary Lynne Myer, Long Range Planning Mark Pywell, Development Services Leslie Betlach, Parks Bob , Transportation �C1�%Y,.12 FROM: David Saxen, Long Range Planning, ext. 2475blis SUBJECT: Wetland Mitigation Bank consultant selection: Design Team meeting and consultant interviews. The City received 12 consultant proposals for the wetland mitigation bank plan. Long Range Planning and Surface Water Utility have decided to interview 6 of these firms. We hope to interview the selected firms on Monday, May 3, beginning at 8:30 AM and ending around 3:00 PM with a break for lunch. The next possible date is Monday, May 10. Later possibilities are May 13 or May 14. Prior to conducting the interviews, the Design Team will meet to review the proposals of the finalists, discuss the interview process, review questions, etc. This meeting is scheduled for 3:30 PM, Wednesday, April 21 , in the first floor conference room. If you have any questions, please call David Saxen, Long Range Planning, ext. 2475. ._...._..... ..... __ _ _.__ .___ _ _._....___ _ _ _ . _.....__ .._......_____.._. __....._ ..._ _ _._._.._____.__._� _-_-�''' -_ . ►�!'�__.!''► � ..___._ _.__..____ ._.._.____.__.._. ...... .............. ......_..... ...................__........._.....10) T . _ .._.._ _.._..____._._..__._..___..__... _..____._._..__ ___ _._ _.- _ _ _ ......_.......... Lo o. : .__ . ___ ,; _..... i ._...___-.._._._. i� _._. _-._.--.-._._._.__._._._.._ i iy li ii I li Ij �j i� _.-._.-._.._..._.._._._..___..._._._.___.._._ -._.._.__...-.__..._..__._ ._._.._...�..._.._.-_...-._. 74 If. 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Avt0..._..._._ 'C-r_.....__ ..._.......... _lrE�tvlEw...__._...___.._..__.._..__..._. 06 ____<-0 _L _ � -__ o.._.�!✓T�i4riFr _._.6ccl�s�_� G____.____._.____ N"Gvuod- —CA-7-i —n"r w _.__—_.G�S ^1� wnnT___��4r-��/1 G���j''c,? �� _•fi bE,rC,�,�1 O/ w�•�(� !I f) i; I i i Ij Ij jl f li i� fj Ij i' If CITY OF RENTON MEMORANDUM DATE: April 5, 1993 TO: Ron Straka Scott Woodbury Mary Lynne Myer FROM: David Saxen SUBJECT: Review criteria for consultant proposals for the mitigation bank. Review of Proposals Consultant SOO's for the mitigation bank project are due April 5th, after which we can begin reviewing the proposals. We will meet at 2:00 PM on April 7 in the third floor library for one hour+ (?) to discuss the criteria to be used in reviewing proposals and to work out the next steps of the selection process. We should establish a short-list with a maximum of 4 consultants no later than Friday, April We should be receiving 2 copies of each proposal. The proposals will be divided up between Long Range and Surface Water to review. Based on the general criteria outlined, we will rank each proposal, then compare our prioritized lists and come to a consensus on which consultants to short-list. Wetland Creation Wetland creation and restoration is part science and part art incorporating a number of different professional disciplines. It is a relatively new endeavor, therefore it lacks a well established methodology. Little professional training for wetland creation is available. Most knowledge about wetland creation and restoration has come from trial and error in the field. To date, the errors have been many, though inadequate funding and lack of enforcement of mitigation requirements account for many of the failures. The limited understanding of wetland creation makes the criteria for selecting a consultant somewhat arbitrary. Past experience and demonstrated success in wetland creation are obviously important qualifications to note. The selection criteria are tentatively prioritized below. Prioritized Selection Criteria 1 . Past wetland creation/restoration project experience and success; experience and knowledge of individual team members in each element of wetland creation/restoration (hydrology, soils, wetland vegetation). For past mitigation projects: How big were the projects? How complex? Budget size? Regulatory agency involvement? J,J, 2. Experience with wetland mitigation banking. Not many consultants will have direct experience implementing mitigation banking programs. A few will have written papers on different approaches to mitigation banking. 2 , 3. Designated approach to the project and proposed scope. Organization and 3 2 thoroughness of proposed scope. 