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From: Daniel Carey To: Larry Fisher Date: 05/22/2008 9:09:21 AM Subject: Re: Maplewood Sediment Basin - Notes on Creek Work OK, I'll add the fines to the detail and bid item specifications. Thanks for your help, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 05/22/08 7:26 AM >>> Thanks Dan, Good work on that. I propose we add to the larger material spec: "unwashed, up to 10% incidental fines" to help prevent subsurface flow. Otherwise, it appears we are good to go for this year. If this works, we should consider it successful adaptive management at a site with some challenges. I appreciate your efforts to bring this together. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <Dcarey(d_)_ci.renton.wa.us> 05/21/08 4:39 PM >>> Hi Larry, Attached is a pdf with my cleaned up sketch of the areas we looked at doing work on yesterday. The notes are also below: L1 - Location 1: Move large boulders so they are back next to the east bank if possible, and/or add new large boulders (about 1.5' x 2') to fill in area next to bank. Add large gravel to creek bed, about 8 - 12 foot length, to raise the bottom up so the upstream drop is not so high. Large gravel size will be increased to about 12"-9" 30%, 9"-6"40%, 6"-3" 30%. L2: Fill this section with large gravel to bring up creek bed. L3: North of bridge, add some large gravel to bed to restore creek bed to previous level. M1: South of bridge, remove accumulated grass and sediment along east bank that narrows channel. May need to add large gravel to help restore bottom. M2: Concern with water undermining rock wall on west bank. Add 3 large rocks (appx 2' x S) at base of wall to direct water flow back to center, add roughness on that side. LR2 (lower section): Add small spawning gravel to replace gravel that washed away. LR1: Add small gravel from lower log drop upstream to edge of pool to raise water level so the upstream jump is not so high. I'll also show a couple other areas on the plans where we may want to add large or small gravel so we have enough in the bid. I can then direct the contractor in the field to add gravel where needed. Let me know if you have comments or changes. Thanks, Daniel s-ZZ-o oA From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <Dcarey@ci.renton.wa.us> Date: 05/22/2008 7:27:21 AM Subject: Re: Maplewood Sediment Basin - Notes on Creek Work Thanks Dan, Good work on that. I propose we add to the larger material spec: "unwashed, up to 10% incidental fines"to help prevent subsurface flow. Otherwise, it appears we are good to go for this year. If this works, we should consider it successful adaptive management at a site with some challenges. I appreciate your efforts to bring this together. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 05/21/08 4:39 PM >>> Hi Larry, Attached is a pdf with my cleaned up sketch of the areas we looked at doing work on yesterday. The notes are also below: L1 - Location 1: Move large boulders so they are back next to the east bank if possible, and/or add new large boulders (about 1.5' x 2') to fill in area next to bank. Add large gravel to creek bed, about 8 - 12 foot length, to raise the bottom up so the upstream drop is not so high. Large gravel size will be increased to about 12"-9" 30%, 9"-6"40%, 6"-3" 30%. L2: Fill this section with large gravel to bring up creek bed. L3: North of bridge, add some large gravel to bed to restore creek bed to previous level. M1: South of bridge, remove accumulated grass and sediment along east bank that narrows channel. May need to add large gravel to help restore bottom. M2: Concern with water undermining rock wall on west bank. Add 3 large rocks (appx 2' x T) at base of wall to direct water flow back to center, add roughness on that side. LR2 (lower section): Add small spawning gravel to replace gravel that washed away. LR1: Add small gravel from lower log drop upstream to edge of pool to raise water level so the upstream jump is not so high. I'll also show a couple other areas on the plans where we may want to add large or small gravel so we have enough in the bid. I can then direct the contractor in the field to add gravel where needed. Let me know if you have comments or changes. Thanks, Daniel Y.zi.og From: Daniel Carey To: LARRY FISHER Date: 05/21/2008 4:39:01 PM Subject: Maplewood Sediment Basin - Notes on Creek Work Hi Larry, Attached is a pdf with my cleaned up sketch of the areas we looked at doing work on yesterday. The notes are also below: L1 - Location 1: Move large boulders so they are back next to the east bank if possible, and/or add new large boulders (about 1.5' x 2') to fill in area next to bank. Add large gravel to creek bed, about 8 - 12 foot length, to raise the bottom up so the upstream drop is not so high. Large gravel size will be increased to about 12"-9" 30%, 9"-6"40%, 6"-3" 30%. 1-2: Fill this section with large gravel to bring up creek bed. 1-3: North of bridge, add some large gravel to bed to restore creek bed to previous level. M1: South of bridge, remove accumulated grass and sediment along east bank that narrows channel. May need to add large gravel to help restore bottom. M2: Concern with water undermining rock wall on west bank. Add 3 large rocks (appx 2' x 3') at base of wall to direct water flow back to center, add roughness on that side. LR2 (lower section): Add small spawning gravel to replace gravel that washed away. LR1: Add small gravel from lower log drop upstream to edge of pool to raise water level so the upstream jump is not so high. I'll also show a couple other areas on the plans where we may want to add large or small gravel so we have enough in the bid. I can then direct the contractor in the field to add gravel where needed. Let me know if you have comments or changes. Thanks, Daniel — G�10 TRUCK 0 / EX. BYP INLET AND VA IN NST L MP R BYPASS UCTURE C EK NE ION IZ AS CREEK TO 18' PE MP RARY) R 0 A ROX 1 t 3 FEET SEDIMENT 0 B EEN ROC WEIRS / EE E GRADE FOR PPROX D SEE BARE EAS OUND IN LO ATIO S R C ING APPRO CAUTION C LINER EX. 1 BYPAS PIPE APPROX TION i AC ESS RO ' SEDIME BASIN ! FlSHW 0 ' e. REMOVE APPROX 4 TO15 ET OF' ACCUM TED S DIMENT` i SEE E GRAD PLAN A. FISH ER a � l Mc OND FLOW PILLWAY f 9 6.5 GRAVEL sol o ar i j LIMITS FOR PARKING LOT USE \ / BY CONTRACTOR \ \ I J MAPL 0 D REEK PARKING i .6 -- LOT G b�i � �►`` GRAVEL LACEMENT SE DETAIL 1 h � r / O f Add �a�L GrF),81TH TEE 1 � / McCARlY -- - - j J SEE DEEM 1 �j PROPERTY MA �OuY.; GRAVEL PLACEM NT ', u r H v w L��t SINGLE DUMP TRUCK ONLY ACROSS BRIDGE,' Lta�i CpR1 PF1H NO TRAILERS �• 3 -��d 5o t �U�,r(y� _- SEDIMENT BASIN CLEANING DRAWING N°ki Fij .- -Zo-vB 2008 Cleanin AS NOTED^ /sa CITY OF 5/8/08 oc MAPLEWOOD CREEK SEDIMENT BASIN REN TON oc ^TUM 2008 CLEANING&MAINTENANCE PROJECT w_ D oc � I .o.—i - Planning/Building/Public Works Dept SEDIMENT BASIN AND FLOW SPUTTER 1 BY z 3 D - 2057 0 77 97.% y ; / x N 9 0 a o �°! / j 18TH TEE u"w( / McCARTY --� >� GRAVEL PLACEM NT l' PROPERTY / Soalc 1 ILch ' 40 t SEE DETAI 1 I. SINGLE DUMP TRUCK 0 CARj pA1H + NO TRAILERS / T�HUN E 18TH TEE �� 4 88.2 rA FLOW SPLI ER S R CTURE ACCESS TO CREEK / \ FROM WEST SIDE ONLY UGRAVEL PLACEMENT / �O SEE DETAIL 2 x c -- REMOVE SEDIMEN _ FROM FLOW SPU Ty Z tv� SEE DETAIL 3 M GRAVEL PLACEMENT G C<4mu SEE DETAIL 2 O u� CyR V 12TH eu�l b•�k k r���r^c TpgTy ��v� GREEN 4 AJ 3 3 — 2'r31 GRAVEL PLACEMENT �� (oi 1, SEE DETAIL 2 - u�qq 84.0 +x+4$ l�v� u �dlc �v �+�✓4r+ 74.3 77.7 r°P Q HIGH FLOW �IUM III 3 I CHANNEL (DRY) x Lll—� Q 0 1 C lt.nrt GRAVEL PLACEMENT SEE DETAIL 2 /X J3.2 '`' f!�' I�oDI r �yGy � LR•2 N� AIRWAY CROSSING 73.3 7 x � i 74.6 �" POND j O i. FLOW SPUTTER CLEANING AND CHANNEL WORK DRAWING NOTES 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. 3. DEBRIS AND BRUSH REMOVAL LOCATIONS MAY BE ADJUSTED BY THE CITY. 4. GRAVEL PLACEMENT LOCATIONS AND AMOUNTS MAY BE ADJUSTED BY THE CITY. RECOMMENDED FOR APPROVAL By Daniel Carey X/X/08 aawa PLm fore In BY OIND A WN/fA a R 1/r'>D ap N0. REVISION BY DATE t In 97.� � 1 ;q o - OS . �F=i / i S - 2- r 9 N p mil / A, I _ 3 l IL i 8TH TEE "( MCCARTY —'— 1 C��h h L' )VO Ln GRAVEL PLACEM NT �� PROPERTY / SEE 90a1c 1 Looh 10 DETAI 1 %/%r / �.✓ F SINGLE DUMP TRUCK O \ CPRT PP1H NO TRAILERS /v L�Itr F.� r / AND INLET / INST 18TH TEE 4 / / FO C EK bfVE ION x 88.2 J11iz µ ASS CREEK TO 18" PE MP RARY) FLOW SPLI ER S R CTURE ' ACCESS TO CREEK R 0 A ROX 1 t 3 FEET SEDIMENT nFROM WEST SIDE ONLY i f-.r' F 0 B EEN ROC WEIRS U GRAVEL PLACEMENT i EE E GRADE FOR PPROX D SEE BARE EAS OUND IN ; LO T10 S SEE DETAIL 2 x "Po AFT R C ING APPRO R CAUTION C LINER REMOVE SEDIMEN FROM FLOW SPU - - EX. 1 81PAS PIPE ; APPROX 1TON / SEE DETAIL 3 (Q AC ESS RO GRAVEL PLACEMENT �� M' /•' 1 SEDIME BASIN SEE DETAIL 2 ?� mOJL Q C[4mu i i REMOVE APPROX 4 TO 5 ET OF �� f/d_}�rm FISH W OUTL ACCUM D S DIME GREEN e w! b..k 4-o rt,Jfe4 \ " 'S :' S TE EE BA E GRAD PLAN ti A• . n GRAVEL PLACEMENT 3y�� J SEE «' 84.0 FISH ER 74.3 77.7 0� > ! HIGH FLOW b", � d...++ r ! O " CHANNEL (DRY) FI J.-�'' r' ' d la - Mc OND Ul-� ; o f c b.��c GRAVEL PLACEMENT �e ( ERFLOW SEE DETAIL 2 \ PILLWAY 96.5 GRAVEL\ PLACEMENT / i- __ li d J.�ai�l f✓bn� �Jwlr �r►e SE \DETAIL 1 / +r I / 3.2 nDol r J��lu� LIMITS FOR PARKING LOT USE \ � BY CONTRACTOR \\ y�'2� �� I I R•2 AJ� 5k- II jr,xx I G� I1 PARKING MAPL�WOI D REEK F:ry rvo "`J � i 80.1 Seem 77.6 LOT 4t LI ("-*; r' AIRWAY CROSSING 7 x \ �-z 73.3 % r GRAVEL LACEMENT SE DETAIL AIL1 �• '�. 1 � 41. \ 74.6 �� POND /1 br,`t ,of�If+. newi�•� �o Ail lo�c 5r,)PH TEE or ( McCARTY - `` GRAVE PROPERTY / �1tn L PLACEM NT DETAI 1 of Cr a w 13`IZ{t 3! .� f SINGLE DUMP TRUCK ONLY ACROSS BRIDGE.,- FLOW SPUTTER CLEANING AND CHANNEL WORK DRAWING NO TRAILERS NOTES 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. 3 -Ajd .5Jr., /rvd SEDIMENT BASIN CLEANING DRAWING N'41 Flak.- 3. DEBRIS AND BRUSH REMOVAL LOCATIONS MAY BE ADJUSTED BY THE CITY. 4. GRAVEL PLACEMENT LOCATIONS AND AMOUNTS MAY BE ADJUSTED BY THE CITY. JG 4 t•20�DB 2008 Cleanin RECOMMENDED • � AS NOTED M°®10r'•i01��" A CITY OF 5/8/08 o FOR APPROVAL c MAPLEWOOD CREEK SEDIMENT BASIN BY Daniel Calroy XX/X�� a.. _� REN TON 2008 CLEANING&MAINTENANCE PROJECT ,^ A M a�.�ww.wrs DC -� Planning/Building/Public Works Dept. SEDIMENT BASIN AND FLOW SPUTTER s By NMM � N0. REVISION BY GATE APPR —R, z 3 IDI-121015F7TT 97. 7 L0 A N Z / / N 9 .2 0 4V 1 �• 181H TEE ( / Y — . McCART l' PROPERTY Scala 1 hrch 40 GRAVEL E )EM NT , SEE DETAI 1 SINGLE DUMP TRUCK 0 / NO TRAILERS CA / / EX. BYP INLET INS T L MP BYPASS S UCTURE N Z 3 S 1 M TCHUNE %/ AND VA FO C EK NE ION 18TH TEES g AS CREEK TO 18 PE �y�,t' 882 _. _. - EMP RARY) -- / _ Cr(� ��T ;, F OW SPLI ER S R CTURE C \ i/ R 0 A ROX 1 t 3 FEET SEDIMENT ^+, r F 0 B EEN ROC WEIRS ACCESS TO CREEK F Y �� ; EE E GRADE FOR PIP OX / 1 FROM WEST SIDE ONLY U _-'GRAVEL PLACEMENT ( D SEE BARE EAS OUND ASIN ATIO S SEE DETAIL 2 x Q R C NING APPRO i �-90 � CAUTION LINER L^ _ i., =r - - -- ••` � � APPROX TION REMOVE SEDIMEN EX. 1 BYPAS PIPE FROM FLOW SPLI SEE DETAIL 3 _ ) ~AC ESS R ., " .`:f. - I SEDIMEN BASIN _ REMOVE APPROX 4 TO 5 FEET OF GRAVEL PLACEMENT y� p..::" p• �., i ACCUM TED S DIMENT SEE DETAIL 2 p u� q FlSHW OUTL ' SEE E GRAD PLAN Cy 3 G 12TH RTA) ? °j GREEN A r GRAVEL PLACEMENT �� 1 FISH R `* C �p SEE DETAIL 2 ft" 84.0 a 1 i /h_,, x77.7 Or > HIGH FLOW Mc O OND 74.3 1 v,! _;Csi r 1 CHANNEL (DRY) FIL Q \ PILLWAY S �! GRAVEL PLACEMENT 1 SEE DETAIL 2 / ! 96.5 GRAVEL PLACEMENT % SE�DETAIL 1 / 3.2 LIMITS FOR PARKING LOT USE�\ % BY CONTRACTOR �,.I G0 Vt M L WO D REEK PARKING % 80.1 7 i-6 LOT � x / x x AIRWAY CROSSING 7 % GRAVEL CEMENT 7 3.3 / \ SE DETAIL 1 /\ so 74.6 / v 1 POND 1 L ^ p x - -- j�Z� / 18TA TEE PROPER , / /• PROPERTY / GRAVEL PLACEM NT ', v SEE DETAI 1 SINGLE DUMP TRUCK ONLY ACROSS BRIDGE pASH NO TRAILERS / FLOW SPUTTER CLEANING AND CHANNEL WORK DRAWING 1 TCNVNe j NOTES A 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. SEDIMENT BASIN CLEANING DRAWING 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. 8 3. DEBRIS AND BRUSH REMOVAL LOCATIONS MAY BE ADJUSTED BY THE CITY. 4. GRAVEL PLACEMENT LOCATIONS AND AMOUNTS MAY BE ADJUSTED BY THE CITY- ( �� L•F�s�r 5/22/07 AS NOTED -® A CITY OF MAPLEWOOD CREEK SEDIMENT BASIN RECOMMENDED oc �+ RENTON 2007 CLEANING&MAINTENANCE PROJECT .-.el FOR APPROVAL — Br qw;d Comy 55�22/07 oc ' .�� DATUM � �/Building/Publ c 'Norks oeot. SEDIMENT BASIN AND FLOW SPLITTE j r DC/rts f��•• t x 3 �K AA•fOY�M R . BY o'•"`".s',wd' N0. REVISION _ BY PATE APPR - RS D — 2 O 5 7 "u ul �° 2 �P2 18TH TE\E N O W W 4� Q 1, N 10 4 ti 4 a EX.LOG DROP(TYPICAL) �OQ n 9 �� �O NO MACHINE ACCESS. E .BOULDER CLUS RS o Scala; 1 Inch 10 Irat ON THIS SIDE / S _ ( PIOUL) —� r%i p S GRA ELREPLACEMENTAR A O PLA(TYP CAL) I E APPROX.1 CY OF CL N GRAVEL / / ALLOWABLE ACCESS TO SPLITTE SEE ECTION VIEW / GRA ELREPLACE ENTAREA r CONSTRUCT SANDBAG AND PLASTIC BERM / RESTORE AFTER SEDIMENT FOR REMOVAL RACLEANING (TYP CAL) TO DIVERT FLOW AWAY FROM CLEANING AREA PLA EAPPROX.1 02CYOF '4 �• CL N GRAVEL SEE 3ECTION VI O / A. FILTER FABRIC COAT ENTRANCE tiQ p ��Qru IF NEEDED / I U ACCESS TO SPUTTER ON THIS RESTORE BANK R CLEANING. EX.ROOT LOG B EMOVE ACCUMULATEP SEDIMENT APPROX 2 TO 3 FE DEEP DETAIL 1 —GRAVEL PLACEMENT DETAIL 2 —GRAVEL PLACEMENT i NTS NTS I I I I I EX.TREES AND EX.SHRUBS AND CUTTINGS SHRUBS PLANTED BY CITY POOL 18"-24"DEEP DO NOT FILL POOL WITH GRAVEL EX.LOG DROPS WITH FLOW NOTCH LENGTH VARIES OHWL DEPTH VARIES 3'TO 6'TYPICAL[WATER 4"TO 6" (TYPICAL) FLOW \ DETAIL 3 — FLOW SPUTTER CLEANING (NTS) WATER DEPTH VARIES 2"TO 6" (TYPICAL) - -- -- EASTBANK WEST BANK OHWL ORIGINAL GRAVEL LAYER ORIGINAL GRAVEL LAYER EX.LARGE -� 12"THICK WEST APPX ACCESS ROAD APPROX.12 THICK RIP-RAP 5' ERODED GRAVEL LEVEL LONG (APPROX.) PVC LINER WIDTH VARIES GRAVEL REPLACEMENT APPX EL 113.17 ACCUMULATED SEDIMENT 6"THICK (APPROX.) GRAVEL REPLACEMENT 5'TO 8'TYPICAL (APPROX.ERODED GRAVEL LEVEL THICK (APPROX) .............................................AP.QX.EL.)1.2.7..(VARIES..... ................ 1 TO 2 CY OF CLEAN EL 1 CY OF CLEAN GRAVEL APPROX.) 1 15.0—." '••••"'•--•------- -- 114.0—. ............................ ... ............................................................................ ............. GRAVEL REPLACEMENT SPEC. GRAVEL PLACEMENT 113.0—. ........................ ....... ...... ...........................................................I......... GRAVEL REPLACEMENT SPEC. GRAVEL PLACEMENT IN LOW FLOW AREA 1.ONLY SMALL SOFT TIRED VEHICLES SHALL IN HIGH FLOW AREA FROM SEDIMENT 1.GRAVEL SHALL BE PLACED ABOVE THE BELOW FLOW SPUTTER DELIVER GRAVEL ON GOLF COURSE 112.0—' """""'""".. "' '.""""'". """" """""'• ..... ..•""•""" BASIN'BOTTOM"'............................... BASIN TO FLOW SPUTTER WATERLINE ON THE WEST BANK OF THE SIZE Percent Finer by Weight (SUCH AS BOBCATS,GOLF CARTS,WHEEL BARROWS) APPX,.EL."108,67•. "... SIZE Percent Finer by Weight CREEK BY MACHINE. 1 1 1.0—' ..........."'' 4" 100-75% 2.GRAVEL SHALL BE PLACED AT TOP OF WEST BANK ONLY. 6" 100-40% 2.GRAVEL SHALL BE SPREAD BY HAND 2" 75-30% 3.GRAVEL SHALL BE CARRIED DOWN BANK IN BUCKETS 1 1 0.0—. . ..................................... ....... ..... ............... .... ? Q"FT.IMP..QRTE4..QACKFJLL..... 3" 40-20% SHOVEL OVER THE WIDTH OF THE CREEK. 1" 30- 0% AND SPREAD BY HAND SHOVEL OVER THE WIDTH ABOVE LINER (GRAVEL) 1" 20-0% 3.THE CITY MAY REVIEW AND ADJUST 1/4' 0% OF THE CREEK. 109.0—. ...................................................... ...... ....... .................. .................................... 1/4" 0% GRAVEL PLACEMENT AS NEEDED FOR 4.THE CITY MAY REVIEW AND ADJUST GRAVEL EACH LOCATION. PLACEMENT AS NEEDED FOR EACH LOCATION. 1 08 0— .. ................ ......................................... DETAIL 1 DETAIL 2 TYPICAL SECTION A—A NTS TYPICAL SECTION B—B NTS 30 MIL PVC 8" PERF. BASIN LINER DRAIN PIPE Per Lc rr7 Fi s11r. 5-20_044 LhcYcklc S -I'- +-b heap `,JA 0 TYPICAL SECTION THRU MIDDLE OF POND, WEST—EAST .r-2v-a 30 °% (NTS,VERTICAL DISTORTED) 2008 C I e a n i n g . 5/8/08 -3 3 b /D RECOMMENDED ®m AS NOTED d► ,.� CITY OF FOR APPROVAL DC ,, MAPLEWOOD CREEK SEDIMENT BASIN __ REN TON 2008 CLEANING&MAINTENANCE PROJECT BY Donlan COMY 5/%/06 -- DC DATUM r Z atMM,ww��groyrpn DC RS -- Planning/Building/Public Works Dept. DETAILS J BY �e�µ� N0. REVISION BY DATE APPR f0`"�'x t x 3 �. C3 o ,� 4 ; 0 18TH TEE a aIRRIG-- c\ ti0 he JO W to O EX.LOG DROP ICAI_ — 1 (� C� ) \ d �p tiQ O O NO MACHINE ACCESS Scala 1 Inch 10 Feet ON THIS SIDE c/) — BOULDER CLUS CAL) ,may �i GRA FELREPLACEMENT / B V / A O PLA APPROX-1 CY OF / ��/ I / ALLOWABLE ACCESS TO SPUTTE t._ C GRAVEL / / FOR SEDIMENT REMOVAL SEE SECTION VIEW / CONSTRUCT SANDBAG AND PLASTIC BERM % RESTORE BANK AFTER CLEANING GRA REPLAC ENT AREA t r TO DIVERT FLOW AWAY FROM CLEANING AREA(rYP CAL) E APPROX.1 O 2 CY OF A C GRAVEL SEE ECT1oNVI Q" /..: :... `..: FILTER FABRIC % cl A�CO AT IFENTRANCE TR DED / / LI ACCESS TO SPUTTER ti� tie0 0 ( ON THIS Oyu y /' /,' RESTORE BANK R CLEANING. s`S EX ROOT OG EMOVE ACCUMULAT SEDIMENT L � B ---- i� 1 APPROX 2 TO 3 FEU DEEP DETAIL 1 -GRAVEL PLACEMENT DETAIL 2-GRAVEL PLACEMENT ! NITS NTS i i i i EX TREES AND EX SHRUBS AND CUTTINGS SHRUBS PLANTED BY CITY POOL 18'-24'DEEP DO NOT FILL POOL WTTH GRAVEL EX LOG DROPS LENGTH VARIES WATER DEPTH VARIES WITH FLOW NOTCH T TO 6 TYPICAL 4-TO 6-(TYPICAL) FLOW \ DETAIL 3-FLOW SPUTTER CLEANING (NITS) -- r oHwL WATER DEPTH VARIES v — -- 2'TO 6' (TYPICAL) WEST BANK OHWL EAST BANK ORIGINAL GRAVEL LAYER AL 12'THICK WEST ACCESS ROAD ^ ORIGINAL GRAVEL LAYER EX LARGE 5 ERODED GRAVEL LEVEL APPX EL 115.17 I� I APPROXATTHICK RIP-RAP LOB, (APPROX), PVC LINER GRAVEL REPLACEMENT WIDTH VARIES ERODED GRAVEL LEVEL GRAVEL REPLACEMENT APPX EL 113.17 ACCUMULATED SEDIMENT 6'THICK (APPROX) S TO V TYPICAL (APPROX) 6-THICK(APPROX) 115.0— --------------------- . ........... .................................AP?x.EL.I i2.Z.1YN?IES)..... ....-._......... 1 TO 2 CY OF CLEAN GRAVEL ( 1CYOFCLFJWGRAVELAPPROX) •- GRAVEL REPLACEMENT SPEC. GRAVEL PLACEMENT 113.0-------------------------- ------- --- -•-•--"-------_.....-_._--..........._...._-•----.................. GRAVEL REPLACEMENT SPEC. GRAVEL PLACEMENT IN LOW FLOW AREA 1.ONLY SMALL SOFT TIRED VEHICLES SHALL BASIN.BOTTOAf....•''''..................... IN HIGH FLOW AREA FROM SEDIMENT 1.GRAVEL SHALL BE PLACED ABOVE THE BELOW FLOW SPUTTER` DELIVER GRAVEL ON GOLF COURSE APPX EL 108.67 ................ BASIN TO FLOW SPUTTER WATERLINE ON THE WEST BANK OF THE SIZE Percent Fier by Wert (SUCH AS BOBCATS,GOLF CARTS,WHEELBARROWS) ..................... .................................. SIZE Percent Fier by Weight CREEK BY MACHINE 4' 100-75% 2.GRAVEL SHALL BE PLACED AT TOP OF WEST BANK ONLY. ... .?:D.FT..IMPORT>z4..8ACK- ..... 6' 100-40% 2.GRAVEL SHALL BE SPREAD BY HAND 2' 75-30% 3.GRAVEL SHALL BE CARRIED DOWN BANK IN BUCKETS 1 1 0.0—' ...................................... ......... ..... ..•..•.••...... ............. ABOVE LINER (GRAVE?) 3' 40-20% SHOVEL OVER THE WIDTH OF THE CREEK 1' 30-0% AND SPREAD BY HAND SHOVEL OVER THE WIDTH 1. 20-0% 3.THE CITY MAY REVIEW AND ADJUST 1/4' 0% OF THE CREEK 109.0—• ...................................................... ...... RAVEL 1u• 0% GRAVEL PLACEMENT AS NEEDED FOR 4.THE CITY MAY REVIEW AND ADJUST G 108.0— EACH LOCATION. PLACEMENT AS NEEDED FOR EACH LOCATION. DETAIL 1 DETAIL 2 TYPICAL SECTION A-A NITS TYPICAL SECTION B-B NITS 30 MIL PVC s' PERF. BASIN LINER DRAIN PIPE TYPICAL SECTION THRU MIDDLE OF POND, WEST-EAST Nv 7&j w/ L• �i✓�cr (NTS,VERTICAL DISTORTED) 5/22/07 RECOKOAENDm — SAS Norm "�"' J CITY OF MAPLEWOOD CREEK SEDIMENT BASINbc FOR APPROVAL REN T ON B,.Daniel Carey 5/22/07 "�oc 2007 CLEANING 8 MAINTENANCE PROJECT ..�3 DATUM nr�w ft � � I-. Pl�:�y/I�iainy/P�,I�IK Works Dept DETAILS wy eawe a s cowl4w 3 .d.�.®+. .e m Ora ss IVIVW NO. REVISION BY DATE APPR � x D - 2057 vwg,[:�w S- lq_ og From: Daniel Carey To: Larry Fisher Date: 05/19/2008 9:01:29 AM Subject: Re: Meeting Tuesday at 3 pm - Maplewood Sediment Basin 2008 Cleaning Ok, change to 3:30. Thanks, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 05/19/08 8:55 AM >>> Hi Dan: Can we make it 3:30? 1 have another meeting at Lake Wilderness and need the time to finish that. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <Dcarey(a)ci.renton.wa.us> 05/16/08 9:50 AM >>> Hi Larry, Let's meet on May 20, Tuesday afternoon, at 3 pm if that time is good for you. If not, let me know what time you prefer. I'm open the entire afternoon. We'll meet in the parking lot below the sediment basin. Kelly has other appointments that day and will not be able to make that day. Thanks, Daniel >>> "Larry Fisher" <fisheldf bDFW.WA.GOV> 05/15/08 4:43 PM >>> Hi Dan: The best time for me would be Tuesday late afternoon or Wed at or before 8:15. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <Dcarey(a ci.renton.wa.us> 05/15/08 1:57 PM >>> Hi Larry, I'd like to meet with you at Maplewood GC to walk the site, and check for the gravel placement that may be needed, sometime next week (May 19-23) if possible. I am not available Monday morning, Thurs and Fri after 2 pm. w D Fw From: Daniel Carey To: Larry Fisher Date: 05/16/2008 9:50:00 AM Subject: Meeting Tuesday at 3 pm - Maplewood Sediment Basin 2008 Cleaning Hi Larry, Let's meet on May 20, Tuesday afternoon, at 3 pm if that time is good for you. If not, let me know what time you prefer. I'm open the entire afternoon. We'll meet in the parking lot below the sediment basin. Kelly has other appointments that day and will not be able to make that day. Thanks, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 05/15/08 4:43 PM >>> Hi Dan: The best time for me would be Tuesday late afternoon or Wed at or before 8:15. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <DcareyC�ci.renton.wa.us> 05/15/08 1:57 PM >>> Hi Larry, I'd like to meet with you at Maplewood GC to walk the site, and check for the gravel placement that may be needed, sometime next week (May 19-23) if possible. I am not available Monday morning, Thurs and Fri after 2 pm. Let me know a couple times that would be convenient for you'll. I'll coordinate the meeting with Kelly Beymer. Thanks, Daniel CC: Kelly Beymer wpFw s-�sos From: Daniel Carey To: Larry Fisher Date: 05/15/2008 1:57:35 PM Subject: Set Meeting - Maplewood Sediment Basin 2008 Cleaning Hi Larry, I'd like to meet with you at Maplewood GC to walk the site, and check for the gravel placement that may be needed, sometime next week (May 19-23) if possible. I am not available Monday morning, Thurs and Fri after 2 pm. Let me know a couple times that would be convenient for you'll. I'll coordinate the meeting with Kelly Beymer. Thanks, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 01/23/08 3:07 PM >>> Hi Dan: Thanks for this update. I will need to do a site review with you, as last year, to assess whether gravel placement is needed. Please call when you want to schedule this. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <DcareVCa?ci.renton.wa.us> 01/23/08 10:51 AM >>> Hi Larry, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife H PA. The HPA is valid to May 14, 2012 so I assume we can do the work under it without any revisions. Do you think we will need to place new spawning gravel downstream of the sediment basin and flow splitter since we did that for the 2007 cleaning? r t Also, during the December storm I noticed the high flow channel (the dry channel that runs from the flow splitter directly south to SR-169) seemed close to overflowing at one of the golf course crossing. We may trim some vegetation along the channel banks and excavate any accumulated material around the crossings to maintain the hydraulic capacity of the high flow channel. That work would be done in dry conditions so I assume no HPA is needed, as you stated last year when we discussed trimming the vegetation in the dry channel below the flow splitter. Please note that the Golf Course Marshals are sensitive to non-players on the golf course and want us to notify them if we are on the course inspecting the channel. If you plan to inspect the creek on the golf course please notify them by stopping in at the pro shop or calling (425-430-6800) to let them know you will be on the course. Let me know if you have any questions. Thanks, Daniel Carey Renton City Hall -5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 Email: dcarey(a),ci.renton.wa.us >>> "Larry Fisher" <fisheldf(a)DFW.WA.GOV> 05/15/07 8:33 AM >>> Hi Dan: The new HPA is attached. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 CC: Kelly Beymer IF From: Daniel Carey To: Larry Fisher Date: 01/30/2008 10:00:56 AM Subject: Re: City of Renton - Maplewood Sediment Basin 2008 Cleaning Hi Larry, Let's do the visit when it's a bit warmer, probably in late February or March. I'll email you in February to arrange the visit. Thanks, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 01/23/08 3:07 PM >>> Hi Dan: Thanks for this update. I will need to do a site review with you, as last year, to assess whether gravel placement is needed. Please call when you want to schedule this. Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <Dcarey@-ci.renton.wa.us> 01/23/08 10:51 AM >>> Hi Larry, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife H PA. The HPA is valid to May 14, 2012 so I assume we can do the work under it without any revisions. Do you think we will need to place new spawning gravel downstream of the sediment basin and flow splitter since we did that for the 2007 cleaning? Also, during the December storm I noticed the high flow channel (the dry channel that runs from the flow splitter directly south to SR-169) seemed close to overflowing at one of the golf course crossing. We may trim some vegetation along the channel banks and excavate any U/➢ VL,,/ 1 -23-03 From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <Dcarey@ci.renton.wa.us> Date: 01/23/2008 3:09:02 PM Subject: Re: City of Renton - Maplewood Sediment Basin 2008 Cleaning N Hi Dan: O Thanks for this update. CP I will need to do a site review with you, as last year, to assess whether gravel placement is needed. Please call when you want to �-- schedule this. R7 Larry Fisher WDFW 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 427-0570 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 01/23/08 10:51 AM >>> Hi Larry, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. The HPA is valid to May 14, 2012 so I assume we can do the work under it without any revisions. Do you think we will need to place new spawning gravel downstream of the sediment basin and flow splitter since we did that for the 2007 cleaning? Also, during the December storm I noticed the high flow channel (the dry channel that runs from the flow splitter directly south to SR-169) seemed close to overflowing at one of the golf course crossing. We may trim some vegetation along the channel banks and excavate any accumulated material around the crossings to maintain the hydraulic capacity of the high flow channel. That work would be done in dry conditions so I assume no HPA is needed, as you stated last year when we discussed trimming the vegetation in the dry channel below the flow splitter. Please note that the Golf Course Marshals are sensitive to non-players on the golf course and want us to notify them if we are on the course inspecting the channel. If you plan to inspect the creek on the golf From: Daniel Carey To: Larry Fisher Date: 01/23/2008 10:51:28 AM Subject: City of Renton - Maplewood Sediment Basin 2008 Cleaning Hi Larry, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. The HPA is valid to May 14, 2012 so I assume we can do the work under it without any revisions. Do you think we will need to place new spawning gravel downstream of the sediment basin and flow splitter since we did that for the 2007 cleaning? Also, during the December storm I noticed the high flow channel (the dry channel that runs from the flow splitter directly south to SR-169) seemed close to overflowing at one of the golf course crossing. We may trim some vegetation along the channel banks and excavate any accumulated material around the crossings to maintain the hydraulic capacity of the high flow channel. That work would be done in dry conditions so I assume no HPA is needed, as you stated last year when we discussed trimming the vegetation in the dry channel below the flow splitter. Please note that the Golf Course Marshals are sensitive to non-players on the golf course and want us to notify them if we are on the course inspecting the channel. If you plan to inspect the creek on the golf course please notify them by stopping in at the pro shop or calling (425-430-6800) to let them know you will be on the course. Let me know if you have any questions. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 Email: dcareyCcDci.renton.wa.us >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 05/15/07 8:33 AM >>> Hi Dan: The new HPA is attached. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 FAX 649-7098 425-649-7042 CC: Kelly Beymer From: Daniel Carey To: Larry Fisher Date: 05/21/2007 11:24:57 AM Subject: Re: Maplewood Creek-Gravel Placement Thanks Larry, I'll show the gravel in both locations as we did in 2004. Daniel >>> "Larry Fisher' <fisheldf@DFW.WA.GOV> 05/21/07 10:20 AM >>> Dan: Gravel should be placed both below the basin and below the splitter. Larry Fisher WDFW c/o DOE 3190- 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey(d_)ci.renton.wa.us> 05/21/07 9:28 AM >>> Hi Larry, I'm working on the plans and specs for cleaning the sediment basin and placing the gravel. Did you think that gravel (the larger size) needed to be placed in the main channel between the sediment basin and the splitter structure? See Plan View 2 in the JARPA I sent to the Army Corps. If so I'll include it in the specs. If not, we'll only have the smaller gravel that will be placed downstream of the flow splitter at the log drops. Thanks, Daniel 5-21��4-a From: "Larry Fisher' <fisheldf@DFW.WA.GOV> To: <Dcarey@ci.renton.wa.us> Date: 05/21/2007 10:18:41 AM Subject: Re: Maplewood Creek-Gravel Placement Dan: Gravel should be placed both below the basin and below the splitter. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 05/21/07 9:28 AM >>> Hi Larry, I'm working on the plans and specs for cleaning the sediment basin and placing the gravel. Did you think that gravel (the larger size) needed to be placed in the main channel between the sediment basin and the splitter structure? See Plan View 2 in the JARPA I sent to the Army Corps. If so I'll include it in the specs. If not, we'll only have the smaller gravel that will be placed downstream of the flow splitter at the log drops. Thanks, Daniel s- 2 /-0 7A. From: Daniel Carey To: LARRY FISHER Date: 05/21/2007 9:28:26 AM Subject: Maplewood Creek-Gravel Placement Hi Larry, I'm working on the plans and specs for cleaning the sediment basin and placing the gravel. Did you think that gravel (the larger size) needed to be placed in the main channel between the sediment basin and the splitter structure? See Plan View 2 in the JARPA I sent to the Army Corps. If so I'll include it in the specs. If not, we'll only have the smaller gravel that will be placed downstream of the flow splitter at the log drops. Thanks, Daniel From: Daniel Carey To: Larry Fisher Date: 05/16/2007 1:17:50 PM Subject: Re: Maplewood HPA Thanks Larry, FYI I'm sending you two copies of the JARPA that I just submitted to the Army Corps for the gravel placement. Since the gravel placement is already a condition of your new HPA I wouldn't think you need to reissue it. Thanks, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 05/15/07 8:33 AM >>> Hi Dan: The new HPA is attached. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <dcarey@ci.renton.wa.us> Date: 05/15/2007 8:31:54 AM Subject: Maplewood HPA N Hi Dan: The new HPA is attached. r►- Larry Fisher h WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Renton City of Surface Water Utility ATTENTION: Daniel Carey 1055 S. Grady Way 5th Floor Renton,WA 98057 425-430-7293 Project Name: Sediment Basin Cleaning and Maintenance Project Project Description: Remove accumulated sediment from the sediment basin and flow splitter; clear brush and debris from the high flow bypass channel; and place gravel in the fish channel at the Maplewood Golf Course located at 4050 Renton - Maple Valley Highway PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by May 14, 2012, provided that work below the ordinary high water line (OHWL) shall occur only between June 15 and September 15, unless otherwise approved by the Washington Department of Fish and Wildlife (WDFW)Area Habitat Biologist (AHB). 2. Work shall be accomplished per plans and specifications entitled, "OPERATIONS AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL", dated September 1999, and "MAPLEWOOD CREEK SEDIMENT BASIN 2007 CLEANING AND MAINTENANCE PROJECT', dated May 8, 2007, submitted to WDFW, except as modified by this Hydraulic Project Approval (HPA). These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. The sediment basin and fish channel shall be maintained by the City of Renton per RCW 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the City of Renton shall be responsible for providing prompt repair under this HPA. Financial responsibility for maintenance and repairs shall be that of the City of Renton. NOTE: There are large angular rocks which were installed by the City between the sediment pond and flow splitter which continue to be a hindrance to fish migration. This portion of the stream needs to be continually monitored and adjustments made to ensure compliance with RCW 77.57.030. 4. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard n FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A 6. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 8. Prior to releasing the water flow to the project area, all dredging shall be completed. 9. Releasing of water back in to the pond shall be done slowly, so that approximately 3/4 of the water flows through the bypass until the pond is full, to prevent dewatering of the stream and loss of fish life. 10. Upon completion of maintenance activities, all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. 11. Due to interception of spawning gravels in the sediment basin, spawning gravels shall be supplemented in the fish channel downstream of the sediment basin, as determined to be necessary by the WDFW AHB at the time of each sediment basin maintenance dredging. Twenty five cubic yards of spawning size gravels shall be added to the channel downstream of the sediment pond in 2007, and in subsequent years at the discretion of the AHB. Fifteen to twenty cubic yards of this material shall be added downstream of the flow splitter in the pool tailouts downstream of the log weirs. 12. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. 13. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 14. Dredged streambed materials shall be disposed of upland so they will not re-enter state waters. 15. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the stream. 16. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard " FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the AHB. 18. Erosion control methods shall be used to prevent silt-laden water from flowing downstream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 19. Prior to starting work, the selected erosion control measures (Provision 18) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control measures after completion of work. 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 21. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 22. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into downstream state waters. 