4. History of performance and, if applicable, quality of work performed for the City on past projects. �G 5. Experience coordinating with regulatory agencies. WALL 81 04"ot im-ArF.D /N Ifroti'f of PERFo�w�,a�vFi Ck'-YP�R��cG) 3- 6. Approach to project management. 7FArr• /►tiCMR61C r�cyiwtcgc /n,a,�ec,Es�ENr— Yk/CL is 7. Familiarity with site and basin. Familiarity with the City. Has the consultant done work in the Green River Valley, or in a similar landscape? �1 8. Affirmative action and minority business usage. S Consultant's demonstrated enthusiasm about project/ N-0hSAu OVAI-iry S 10. Firm's availability. 5 (0 1 1 . Office location. S 12. Other? These are tentative selection criteria. We can decide whether any of these criteria should be prioritized differently at the meeting on Wednesday. I obviously feel that the first items on the list should be given the most weight in the selection. I am a little less certain about the order of the less important criteria. Ultimately, selection will be based on the whole package. For the interview process, we will use a matrix to rate each of the finalists for the project. Attached are a few potential interview questions. Please review these and feel free to offer others. CITY OF RENTON Wetland Mitigation Bank Interview Questions 1 . What do you think are the most critical elements in wetland creation/restoration? What do you see as the most vital tasks in this project? 2. What was your largest mitigation project? How successful was this project? What were the major limitations? 3. What would you say are the main reasons mitigation projects don't meet their goals? 4. What is your experience in mitigation banking? What are some of the different approaches to wetland "mitigation banking"? What are the opportunities and limitations of each of these approaches? 5. What are your firm's greatest assets? : ? 6. What are the current limitations on implementation of mitigation banks? How could implementation of wetland mitigation banks be improved and made more successful? C7) Given a very limited budget, what aspects of the site analysis (conditions assessment) would you consider to be absolutely necessary? What could be left out? What do you think the chances for success of this particular project are? 8. Describe the most complicated mitigation project your firm has attempted? Describe how you resolved the complexities. '--/ Z , 9. What is your experience dealing with regulatory agencies? How would you approach regulatory agency coordination? IAAr" P7,*1�-W-r+" lw'- P"J&.r 1'^Y*- Now t. Ll_ yob ^19 tt,s^cAt <7-2 w/w-,C, S 7)36- MF}JbL Addy PLA9P-S. 10. What problems would you expect to encounter in a project of this nature? (Inadequate budget?). 1 1 . eet-+a-w h+c k�-Ye ka-f e n t-�ade 1 2. How did you learn to do wetland creation and restoration? ',V^ To S gl 13. What is your experiori-ce working-with citi*es�--Mav ? W4t-h the City of Renton'?"' z;*P -ArN r}ow you `61[. YaLik P(t6po-S 0 S'C,0P6 MFff5 rho P/La IE�a C"3JFcT/v�$, W44AT ,R L?J/t.,VArl✓,ES D,O yOu Cdr)S'1►0,1;4L ✓ 9;�, z P T or YOUR 'X001f_ 14.vo L-OY a/0 yw mA1Cft 7-4+4 Sf 4Cii '1uU o/p? iS. D�SCR-1$C 7,0f 6)UAL aF yoUR leVWVroUAL ,ENO 00 TIMIt wtt 1, con.?R�gv/lz ro 74jf 7�C',af+.�� YOU s Hly 0 g k S¢t-� o Ldrt T10►r f Jk��-. pnwxCT :rrrcIGlc Qv 4�.ow$ CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: March 31, 1993 TO: David Saxen Utility Systems FROM: Cindy Anderson Deputy City Clerk SUBJECT: Legal Publication, Daily Journal of Commerce Attached is the billing for the statement of qualifications for the wetland mitigation project published in the Daily Journal of Commerce which is forwarded to you for payment. If you have any questions, please call me at ext. 2604. Thank you. enc. STATE OF WASHINGTON - KING COUNTY 2/901 —ss. City of Pent.ori City of Renton No. `'OO` CONSUL 1 A Wetland Mitigation Project' Affidavit of Publication Submittal Date,April 5 CITY OF RENTON NOTICE TO CONSULTANTS FOR STATEMENT OF The undersigned, on oath states that he is an QUALIFICATIONS authorized representative of The Daily Journal of Commerce, a The City of Renblic Works Plan- daily newspaper, which newspaper is a le al newspaper of general Plan- ning/Building/Public Works De- Yg partment is soliciting State- circulation and it is now and has been for more than six months mentconsultant of Qualifications from a prior to the date of publication hereinafter referred to published in consultant or team of consult- P P > ants which can provide ex the English language continuously as a daily newspaper in Seattle, pertise in all of the following areas for a wetland mitigation King County, Washington, and it is now and during all of said time pproject in the Renton Valley In- was printed in an office maintained at the aforesaid place of duatrial Park: A.Wetland Analysis publication of this newspaper. The Daily Journal of Commerce B. Wetland Mitigation/Miti- was on the 12th day of June, 1941, approved as a legal newspaper gation Banking C. Wetland Creation/Resto- by the Superior Court of King County. ration D. Fish and Wildlife Habi- tat The notice in the exact form annexed, was published in regular E.Soils Engineering issues of The Dail Journal of Commerce, which was regularly F.Hydrologgyy Y g y G. Survey/Mapping distributed to its subscribers during the below stated period. The H. Community/Regulatory' Agenvyy Involvement. annexed notice, a The PlanningBuilding/Public Works Department of Renton is seeking a consultant or team of C/N W l L N D .M I l I G A l I O N consultants to provide services entailing the establishment of a wetland mitigation program and was published on the design of large freshwater wetlands.' Major elements of the:project 03/22/93 0 3/29/93 include, but are not limited to:I 1) analysis-of,existing•and'his- toric. wetlands and uplands; 2) site survey;'3)`settingg goals and objectives;4)establishment of aI mitigation program;5)coordina tion with and understanding of The amount of the fee charged for the foregoing publication is an existing flood control project; 6) master plan; 7)ggrrading plan; the sum of$ , which amount has been paid in full. 8) planting plan; 9) monitoring / and maintenance plan; 10) con- tingency plan;and 11)coordina- tion with Federal, State, City and other local agencies. Subscribed and sworn to before me on If your firm wishes to submit 0".3/219/`a_3 a Statement of, Qualifications,' please request a project in- formation packet from the Sur- face Water Utility Section of the Planning/Building/Public Works Department, Renton Municipal Notary Public for the State of Washington, Building, 200 Mill Avenue residing in Seattle South, Renton, Washington 98055, at (206) 235-2631. In- formation packets may also be picked up in person at the 4th floor information counter in the Municipal Building. Deadline: Statements of Qualifications are to be directed to the Surface Water Utility Section no later than April 5, 1993, at the address listed above. Questions are to be directed to David Saxen at(206) 277-2475 on Monday and Wed- nesday afternoons, or all day Friday. Dates of publication in the Se- attle Daily Journal of Com•, merce,March 22 and 29, 1993. 3/29(27901) CITY OF RENTON MAR 19 1993 MEMORANDUM CITY OF RENTON Engineering Dept, DATE: March 17, 1993 TO: Sam Chastain, Parks Gregg Zimmerman, Utilities Division Jim Hanson, Development Services Mel Wilson, Transportation Kay Shoudy,�" Range Planning FROM: Lynn Guttma i STAFF CONTACT: David Saxen� ng Range Planning, x-2475, MWF SUBJECT: Wetland Mitigation Bank Interdepartmental Design Team and Agreement. The City is establishing a wetland mitigation banking program in the Valley (Black River drainage basin) and is in the process of selecting an environmental consultant to create a wetland mitigation plan, which will consist of a protocol for running the mitigation program and a physical plan for wetland construction on the two sites. An Interdepartmental Design Team will be formed to assist in the consultant selection process, provide input for the City's project manager, and review the consultant's products. The Design Team will meet periodically throughout the planning process to accomplish these tasks. The Design Team will consist of representatives from each department with an interest in the project including Parks, Surface Water, Development Services, Transportation, and Long Range Planning. One representative from each department should be designated to participate on the Team. The first task of the Design Team will be to approve the RFP and assist in selection of the consultant. A meeting to accomplish these preliminary tasks will be scheduled within the next two weeks at which time each department's representative should be designated. Please inform David Saxen of the staff member designated to participate on the Design Team by March 24. cc: Larry Warren