23. NOTIFICATION REQUIREMENT: The AHB shall receive written notification (e-mail to fisheldf@dfw.wa.gov) from the person to whom this HPA is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. PROJECT LOCATIONS Location #1 Maplewood Golf Course WORK START: May 15, 2007 WORK END: May 14, 2012 WRIA: Waterbody: Tributary to: 08.0302 Maplewood Creek (rb) Cedar River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 � 15 �23 N 05 E N 47.474238 W 122.16372 King Location#1 Driving Directions Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A Project Approval; (B)An order imposing civil penalties; or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey, Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P2 Habitat Biologist for Director Larry Fisher 425-649-7042C WDFW CC: Page 5 of 5 `sY F RENTON ,� 0 A I c rnr, z ♦ /PublicWorks Department Kathy Keolker,Mayor amerman P.E.,Administrator rV May 9,2007 Larry Fisher WDFW c/o DOE 3190— 160th Ave. SE Bellevue, WA 98008 SUBJECT: JARPA APPLICATION—2007 Maplewood Creek Sediment Basin Cleaning and Maintenance,SWP-27-2057 Dear Mr. Fisher: Attached are two copies of the JARPA application and drawings for the 2007 Maplewood Sediment Basin Cleaning and Maintenance project. The Surface Water Utility would like to receive an HPA for the maximum time period allowed so it can cover future cleaning, when needed. As we discussed during your recent site visit,I have included limited vegetation and sediment removal on the main channel across the golf course. During the site visit you mentioned placing new spawning gravel at the log drops to replace and refresh the existing spawning gravel. The City may need to have a new permit from the Army Corps of Engineers to place the gravel. In 2004,the Army Crops issued Nationwide Permit 27 for the gravel placement,however the permit was valid for only two years. I will contact the Army Corps and determine if they can renew the permit,or if a whole new application is needed. Please call me at 425-430-7293, or email me at Dcarey@ci.renton.wa.us, if you have any questions. Sincerely, Daniel Carey,P.E. Surface Water Utility Engineer Attachments cc: Ron Straka,P.E.,Surface Water Utility Supervisor H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 Maplewood Sed Basin\05-2007 Pond Cleaning\1401 JARPA App\070509 WDFW-Fisher-JARPA.doc\DCtp 1055 South Grady Way-Renton,Washington 98057 R E N T O N AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer AGENCY USE ONLY JARPA FORM LAST UPDATED:March 19,2007 Agency Reference#: Date Received: Circulated by: (local govt.or agency) Project Tracking Number: Washington State JOINT AQUATIC RESOURCES PERMIT APPLICATION (JARPA) Form Step 1: Get Ready Step 2: Complete Form Step 3:Check Work Step 4:Copy and Send In OF Go to www.epermitting.orp, Use black ink. Use internet"Help" Use final review See JARPA Contacts at for correct form and Check correct buttons to answer checklist at www.epermittine.org for instructions. permit boxes. questions completely. www.epermittin .gore. correct mailing addresses. ❑ Fish Habitat Enhancement Projects per RCW 77.55.181. You must submit copy of completed JARPA form and Fish Habitat Enhancement JARPA Addition to your Local Government Planning Dep't and WA Dep't of Fish and Wildlife(WDFW)Area Habitat Biologist on same da Note for Local Governments:You must submit comments to WDFW within 15 working days. Based on instructions at www.epermitting.org, I am sending copies of this application to the following: (check all that apply) ❑Local Government for Shoreline: ❑Substantial Development ❑Conditional Use ariance ❑Exemption ❑Revision nFloodplain Management ❑Critical Areas Ordinance X❑Washington Department of Fish and Wildlife for Hydraulic Project Approval (Submit 2 copies to WDFW Region) ❑Washington Department of Ecology for 401 Water Quality Certification (to Regional Office-Federal Permit Unit) ❑Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑Corps of Engineers for: ❑Section 404 permit RSection 10 permit ❑Coast Guard for: ❑General Bridge Act Permit F]Private Aids to Navigation (for non-bridge projects) ❑For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE: Maplewood Creek Sediment Basin 2007 Cleaning and Maintenance Project PROJECT DESCRIPTION: Remove accumulated sediment from the sediment basin SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 03 1.APPLICANT City of Renton Surface Water Utility, Daniel Carey MAILING ADDRESS 1055 S. Grady Way 5th Floor, Renton,Washington 98057 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 425-430-7293 dcarey@ci.renton.wa.us NA 425-430-7241 If an agent is acting for the applicant during the permit process, complete#2. Be sure agent signs Section C(Signature Block)for all permit applications "°_'.'_ 2.AUTHORIZED AGENT MAILING ADDRESS WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 3. Relationship of applicant to property: 0 OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name, address and phone number of property owner(s) if other than applicant: NA 5. Location (street address, including city, county and zip code,where proposed activity exists or will occur) Maplewood Golf Course,4050 Maple Valley Highway, Renton, King Co., WA, 98058 ' Local government with jurisdiction (city or county) City of Renton Waterbody you are working in Maplewood Creek `' Tributary of 03 WRIA# Is this waterbody on the 303(d) List ❑ YES ❑x NO Cedar River 08-0302 If YES,what parameter(s)? Shoreline designation NA " Zoning designation RC,Resource Conservation. 'Y,Section Section Township Range Government Lot SW 1/4 15 23N 5E NA " DNR stream type if known Maplewood Creek is a DNR Type 2. NW 1/4 22 Cedar River is DNR Type 1. NE 1/4 21 Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 1 AGENCY USE ONLY JARPA FORM LAST UPDATED:March 19,2007 Agency Reference#: Date Received: Circulated by: (local govt.or agency) Project Tracking Number: Washington State JOINT AQUATIC RESOURCES PERMIT APPLICATION (JARPA) Form Step 1:Get Ready Step 2:Complete Form Step 3:Check Work Step 4:Copy and Send In Go to www.epermitting.org Use black ink. Use internet"Help" Use final review See JARPA Contacts at for correct form and Check correct buttons to answer checklist at www.epermitting.org for instructions. permit boxes. questions completely. www.epermittinp,.org. correct mailing addresses. ❑ Fish Habitat Enhancement Projects per RCW 77.55.181. You must submit copy of completed JARPA form and Fish Habitat Enhancement JARPA Addition to your Local Government Planning Dep't and WA Dep't of Fish and Wildlife(WDFW)Area Habitat Biologist on same da . Note for Local Governments:You must submit comments to WDFW within 15 working days. Based on instructions at www.epermitting.org, I am sending copies of this application to the following: (check all that apply) ❑Local Government for Shoreline: nSubstantial Development FIConditional Use ariance []Exemption ❑Revision RFloodplain Management ❑Critical Areas Ordinance X❑Washington Department of Fish and Wildlife for Hydraulic Project Approval (Submit 2 copies to WDFW Region) ❑Washington Department of Ecology for 401 Water Quality Certification (to Regional Office-Federal Permit Unit) ❑Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑Corps of Engineers for: ❑Section 404 permit RSection 10 permit t []Coast Guard for: nGeneral Bridge Act Permit ❑Private Aids to Navigation(for non-bridge projects) ❑For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE: Maplewood Creek Sediment Basin 2007 Cleaning and Maintenance Project PROJECT DESCRIPTION: Remove accumulated sediment from the sediment basin, (renewal of previous HPA, Log No. ST-174720-03 issued April 30, 2003) h SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1. APPLICANT City of Renton Surface Water Utility, Daniel Carey MAILING ADDRESS 1055 S. Grady Way 5th Floor, Renton,Washington 98057 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 425-430-7293 dcarey@ci.renton.wa.us I NA 425-430-7241 If an agent is acting for the applicant during the permit process, complete#2. Be sure agent signs Section C(Signature Block)for all permit applications 2.AUTHORIZED AGENT MAILING ADDRESS WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# m 3. Relationship of applicant to property: x❑ OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name,address and phone number of property owner(s) if other than applicant: NA m 5. Location (street address, including city,county and zip code,where proposed activity exists or will occur) Maplewood Golf Course,4050 Maple Valley Highway, Renton, King Co., WA, 98058 Local government with jurisdiction (city or county) City of Renton Waterbody you are working in Maplewood Creek m Tributary of m WRIA# Is this waterbody on the 303(d) List ❑ YES ❑x NO Cedar River 08-0302 If YES,what parameter(s)? Shoreline designation NA m Zoning designation RC,Resource Conservation. %Section ISection ITownship IRange lGovernment Lot Maplewood Creek is a DNR Type 2. Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermittinq.orq 1 SW 114 15 23N 5E NA Cedar River is DNR Type 1. NW 114 22 DNR stream type if known NE 1/4 21 Latitude and Longitude: 47°28'29"N, 122°09'48"W Tax Parcel Number Golf Course Tax Parcels 152305-9088,222305-9090 6. Describe(a)the current use of the property, (b)structures existing on the property, and (c) existing environmental conditions. Have you completed any portion of the proposed activity on this property? ❑ YES ❑x NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. The property is currently used as a municipal golf course. There are several small parcels of private single-family residences next to the creek. One single-family residence has a Surface Water Right to Maplewood Creek. A municipal well field and treatment building, driving range, clubhouse and restaurant have been built on the golf course. Maplewood Creek flows from the northeast and receives runoff from about 1000 acres of upstream forest, residential,and commercial areas. On the golf course property Maplewood Creek flows into the Sedimentation Basin and discharges through a fish ladder. The stream flows back into the creek channel for 280 feet until reaching the flow splifter. The flow splifter directs all low flow into the main channel which flows to the southwest across the golf course. From the golf course the main channel flows into a WSDOT culvert under SR-169,and into a WSDOT fish ladder which discharges to the Cedar River. The high flow channel is used for flood event and flows directly to the south to a second WSDOT culvert under SR-169. The high flow channel is dry for the majority of the year,and is only used when runoff exceeds the capacity of the flow splifter. The Sediment Basin was permitted by the WDFW and Army Corps of Engineers,and was built in 1997. The main channel across the golf course was permitted by WDFW and the Army Corps of Engineers, and was constructed to improve fish passage and provide habitat on the golf course. The fish ladder,flow splifter and main channel were built in 1998-1999. M Is the property agricultural land? ❑ YES E NO M Are you a USDA program participant? ❑ YES Q NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. The City is requesting the maximum period an HPA can be approved(5 years)for cleaning accumulated sediment and debris out of the Maplewood Creek Sedimentation Basin and Flow Splifter structure,and other general maintenance described below. Cleaning will occur between June 16`h and September 15th during years when the work is necessary. Cleaning is needed every 2 to 4 years, depending on the amount of sediment washed into the basin during the rainy seasons. Cleaning consists of removing accumulated sediment, gravel, and debris from the Sediment Basin, Fish Ladder,and Flow Splifter structure. The work includes cleaning around the large rocks and rock weirs in the sediment basin and flow splifter structure, and readjusting them, if needed,to restore them to the original locations and design function,and to remove any blockages to fish passage. The work may include general maintenance of the concrete structures and valves, if needed. Sediment will be removed from the Fish ladder if it starts to block fish passage. The equipment used may include backhoe/excavator, dump trucks, hand tools,and vactor trucks. The sediment basin was last cleaned in 2004. A detailed Operations and Maintenance Manual describing procedures for sediment removal should be in the WDFW files from the last JARPA submittal (June 2002). A temporary diversion dam will be built above the sediment basin, and the creek will be diverted into an existing 18-inch bypass pipe which runs around the basin and into the fish ladder. The sediment basin is drained of water and the area is walked repeatedly to rescue any stranded fish and transfer them back to the creek. Once the basin is dry a backhoe will remove the accumulated sediment down to the bottom of the basin. All sediment and debris removed from the basin is either used for golf course or park grading, or is removed to a permitted soil disposal site. After all cleaning is completed about one-half the flow will be directed back into the sediment basin to refill it. The other half of the flow is kept in the creek so it is not dried out. After the basin is full the diversion dam is removed and the sediment basin is restored to operation. Water in the Flow Splifter will be diverted around the work area by sandbags and plastic covered berms. Sediment in the flow splifter may be removed by vactor truck,a backhoe,and hand labor. The dry high flow channel downstream of the flow splifter structure has accumulated flood debris, and vegetation has overgrown some areas of it, reducing the flood flow capacity. The debris will be removed and the vegetation trimmed back to maintain the flood capacity of the channel. During a site visit the WDFW Area Habitat Biologist noted that trimming overgrown vegetation from the high flow channel downstream of the Flow Spliter structure does not require a HPA since the channel is dry the majority of the year. The WDFW Area Habit Biologist also identified areas in the main channel where maintenance could occur. The work includes limited removal of shrubs,such as willows,that are starting to grow in the channel and will reduce flow and fish passage. Invasive plants that cover the surface of the channel,especially noted in the last crossing of the golf course fairway, and a Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.org 2 poisonous species called "Nightshade", could be removed. Areas of sediment in or near culvert crossings,that could reduce the channel flow capacity, could be removed. The above maintenance will be by hand labor. When removing sediment, erosions control measures such as diversion and filter fabric will be used to prevent sediment from washing downstream. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON B-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. The Floods in November 2006 filled the sediment basin with sediment and it needs to be cleaned out this year. The sediment basin was permitted and constructed in 1997 to collect sediment and prevent it from filling in the channel on the golf course and causing flooding during winter rain events. Periodic removal of sediment from the sediment basin and flow splitter is required to keep them functioning properly. If the sediment is not removed the sediment basin,flow splitter, and eventually the restored main channel will fill with sediment and will cause flooding on the golf course. Overgrown vegetation and limited areas of sediment need to be removed from the main channel downstream of the flow splitter structure to maintain the capacity of the channel. Debris and vegetation need to be removed from the dry high flow channel to maintain the capacity of the channel. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality,water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. Installing the temporary flow diversion dams may cause a temporary increased sediment transport and turbidity,which may temporarily impact water quality during the maintenance of the Sedimentation Basin and Flow Splitter. The procedure described in the Operations and Maintenance manual uses BMP's and has worked successfully with minimal impact. The sedimentation basin was designed with a 18-inch bypass system to allow runoff to be bypassed around the basin during maintenance work within the basin. After water is diverted from the sediment basin the area is walked repeatedly and stranded fish are rescued and transferred back to the creek. 7d. For in-water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity(WAC 173.201 A-41 0)? ❑x YES ❑ NO 8. Will the project be constructed in stages? ❑ YES x❑ NO Proposed starting date: Estimated duration of activity: 9. Check if any temporary or permanent structures will be placed: �x Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR Temporary Diversion Dams ❑ Waterward of the mean higher high water for tidal waters? 10. Will fill material (rock,fill, bulkhead, or other material) be placed: NO ❑ Waterward of the ordinary high water mark or line for fresh waters? If YES, VOLUME (cubic yards) /AREA (acres) ❑ Waterward of the mean higher high water for tidal waters? If YES, VOLUME (cubic yards) /AREA (acres) " 11. Will material be placed in wetlands? ❑ YES 0 NO If YES: A. Impacted area in acres: B. Has a delineation been completed? If YES, please submit with application. ❑ YES ❑ NO C. Has a wetland report been prepared? If YES, please submit with application ❑ YES ❑ NO D. Type and composition of fill material (e.g., sand, etc.) E. Material source: F. List all soil series (type of soil) located at the project site, and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 3 G.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ❑ NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than 1/10 of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification may be required from Ecology in addition to an approved mitigation plan if your project wetland impacts are greater than 1/10 acre in size. Please submit the JARPA form and mitigation plan to Ecology for 401 certification review. 12. Stormwater Compliance: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. E] YES ❑ NO If YES—Which manual will your project be designed to meet? The Project was designed to meet the applicable sections of the King County Surface Water Manual. It meets the applicable standards in the Ecology Stormwater Manual for Western Washington. If NO—For Clean Water Act Section 401 and 404 permits only—Please submit to Ecology for approval, along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201 A 13. Will excavation or dredging be required in water or wetlands? F1 YES ❑ NO If YES: Possibly small amounts of sediment blocking culverts and fish passage. A. Volume: 1 to 5 cy (cubic yards) /area (acre) B. Composition of material to be removed: Small areas of accumulated sediment in main channel in or near culverts. C. Disposal site for excavated material: Use for golf course fill, or haul to offsite soil disposal site. D. Method of dredging: Remove with hand labor and hand tools(shovels, buckets). (Cleaning the sediment basin is done in the dry with a tracked excavator.) 14. Has the State Environmental Policy Act(SEPA) been completed 0 YES ❑ NO SEPA Lead Agency: City of Renton Development Services Division SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption DNS Decision Date (end of comment period) 3/19196 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications, approvals or certifications from other federal, state or local agencies for any structures, construction discharges or other activities described in the application (i.e. preliminary plat approval, health district approval, building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO, SEPA DNS City of Renton LUA-96-009 March 19, 1996 Yes Nationwide Permit 26,basin construction,cleaning US Army Corps Engineers 96-4-00169 May23, 1996 Yes Hydraulic Project Approval, for basin construction WDSW 00-C3239-01 June 26, 1996 Yes Hydraulic Project Approval,for last cleaning WDFW ST-F4720-03 April 30,2003 Yes Nationwide Permit 27, restore spawning gravel US Army Corps Engineers 200400635 Aug.27,2004 Yes IM 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES Fx_� NO If YES, explain: SECTION B - Use for Shoreline and Corps of Engineers permits only: 17a. Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals, etc. ' 17b. If a project or any portion of a project receives funding from a federal agency, that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 4 FEDERAL FUNDING ❑ YES ❑ NO If YES, please list the federal agency. 18. Local government with jurisdiction: 19. Provide names, addresses and telephone numbers of adjoining property owners, lessees,etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER SECTION C-This section MUST be completed for any 12ermit covered by this application 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief,such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I agree to start work ONLY after all necessary permits have been received. ^� DATE SIGNATURE OF APPLICANT: Daniel Carey,i5roject Manager, City of Renton Surface Water Utility 3, DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals,or covers up by any trick, scheme, or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog,swamp, flood plain,floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 5 VICINITY MAP 0 RENTON h H PROJECT SITE Maplewood Creek ® Cedar Ma le o Golf Co e PROJECT SITE LATITUDE: 47° 28'29" 0 800 1600 LONGITUDE: 122' 09'48" NORTH SCALE 1" = 1600 FT MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton 2007 CLEANING AND MAINTENANCE Reference #: Waterway: Maplewood Creek Sec. 15 T. 23 N R. 5 E Location: Maplewood Golf Course Prepared: May 2007 4050 Maple Valley Highway Renton, King County, Washington )8058 Sheet 1 L i o \ G N % Q_ i McCARTY Scale: 1 Each = 40 -et PROPERTY 9'1 CARS 'A4 TC l EX. BYP S INLET / TEE NE q AND VA E IN A TE 0 Y BYPASS TRUCTURE 88-2 B ASS CREEK TO 18" PE F R E DI RSION x / EMP RARY) FLOW SPLI ER S R CTURE R 0 A ROX 1 t 3 FEET SEDIMENT n 1 F O B EEN ROC WEIRS EE OT ER PLAN R APPR LOCATIO ' REMOVE SEDIMENT FROM CAUTION C LINER jy FLOW SPUTTER, S E DETAIL EX. 1 BYPAS PIPE i APPROX CATION AC ESS RO THIN AND REMOVE � 1 ' � -_ ; SEDIMEN BASIN TH I CK PLANT AND SHRU REMOVE APPROX 4 TO 5 FEET OF O FISHW OUTL �_ ACCUM TED S DIMENT O ALONG DRY CHANNEL. cq C� FROM FLOW SPLITTER TO SR _ SEE BA E GRAD PLAN S ET GREEN ` pq Qv= (APPR 750 FT) AS DIRECTED ENGINEER / ' 84.0 FISH LA ER '6Q7.1 x CL 74.3 77.7 HIGH FLOW v o x CHANNEL (DRY) Mc OND RLLOW THIN AND REMOVE PILLWAY THICK PLANT AND SHRUBS \ ALONG DRY CHANNEL 96.5 \ AS DIRECTED BY ENGINEER \\ x 1 O3.�� x 3 2 ! LIMITS FOR PARKING LOT USE \ 9 / BY CONTRACTOR 101.2 �— ti� j PARKING MAPL WO D REEK x i 80.1 77.6 LOT AIRWAY CROSSING 7 x x % 73.3 i 97.7 / / _�� / PONU i x o 74.6 % � i ➢ i� , McCARTY - _-- —7 PROPERTY • O 1 7 / 72.4 7 N % I i r x -' 78.1 R P %� 7 GAT x i �� TCHI FLOW SPLITTER CLEANING AND BRUSH REMOVAL DRAWING SEDIMENT BASIN CLEANING DRAWING RECOMMENDED FOR APPROVAL NOTES By Daniel Carey 5/OS/07 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. BY 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. 3. DEBRIS AND BRUSH REMOVAL LOCATIONS WILL BE ADJUSTED BY THE CITY. a.c —AS Noreo .� CITY OF 5/8/07 Dc MAPLEWOOD CREEK SEDIMENT BASIN « DC RENTON 2007 CLEANING&MAINTENANCE PROJECT _DC/Rs �� DATUM Planning/Building/Public Works Dept. SEDIMENT BASIN AND FLOW SPUTTER a�41 NO. REVISION1 BY DATE APPR �`"""`°'m"`� �i ace m 4 R5 2057 Ln TEE o H 8.2 N 69.9 x 67.1 FLOW SPLI ER S R CTURE x 72.0 68.2 Scale: I Inch = 40 Feet a 74.7 68.9 x x c , 69.5 70.6 x x 71.1 1O REMOVE PLANTS BLOCKING CHANNEL FLOW, LIMITED AREA, 68.9 x AS DIRECTED BY ENGINEER (TYP) OQ , , O REMOVE SEDIMENT BLOCKING CULVERT OR CHANNEL, C9RT �ci O 2 LIMITED AREA, AS DIRECTED BY ENGINEER (TYP) GREEN ; REMOVE PLANTS COVERING 9.1 SURFACE OF CHANNEL, 69.5 INVASIVE PLANTS, AS NEEDED x / 1 70.7 1 x 74.3 77.7 70.3 71.5 x x i 0 F4IRWAY3CROSSING x x 2 1 x 2 2 / X 69.6 1 REMOVE PLANTS COVERING ! 1. x SURFACE OF CHANNEL, 3.2 ! x 1.2 INVASIVE PLANTS, AS NEEDED % 7 7 7 .6 2 1 x 71.5 % 1 Zf 72. x x2 z x 5 / FAIRWAY CROSSING m x 7 �; 80 1 71.2 _ 73.3 i 71.2 x MAPLEWOOD CREEK x % x 72.5 MAIN CHANNEL Q i 71.5 Mgp��s 71.2 x v 72.6 % 74.6 x 7 77.0 <F x ` wqY 70.5 x x 71.9 . ' 7 x . x 72. 724 68 \ 77.7 x x �. �. 78.1 71.6 x i I ;� � 1 78.0 73. NOTES LIMITED SEDIMENT AND SHRUB REMOVAL ALONG MAIN CHANNEL 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE g EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. 3. DEBRIS AND BRUSH REMOVAL LOCATIONS WILL BE ADJUSTED BY THE CITY. F REcoMMeROFn FOR APPROVAL By Daniel Carey 5/08/07 By CITY OF 5/8/07 �o� As NOTED MAPLEWOOD CREEK SEDIMENT BASIN REN TON 2007 CLEANING&MAINTENANCE PROJECT �� DATUM «Eo.DC Rs Planning/Building/Public Works Dept. MAIN CHANNEL 2 N0. REVISION BY DATE APPR R5 Kmon. 2 -4 W 0205 -/ r� LO o N N T C O TOP WEST ACCESS ROAD I L E APPX EL 115.17 Scale: 1 Inch = 10 Feet PVC LINER { APPX EL 113.17 ACCUMULATED SEDIMENT NO MACHINE ACCESS ON THIS SIDE 1 1 cJ.O— APPX EL 112.7 (VARIES) 114.0- 113.0- 1 1 2.0— BASIN BOTTOM / LLOWABLE ACCESS TO SPUTTER 111.0— APPX EL 108.67 CONSTRUCT SANDBAG AND PLASTIC BERM R SEDIMENT REMOVAL 1.0 FT IMPORTED BACKFILL R STORE BANK AFTER CLEANING 1 1 0.0— ABOVE LINER (GRAVEL) TO DIVERT FLOW AWAY FROM CLEANING AREA { 109.0— ----- 1 08.0— `.: FILTER FABRIC 1 , AT ENTRANCE 1 07.0— IFNEEDED _ LI ACCESS TO SPUTTER ON THIS 51 30 MIL PVC 8" PERF. { RESTORE BANK R BASIN LINER DRAIN PIPE CLEANING. " 1 4, TYPICAL SECTION THRU MIDDLE OF POND AND LINER -_-- - REMOVE ACCUMULAT SEDIMENT =( 1 APPROX 2 TO 3 FEUDEEP (NTS,VERTICAL DISTORTED) j 1 s THIN AND REMOVE I THICK PLANTS AND SHRUBS ALONG DRY CHANNEL FROM FLOW SPUTTER TO SR-169 AS DIRECTED BY ENGINEER I DETAIL 3 - FLOW SPUTTER CLEANING (NTs) 'a Y RECOMMENDED FOR APPROVAL By Daniel Corey 5/08/07 BY AS NOTED CITY OF 5/e/D' D RENTON MAPLEWOOD CREEK SEDIMENT BASIN �. DC DATUM 2007 CLEANING&MAINTENANCE PROJECT >< —"DC RS Rwnmg/Building/Public Works Dept. DETAILS 3 NO. REVISION BY DATE APPR Rs u.�.cco aaEc 3 -4 Coordinate Table Coordinate Table C)O Pt # Northing Easting Elevation Descriptor Pt # Northing Easting Elevation Descriptor CV 62 176346.08 1311633.04 125.94 SET HTK 392 176445.13 1311727.12 133.4 BRK 63 176047.52 1311433.47 114.69 SET HTK 393 176433.78 1311735.83 132.8 TOP N 36"0 ADS PIPE 1 200 176023.55 1311495.52 115,30 top cl talc 394 176413.01 1311706.86 130.9 TOP 201 176040.15 1311501.38 cl back calc 395 176379.15 1311671.02 128.1 TOP d 202 176037.80 1311508.51 se cor colt 396 176333.08 1311629.26 125.5 TOP 203 176063.21 1311516.89 ne cor calc 397 176296.26 1311604.16 124.4 TOP 204 176067.91 1311502.64 rw cor colc 398 176266.39 1311582.51 122.9 TOP 07 205 176042.50 1311494.26 sw cor calc 399 176305.40 1311592.27 120.15 CULV 206 176069.52 1311450.41 se cor calc 400 176286.95 1311600.67 118.24 CULV CB TYPE I - SOLID 207 176066.79 1311441.83 sw cor calc 401 176236.58 1311582.62 114.8 CRK LID RIM EL 122.5 I.E. 208 176076.41 1311438.76 nw cor calc 402 176263.03 1311602.67 116.4 CRK 115.8(18'E) I.E. az 209 176079.14 1311447.34 ne cor calc 403 176305.70 1311626.82 118.1 CRK 1 t5.8 (18'SW) 210 176068.21 1311446.31 d talc 404 176331.95 1311649.10 119.3 CRK 301 176071.94 1311441.21 115.1 TOP 405 176351.16 1311668.62 120.9 CRK 302 176070.37 1311450.12 115.1 TOP 406 176364.81 1311682.59 122.0 CRK 303 176078.29 1311447.63 115.1 TOP 407 176381.93 1311701.50 123.5 CRK 304 176074.32 1311448.68 111.11 WEIR 408 176397.79 1311721.06 125.1 CRK 8q BYPASS PIPE INLET 305 176069.30 1311445.96 108.10 IE PIPE 409 176411.97 1311740.12 126.7 CRK STRUCTURE 306 176071.82 1311441.50 108.16 IE PIPE 410 176440.19 1311781.31 129.2 CRK 18'IE-116.46 307 176049.47 1311498.66 103.92 VALVE 411 176463.11 1311832.36 132.8 CRK REMOVE SEDIMENT FROM BETWEEN ALL ROCK WEIRS. 308 176046.22 1311508.55 103.97 VALVE 801 176197.98 1311583.90 117.0 BRK 309 176064.14 1311509.30 105.34 INLET STIR 802 176174.10 1311581.65 117.1 BRK APPROX 1/2 to 2/3 OF ROCK HEIGHT SHOULD BE 310 176049.43 1311510.58 110.65 WEIR 803 176157.04 1311581.92 116.8 BRK EXPOSED. SEE PHOTOS OF PREVIOUS CLEANING. 311 176041.57 1311501.85 115.18 INLET 804 176093.02 1311581,27 116.2 BRK CITY MAY DIRECT AND ADJUST CLEANING AS NEEDED. 312 176000.13 1311487.44 101.36 WEIR 805 176027.89 1311558.12 115.3 BRK 313 175997.41 1311495.34 107.67 OUTFALL STIR 806 175998.10 1311547.34 114.9 BRK 314 176002.72 1311479.46 107.65 OUTFALL STR 807 175977.92 1311517.33 112.6 BRK 820 315 176007.32 1311489.82 110.62 OUTFALL STR 808 175968.84 1311499.81 108.9 BRK 316 176001.34 1311478.46 106.9 TOE 809 175975.39 1311491.73 107.7 TOP PVC LINER - APPROX LOCATION '� 317 176010.85 1311452.08 107.1 TOE 810 175995.09 1311500.65 108.2 TOP �2 1.0 FT UNDER THE GRAVEL LAYER aq 318 175984.16 1311408.66 105.1 TOE 811 176001.01 1311498.39 110.4 TOE 45 319 175984.16 1311408.66 105.3 TOE 812 176001.01 1311515.74 110.5 TOE LINER EXTENDS UP THE SIDES TO EL 113.2. a CAUTION 320 175992.92 1311386.80 105.6 TOE 813 176001.24 1311535.76 114.4 BRK P / a 321 176013.60 1311406.07 109.8 TOP 814 175984.42 1311395.97 105.29 CL of a \ PVC LINER SHALLOW 322 176022.43 1311391.95 109.8 TOP 815 176028.95 1311401.12 111.94 CL IN UPPER AREA 323 176054.86 1311392.29 113.9 TOP 816 176079.64 1311420.61 114.90 CL J v a3 I HAND DIG TO LOCATE 324 176042.11 1311418.89 114.0 TOP 817 176104.22 1311435.21 115.02 CL a35 / 80, 325 176024.48 1311473.94 114.9 TOP 818 176144.19 1311471.01 114.69 CL CO TYPE I - SOLID 327 176023.11 1311523.85 115.0 TOP 819 176183.44 1311507.48 116.90 CL LID RIM EL. 115.39 83J e,,.� 328 176029.29 1311506.33 115.3 TOP 820 176226.75 1311546.05 120.92 CL I.E. 111.5(18'NE) / e3 / 329 176039.69 1311502.51 114.8 TOP 821 176273.30 1311577.81 123.45 CL LE. 1111.5(18'SW) 9" z ROCK WEIRS 330 176041.20 1311498.15 114.7 TOP 822 176318.58 1311611.35 125.47 CL 331 176034.06 1311490.77 115.1 TOP 823 176170.63 1311532.13 113.08 TOE RX 12' REMOVE SEDIMENT TO BASE GRADES SHOWN 332 176044.24 1311456.33 115.0 TOP 824 176166.56 1311531.16 113.71 TOP RX 333 176051.15 1311449.36 114.9 TOP 825 176163.79 1311532.30 112.23 TOE RX AT TOP OF IMPORT BACKFILL AND UP SIDESLOPES 8a3 % 807 334 176066.85 1311441.69 114.6 TOP 826 176152.37 1311556.44 113.59 TOE RX 20' HAND DIG AS NEEDED TO IDENTIFY PVC LINER 335 176047.94 1311439.51 114.72 TOP CL 827 176149.59 1311554.28 113.90 TOP RX LOCATION. CONTRACTOR RESPONSIBLE FOR 7C/ /---� a4 / 1s 336 176037.36 1311456.62 115.12 TOP CL 828 176148.95 1311553.01 111.68 TOE RX / 83 337 176022.92 1311497.30 115.30 TOP CL 829 176166.41 1311562.24 113.90 TOE RX 16' REPAIRING ANY DAMAGE TO LINER. / ers / B3J 338 176009.69 1311534.43 114.85 TOP CL 830 176163.70 1311558.52 114.48 TOP RX _ 339 176028.04 1311534.93 114.2 TOP 831 176163.07 1311557.89 113.04 TOE RX 826 \ 340 176036.30 1311543.53 114.0 TOP 832 176184.82 1311542.42 113.46 TOE RX 15' 42 341 176100.37 1311567.95 113.6 TOP 833 176180.92 1311540.62 114.73 TOP RX / 4 �'� CAUTION 342 176149.36 1311569.28 114.6 TOP 834 176179.89 1311540.04 113.17 TOE RX 2t1 @q e a" 1 PVC LINER SHALLOW 343 176181.58 1311569.35 114.6 BRK 835 176196.42 1311551.32 114.14 TOE RX 344 176148.18 1311580.27 116.6 RKY 836 176193.56 1311550.19 116.15 TOP RX e a39o�,� I AT UPPER EDGES Q Y� I HAND DIG TO LOCATE 346 1761 4.76 1311581.22 115.9 RKY 838 176202.4 1311564.98 113.38 TOE RX 85°� ° �` I 346 176104.76 1311581.22 115.9 RKY 838 176202.47 1311564.98 113.38 TOE RX 30' _ 347 176081.80 1311576.17 115.4 RKY 839 176200.92 1311564.70 114.60 TOP RX LID RIM EL t t5.07 // RUMP s�0& I 348 176070.34 1311572.71 115.7 RKY 840 176198.69 1311562.98 112.75 TOE RX I.E. 110.0(18'NE) / ea % a 349 176058.09 1311569.23 115.9 RKY 841 176210.52 1311569.98 113.67 TOE RX 5' I.E. 110.0(18'S) / 350 176034.17 1311559.55 115.2 BRK 842 176210.46 1311568.78 114.59 TOP RX 352 176064.73 1311392.27 113.9 TOP 843 176208.81 1311568.94 112.93 TOE RX / as 353 176080.71 1311400.30 114.2 TOP 844 176216.41 1311575.67 114.38 TOE RX 20' 1 354 176095J 6 1311417.94 114.5 TOP 845 176215.54 1311575.85 114.79 TOP RX 355 176100.73 1311410.41 113.0 TOE 846 176214.14 1311574.23 113.73 TOE RX / ao� qre % Q' 356 176085.46 1311393.29 112.1 TOE 847 175986.33 1311460.22 105.42 MH FISHWAY OUTLET / t 'am Q 144 / aseoe 357 176072.34 1311380.63 111.5 TOE 848 176253.25 1311586.95 116.98 SD " STRUCIURE es 3 Q r • ea 358 176039.47 1311376.03 109.9 TOE 850 176133.31 1311511.66 109.7 TOE t 8'N IE=106J2 i t 359 176107.48 1311434.18 115.07 CB 851 176118.39 1311499.00 109.4 TOE 7` V F< 360 176127.30 13114-42.95 114.3 BRK 852 176113.51 1311484.10 109.2 TOE 8'E IE=108.16 1 ; 1mm � / 361 176164.01 1311477.13 115.1 BRK 853 176101.20 1311464.39 109.2 TOE 42'S IE=tOB.t6 , ; •s / 80a 362 176167.95 1311487.81 115.39 CB 854 176061.96 1311466.83 108.8 TOE 363 176189.68 1311503.27 117.1 BRK 855 176051.73 1311497.16 108.5 TOE 364 176225.64 1311537.75 120.6 BRK 856 176041.49 1311515.53 108.8 TOE 365 176252.16 1311567.99 122.5 CB 857 176045.44 1311530.79 109.0 TOE 87e WEIR (304) e m f�m / 366 176248.33 1311573.15 122.4 TOP 858 176105.53 1311552.68 108.9 TOE 367 176208.58 1311542.45 119.6 TOP 859 176131.29 1311553.18 108.9 TOE EL ltt.tl D 'amp / 368 176172.75 1311516.81 115.5 TOP 860 176134.15 1311538.93 109.2 TOE 369 176145.21 1311499.75 114.4 TOP 861 176126.22 1311518.85 108.9 TOE a 370 176123.69 1311493.41 110.9 RAMP 211 176046.57 1311441.09 114.7 CL INT CALC 371 176122.49 1311482.94 110.9 RAMP 864 176398.42 1311682.81 129.3 CL PVC LIN R SEDIMENT BASIN CLEANING AS-BUILT 9/08/04 372 176138.90 1311483.30 114.2 TOP 865 176431.04 1311720.80 132.5 CL /R APPROX. �'ft1e % Q 1 / Bottom Locations by Taping From North Comer 373 176117.50 1311460.32 114.4 TOP 866 1764-45.02 1311737.54 133.E CL 1 / 374 176096.38 1311443.55 114.5 TOP 867 176464.12 1311834.91 133.45 CL LOG 12' o \\ Fgo 855 07 / of Fish Weir and NW Comer of Overflow Spillway. 375 176088.80 1311439.51 114.7 TOP 868 176463.93 1311834.26 133.56 TOP LOG Elevation by Laser Level. 376 176076.49 1311438.70 114.7 TOP 869 176463.64 1311833.42 131.92 TOE LOG r Points R-1 thnl R-10. By D. Carey 377 176160.79 1311523.18 110.9 TOE 870 176463.00 1311831.81 131.74 TOE RX 12' 85'0 l 378 176146.13 1311558.96 110.8 TOE 871 176462.83 1311830.94 132.97 TOP RX L to L to 379 176185.82 1311558.73 112.7 CRK 872 176462.28 1311829.97 131.48 TOE RX j Tup �m / 380 176200.68 1311567.74 113.3 CRK 873 176452.61 1311809.48 130.66 TOE RX 10' Q / Point EL(ft) Fish Weir Spillway 381 176214.61 1311577.01 114.5 CRK 874 176451.42 1311807.70 130.85 TOP RX R1 108.65 41' 50' West Side 384 176253.22 1311585.77 120.45 STRUCT 875 176451.77 1311807.26 129.36 TOE RX °s R2 109.07 ets 1 90' NW End of Basin 385 176253.14 1311587.23 116.46 VALVE 876 176439.76 1311781.75 129.02 CL LOG 10' 109' 386 176253.67 1311589.95 116.47 STRUCT 877 176438.90 1311781.19 129.33 TOP LOG R3 109.23 116' 87' Middle of N End 387 176268.16 1311564.69 122.8 BRK 878 176439.48 1311780.10 126.92 TOE LOG At / SPILLw Y STRUCTURE R4 108.73 115' 77' NE Comer of End 388 176304.36 1311595.15 124.6 TOP 879 176427.24 1311761.17 127.50 TOE RX 9' TOF b F TO / CREST L 112 68' 389 176346.67 1311625.24 125.8 BRK 880 176426.77 1311761.03 127.76 TOP RX ` Ay RS 108.39 101' S2' East Side 390 176386.38 1311660.99 128.5 BRK 881 176426.40 1311760.23 126.51 TOE RX T'Op0 / VAL 8'W IE=106.52 R6 108.53 18.5' 21' o cutout, NE comer 391 176422.03 1311701.30 131.5 BRK 882 176411.05 1311739.33 126.36 TOE RX 11' 8'E IE=709.62 R7 108.07 NE Comer Overflow Spillway B' eAz eA3 R8 107.99 NW Comer Overflow Spillway DATE OF FIELD SURVEYS: BYPASS PIPE INLET Coordinate Table R9 108.15 M. 28' South End STRUCTURE Pt # Northing Easting Elevation Descriptor R#4P 0' 20' / I I 70 B06 0 53 75' 42.5' Center of Basin 220, 223-225 h 231 7/29/97 . 300 SERIES 9/25 97 883 176410.18 1311739.24 126.89 TOP RX 800 SERIES 2/5/98 884 176410.16 1311738.10 125.00 TOE RX 9 SCALE' 1' = 20' 8> % SPILLWAY 885 176398.24 1311720.77 124.99 CL LOG 11' eta % OUTLET ALL SHOTS ARE FINISHED SURFACES 886 176397.69 1311720.10 125.03 TOP LOG $ o STRUCTURE SEDIMENT BASIN CLEANING AS-BUILT 9127199 887 176397.43 1311719.63 123.07 TOE LOG GRAVEL PARKING /y Cleaned Bottom Locations by Taping, Elevation by Level 888 176382.16 1311700.15 122.89 TOE RX 11' Points P-1 thru P-10. 6 y D. Carey 1997-98 BASIN AS-BUILT SURVEY 889 176381.19 1311699.07 123.76 TOP RX s SAN. SEWER MH / ®P1 EL 109.5 P2 EL 108.66 890 176380.97 1311698.37 121.61 TOE RX 891 176365.42 1311682.06 121.86 TOE RX 11' RIM.EL. 105.42 CTR. 2 8°8 892 176364.90 1311681.26 122.28 TOP RX %r:� P3 EL 108.85 P4 EL 109.46 893 176364.27 1311681.16 120.64 TOE RX CHANNEL EL 97.4 A P5 EL 109.33 P6 EL 108.79 894 176350.77 1311668.98 120.82 CL LOG 12' / m NORTH P7 EL 108.82 P8 EL 108.76 895 176350.15 1311668.55 121.01 TOP LOG / Scale: 1 Inch = 20 Feet P9 EL 108.81 P10 EL 108.62 896 176349.91 1311667.78 119.45 TOE LOG 897 176332.20 1311649.26 119.14 TOE RX 9' 8 RECOMMENDED q$ NOTED '"°"7w' ooc 5/8/07 FOR APPROVAL Dc CITY OF MAPLEWOOD CREEK SEDIMENT BASIN BY Daniel Corey 4/09/07 REN TON ww�Dc oATurn 2007 CLEANING&MAINTENANCE PROJECT BY, DC/Rs I awLL+o.c I Planning/Building/Public Works Dept. SEDIMENT BASIN BASE GRADES �w 4 NO. REVISION BY DATE APPR �""iO1ma" � am 4 -4 From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <Dcarey@ci.renton.wa.us>, <fisheldf@dfw.wa.gov> Date: 05/14/2007 7:36:03 AM Subject: Re: Maplewood Sediment Basin -WDFW JARPA OK, Dan, thanks for the update. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 05/11/07 8:48 AM >>> Hi Larry, I mailed a new JARPA and plans to you on 5/9 for cleaning the Maplewood Basin, Flow Splitter, and the minor shrub cutting and sediment removal in the main channel. I called the Army Corp and was told we will have to submit an updated JARPA to add gravel to the creek, as we did in 2004. They may be able to approve it directly, or may need to have other agencies(National Marine Fisheries) review it before they can issue a Nation Wide Permit. Because they stated earlier(-2002)that they did not need to issue a permit for cleaning the sediment basin, I will prepare a separate JARPA for gravel placement only for Corp review, and will send you a copy when I submit it to the Corps. Thanks, Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 04/05/07 4:05 PM >>> Hi Dan: To be on the safe side, I suggest including that in the ap. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 04/05/07 1:34 PM >>> Hi Larry, I'm starting to work on the JARPA for sediment basin cleaning this year. I've noticed that the shrubs in the overflow channel, downstream of the splitter structure and farther down in the dry channel, are accumulating and getting denser. They could inhibit flow during a flood event when the overflow channel is in use. Do we need to have an HPA to thin and remove the shrubs in the dry From: Daniel Carey To: LARRY FISHER Date: 05/11/2007 8:48:35 AM Subject: Maplewood Sediment Basin -WDFW JARPA Hi Larry, I mailed a new JARPA and plans to you on 5/9 for cleaning the Maplewood Basin, Flow Splitter, and the minor shrub cutting and sediment removal in the main channel. I called the Army Corp and was told we will have to submit an updated JARPA to add gravel to the creek, as we did in 2004. They may be able to approve it directly, or may need to have other agencies (National Marine Fisheries) review it before they can issue a Nation Wide Permit. Because they stated earlier (-2002) that they did not need to issue a permit for cleaning the sediment basin, I will prepare a separate JARPA for gravel placement only for Corp review, and will send you a copy when I submit it to the Corps. Thanks, Daniel >>> "Larry Fisher" <fisheldf(aD_DFW.WA.GOV> 04/05/07 4:05 PM >>> Hi Dan: To be on the safe side, I suggest including that in the ap. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey(�ci.renton.wa.us> 04/05/07 1:34 PM >>> Hi Larry, I'm starting to work on the JARPA for sediment basin cleaning this year. I've noticed that the shrubs in the overflow channel, downstream of the splitter structure and farther down in the dry channel, are accumulating and getting denser. They could inhibit flow during a flood event when the overflow channel is in use. Do we need to have an HPA to thin and remove the shrubs in the dry portion of the channel? If so, can I put that work in the draft JARPA I'm working on. Thanks, Daniel CC: Kelly Beymer y-2 �-o7 L—Grry P'i(tw�r D L"i CA/c� J r cle c✓ !ems/ii, . �j)/% �✓r .1'�r�,� ✓1 y�l`R�.l�f'j /�[r�?u»�'� /f'I�rrti�i1 o Z S Gy , e _/f 4;,7>ro (4/ � l/Nf✓d /r/%�G�r. d C�ir n n�:�/ ��1 r L f o �� C o u iJ� . -_ -_ -- -- 1= 6 �� Ja��c, fa��,, •f !^.c ,ru/� �c 4! � W�FG� fit �., t / l � Ap-c h})� Jh�G wlr� eXGn�/ll ) 0V � -Ico�7aJ, l a.jv.e 61 nGL Ok (th,�✓c Gt1c r l'�7 / 77iT G6✓r�r� J4,14re a C✓c r G ib Gis/ CIoJJ1-J LlA✓t 6 /4v- r(,f4.•i D+t rrn^D�C W,'llvi„f-." 7"��'7 Tw�rd✓a` CraJJi� !7`�`uy Tvo ------ - lvk/l rt it 4f)rJ /Yalnc��rc' C'rrr� -`�u'• 5tG M / � 5p i7'cr Per �-r From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <Dcarey@ci.renton.wa.us> Date: 04/05/2007 4:07:17 PM Subject: Re: Maplewood Sediment Basin Q Hi Dan: To be on the safe side, I suggest including that in the ap. Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 04/05/07 1:34 PM >>> Hi Larry, I'm starting to work on the JARPA for sediment basin cleaning this year. I've noticed that the shrubs in the overflow channel, downstream of the splitter structure and farther down in the dry channel, are accumulating and getting denser. They could inhibit flow during a flood event when the overflow channel is in use. Do we need to have an HPA to thin and remove the shrubs in the dry portion of the channel? If so, can I put that work in the draft JARPA I'm working on. Thanks, Daniel From: Daniel Carey To: LARRY FISHER Date: 04/05/2007 1:34:30 PM Subject: Maplewood Sediment Basin Q Hi Larry, I'm starting to work on the JARPA for sediment basin cleaning this year. I've noticed that the shrubs in the overflow channel, downstream of the splitter structure and farther down in the dry channel, are accumulating and getting denser. They could inhibit flow during a flood event when the overflow channel is in use. Do we need to have an HPA to thin and remove the shrubs in the dry portion of the channel? If so, can I put that work in the draft JARPA I'm working on. Thanks, Daniel 3- /1-0: �3 From: Daniel Carey To: Larry Fisher Date: 03/19/2007 1:14:26 PM Subject: Re: 2007 Maplewood Sediment Basin Cleaning Thanks Larry, I'll take a look at the old JARPA, make any modifications needed, and send it and the plans to you. Daniel >>> "Larry Fisher" <fisheldf@DFW.WA.GOV> 03/19/07 7:34 AM >>> Hi Dan: An HPA number can last up to 5 years, so this one expires 6/18/07. A new HPA will need to be issued. You can probably change the date on the existing JARPA and use the same plans and SEPA. Let me know if you want to have a field meeting to address any atypical concerns. The ap can be sent directly to me in Bellevue. Thank you Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey()ci.renton.wa.us> 03/16/07 10:14 AM >>> Hi Larry, The flood event in November 2006 filled the Maplewood sediment basin with sediment so it needs to be cleaned out this year. If you remember, Chris Munter handled the last cleaning in 2004 and you reissued the HPA at that time. (He has since left the City). Date of Issue: April 30, 2003 Log Number: ST-F4720-03 I thought the HPA was valid through this year, but I just checked it and found that it says the work can range between June 15 to September 15, 2003 through 2006, and shall be completed by June 19, 2007. We plan to clean the sediment basin and splitter structure between July-September this year. Cleaning will follow the typical procedures in our operations manual, and as we have done in the past cleanings. A diversion will be constructed above the sediment basin and water will be diverted into the diversion pipe on the west side of the basin. I expect to remove about 1000 to 1400 cy of accumulated sediment. We will be sure to walk the basin and lower creek immediately after the creek is diverted to rescue any stranded fish. The fish will be transferred to the upstream and down stream sections of the creek. Can you issue an updated HPA to the City (with me as the representative) for the basin cleaning to cover this year, and potential the next cleaning. If possible that could be through September 15 2011? Do you need me to submit a JARPA for the updated HPA? 3 -/7-v-�A_ From: "Larry Fisher" <fisheldf@DFW.WA.GOV> To: <Dcarey@ci.renton.wa.us> Date: 03/19/2007 7:35:20 AM Subject: Re: 2007 Maplewood Sediment Basin Cleaning Hi Dan: An HPA number can last up to 5 years, so this one expires 6/18/07. A new HPA will need to be issued. You can probably change the date on the existing JARPA and use the same plans and SEPA. Let me know if you want to have a field meeting to address any atypical concerns. The ap can be sent directly to me in Bellevue. Thank you Larry Fisher WDFW c/o DOE 3190 - 160th Ave. SE Bellevue, WA 98008 425-649-7042 FAX 649-7098 >>> "Daniel Carey" <Dcarey@ci.renton.wa.us> 03/16/07 10:14 AM >>> Hi Larry, The flood event in November 2006 filled the Maplewood sediment basin with sediment so it needs to be cleaned out this year. If you remember, Chris Munter handled the last cleaning in 2004 and you reissued the HPA at that time. (He has since left the City). Date of Issue: April 30, 2003 Log Number: ST-F4720-03 I thought the HPA was valid through this year, but I just checked it and found that it says the work can range between June 15 to September 15, 2003 through 2006, and shall be completed by June 19, 2007. We plan to clean the sediment basin and splitter structure between July-September this year. Cleaning will follow the typical procedures in our operations manual, and as we have done in the past cleanings. A diversion will be constructed above the sediment basin and water will be diverted into the diversion pipe on the west side of the basin. I expect to remove about 1000 to 1400 cy of accumulated sediment. We will be sure to walk the basin and lower creek immediately after the creek is diverted to rescue any stranded fish. The fish will be transferred to the upstream and down stream sections of the creek. Can you issue an updated HPA to the City (with me as the representative) for the basin cleaning to cover this year, and potential the next cleaning. If possible that could be through September 15 2011? Do you need me to submit a JARPA for the updated HPA? Thanks, Daniel Carey, Project Manager Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 .3 -16 -0 4 From: Daniel Carey To: LARRY FISHER Date: 03/16/2007 11:14:30 AM Subject: 2007 Maplewood Sediment Basin Cleaning Hi Larry, The flood event in November 2006 filled the Maplewood sediment basin with sediment so it needs to be cleaned out this year. If you remember, Chris Munter handled the last cleaning in 2004 and you reissued the HPA at that time. (He has since left the City). Date of Issue: April 30, 2003 Log Number: ST-F4720-03 I thought the HPA was valid through this year, but I just checked it and found that it says the work can range between June 15 to September 15, 2003 through 2006, and shall be completed by June 19, 2007. We plan to clean the sediment basin and splitter structure between July-September this year. Cleaning will follow the typical procedures in our operations manual, and as we have done in the past cleanings. A diversion will be constructed above the sediment basin and water will be diverted into the diversion pipe on the west side of the basin. I expect to remove about 1000 to 1400 cy of accumulated sediment. We will be sure to walk the basin and lower creek immediately after the creek is diverted to rescue any stranded fish. The fish will be transferred to the upstream and down stream sections of the creek. Can you issue an updated HPA to the City (with me as the representative) for the basin cleaning to cover this year, and potential the next cleaning. If possible that could be through September 15 2011? Do you need me to submit a JARPA for the updated HPA? Thanks, Daniel Carey, Project Manager Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email: dcareyCa)ci.renton.wa.us HYDRAULIC PROJECT APPROVAL State of Washington DDe 0( RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office FISH and 16018 Mill Creek Boulevard MUR Mill Creek,Washington 98012 DATE OF ISSUE: April 30,2003 LOG NUMBER: ST-F4720-03 This Hydraulic Project Approval(HPA),which now supersedes all previous HPAs for this project,is a change of the original HPA issued June 19,2002 and last modified July 16,2002,to address issues recently identified by the Area Habitat Biologist(AHB). PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton Surface Water Utility Not Applicable " s' ATTENTION:Chris Munter u Iv 1055 South Grady Way-5`h floor Renton,Washington 98055 - ttt i-14 (425)430-7205 �.1�i1_t(Y PROJECT DESCRIPTION: Maintenance of Permanent Fixed Fresh Water On Bed Natural Earth Gravel Channel Modification Dredging Bed Load Traps=>800 Cubic Yards PROJECT LOCATION: Maplewood Golf Course,4050 Maple Valley Highway,Renton, Washington 47.4743 North Latitude, 122.1638 West Longitude # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0302 Maplewood Creek Cedar River SW 15 23 North 05 East King PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by June 19,2007, provided that work below the ordinary high water line(OHWL)shall occur between June 15 and September 30, 2002 or between June 15 and September 15,2003 through 2006,unless otherwise approved by the AHB. 2. Work shall be accomplished per plans and specifications entitled,"OPERATIONS AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL",dated September 1999,and submitted to the Washington Department of Fish and Wildlife(WDFW),except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. The sediment basin and fish channel shall be maintained by the City of Renton per RCW 77.55.060 to ensure continued,unimpeded fish passage. If the structure becomes a hindrance to fish passage,the City of Renton shall be responsible for providing prompt repair under this HPA. Financial responsibility for maintenance and repairs shall be that of the City of Renton. NOTE: At the time of the previous WDFW AHB inspection,there was a large angular rock which was installed by the City blocking fish passage midway between the sediment pond and flow splitter which needs to be altered so the blockage is removed. This rock has resulted in an approximate two foot drop,which hinders fish passage. This rock shall be relocated as discussed in the April 29,2003 site review during the allowed timing limitations(Provision 1)prior to September 15,2003. 4. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington of RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife DepartwntRegion 4 Office FISH and 16018 Mill Creek Boulevard WOLN Mill Creek,Washington 98012 DATE OF ISSUE• April 30 2003 LOG NUMBER: ST-F4720-03 6. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 8. Prior to releasing the water flow to the project area,all dredging shall be completed. 9. Releasing of water back in to the pond shall be done slowly, so that approximately 3/4 of the water flows through the bypass until the pond is full,to prevent dewatering of the stream and loss of fish life. 10. Upon completion of maintenance activities,all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. 11. Due to interception of spawning gravels in the sediment basin, spawning gravels shall be supplemented in the fish channel downstream of the sediment basin,as determined to be necessary by the WDFW AHB at the time of each sediment basin maintenance dredging. During the April 29,2003 site review,the WDFW AHB determined that w 25 cubic yards of spawning size gravels need to be added to the channel downstream of the sediment pond. o Fifteen to twenty cubic yards of this material shall be added downstream of the flow splitter in the pools N downstream of the log weirs. r 12. The permittee shall capture and safely move food fish,game fish,and other fish life from the job site. The permittee Q— shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water,and assistance may be granted if personnel are available. 13. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.55.040. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 14. Dredged streambed materials shall be disposed of upland so they will not re-enter state waters. 15. Equipment shall be operated to minimize turbidity. During excavation,each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the stream. 16. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. 17. If at any time, as a result of project activities, fish are observed in distress,a fish kill occurs,or water quality problems develop(including equipment leaks or spills),operations shall cease and WDFW at(360) 534-8233 and Washington Department of Ecology at(425)649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington 'Win'of RCW 77.55.100-appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife u Region 4 Office FISH n„d 16018 Mill Creek Boulevard {YOUR Mill Creek,Washington 98012 DATE Of' ISSUE: Aril 30, 2003 LOG NUMBER: ST-174720-03 18, Frosion control methods shall be used to prevent silt-laden water from flowing downstream. These may include,but arc not limited to, straw bales, filter fabric,temporary sediment ponds, check dams of pea gavel-filled burlap bags or other material,and/or immediate mulching of exposed areas. 19. Prior to starting work,temporary filter fabric, straw bale, or pea gavel-filled burlap bag check dam(s)shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s)after completion of work. 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 21. If high flow conditions that may cause siltation are encountered during this project,work shall stop until the flow subsides. 22. Extreme care shall be taken to ensure that no petroleum products,hydraulic fluid, fresh cement, sediments, sediment- laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into downstream state waters. SEPA: DNS by City of Renton final on February 1996. APPLICATION ACCEPTED: April 29, 2003 ENFORCEMENT OFFICER: Boone 030 I P21 0--/�� for Director Larry Fisher (425)649-7042 WDFW Area Habitat Biologist cc: WDFW,Burns GENERAL PROVISIONS This Hydraulic Project Approval(HPA)pertains only to the provisions of the Fisheries Code(RCW 77.55). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s)performing the work. This HPA does not authorize trespass. The person(s)to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. Page 3 of 4 . HYDRAULIC PROJECT APPROVAL State of Washington lkpa'h, C� RCW 77.55.100 -appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office FISH and 16018 Mill Creek Boulevard WHILIFF Mill Creek,Washington 98012 DATE OF ISSUE: April 30,2003 LOG NUMBER: ST-F4720-03 All IIPAs issued pursuant to RCW 77.55.100 are subject to additional restrictions,conditions or revocation if the Department of Fish acid Wildlite determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such 111ixlilica(ions shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.130. APPEALS-GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT'fO RCW 77.55.100, 77.55.103, 77.55.106,AND 77.55.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of. (A) The denial or issuance of a HPA,or the conditions or provisions made part of a HPA;or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level,but if not,you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North,Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal,a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA,or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties;or (C) Any other"agency action"for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North, Olympia,Washington 98501-1091,shall be plainly labeled as"REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.103 or 77.55.160: A person who is aggrieved or adversely affected by the denial or issuance of a HPA,or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE,Building Two-Rowe Six,Lacey,Washington 98504;telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 Help• Page 1 of 2 v u One-Stop E-Permitting E,nviront,�ental • ;.sue %.ob 54A Permitting Services Service If you need additional assitance please contact the One-Stop Service Center by phone at (800) 917-0043, or (360) 407-7037, or by email at assistance@ora.wa,cov. Question 7.d. For in-water construction work, will your project be in compliance with the State of Washington water quality standards for turbidity (WAC 173-201A-110)? General Guidance: Describe the specific activities that may not meet the turbidity standard and the actions to be taken to minimize the turbidity exceedances. You will also need to prepare and submit for approval a Water Quality Monitoring Plan. ■ For guidance related to turbidity,go to EPA Guicicince Manual,_Turbidity Provisions. / ■ Chapter 173 201 A WAC._provides information on water quality standards for surface waters of Washington State. too- 919-b'043 For in-water activities the water downstream of the activity is allotted a temporary mixing zone(100 ft, 200 ft,300 ft, dependent on how fast the water is flowing and measured in cubic feet per second)at the edge of the mixing zone the water must have the same visual clarity as the water upstream of the project impact site(the water cannot be greater than 5 NTUs above the background water). The following section from WAC 173-201A-110 authorizes the turbidity mixing zone. All work in or near the water, and water discharged from the site shall meet the State's Water Quality Standards, WAC 173-201A. A temporary mixing zone for turbidity is authorized within WAC 173.201A-030 during and immediately after necessary in-water or shoreline construction activities that result in the disturbance of in- place sediments. Use of a turbidity mixing zone is intended for brief periods of time(such as a few hours or days)and is not an authorization to exceed the turbidity standard for the entire duration of the construction. Use of the mixing zone is subject to the constraints of WAC 173-201A-100(4)and { (6), requiring an applicant have supporting information that indicates the use of the mixing zone shall not result in the loss of sensitive or important habitat,substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health.The mixing zone is authorized only after the activity has received all other necessary local and state permits and approvals,and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. Within the mixing zone,the turbidity standard is waived,and all other applicable water quality standards shall remain in effect. The mixing zone is defined as follows: 1. For waters up to 10 cfs flow at time of construction,the point of compliance shall be 100- feet downstream of project activities. http://one-stop jarpa.org/DesktopModules/help2.aspx?Node=780&Project=273 04/05/2007 Help, Page 2 of 2 2. For waters above 10 cfs up to 100 cfs flow at time of construction,the point of compliance shall be 200-feet downstream of project activities. 3. For waters above 100 cfs flow at the time of construction,the point of compliance shall be 300 feet downstream of project activities. 4. For projects working within or along lakes,ponds, wetlands,estuaries, marine waters or other non- flowing waters,the point of compliance shall be at a radius of 150-feet from the activity causing the turbidity exceedance. Additional Guidance: http://one-stop jarpa.org/DesktopModules/help2.aspx?Node=780&Project=273 04/05/2007 Joint Aquatic Resource Permit Rfivubbry STAsslakanniME ` d Application (DARPA) ,information Nidket This Information Packet contains the following resources to help you complete and submit your Joint Aquatic Resource Permit Application (JARPA) form: Introductionand Process Overview......................................................................................................1 Summary of Questions to Ask Local Government or Planning Department...................................5 SiteMaps and Drawings ........................................................................................................................7 SampleWetland Mitigation Table........................................................................................................9 One Last Review Before You Submit Your JARPA Package..........................................................II • • • • Proc6ss Overview Introduction To streamline the environmental permitting process, multiple regulatory agencies joined forces to create one application that people can use to apply for more than one permit at a time. It is titled, "Joint Aquatic Resources Permit Application (DARPA)". You can use the JARPA form to apply for any or all of the permits below: Federal ■ Section 10 and Section 404 permits from the U.S. Army Corps of Engineers (Corps). ■ General Bridge permits and Private Aids to Naviaation Permits PATON) from the U.S. Coast Guard. State ■ 401 Water C uality Certifications from the Department Ecology. ■ 1lvclraulic Project Approvals from the Department of Fish and Wildlife. ■ Use Authorizations for State-Owned Aquatic Lands from the Department of Natural Resources. Local(City or County) ■ Shoreline Conditional Use Permit ■ Shoreline Substantial Development Permit MIMI, r • III ■ Shoreline Variance ■ Shoreline Exemption ■ Shoreline Revision Process Overview Below is an overview of things to keep in mind as you go through the JARPA process. Before You Start ✓ Make sure you have a clear plan in mind for your project. Just like when you apply for a building permit,you must know what you plan to do before you start to fill out the application. This includes drawings with dimensions, etc. ✓ Give yourself plenty of time. There are many steps and requirements in the DARPA. It will take some time to complete the application and gather the information you need.Use the most current version of the DARPA. We will update the JARPA as needed so it is important for you to make sure you use the most current version. See http://w-ww.epermitting.ora/site/alias resourcecenter/jarpa iarpa form/9984/jarpa form.aspx. ✓ Contact the local city or county government. Not all cities and counties accept the JARPA for their local shoreline permits. Use the "Summary of Questions to Ask Local Government at http://www.epermitting.org under the JARPA Form tab. This will save you from making multiple phone calls to your local government. ✓ Contact your local planning department. Find out if your project falls under the jurisdiction of the Critical Areas Ordinances and the National Flood Insurance Program. If it does you may be able to use the DARPA. ✓ Contact each agency making permitting decisions. Most agencies will require more information or materials not specifically required in the DARPA. Early coordination with all of the regulatory agencies may prevent delays in the processing of your application. ✓ Work with the local Fish and Wildlife Area Habitat Biologist(AHB)early in the process. They will help you identify any special constraints, habitat guidelines, or issues that may crop up during fish habitat and aquatic permit projects. A list of AHB names and phone numbers is available online at http://www.wdfNv.wa.gov/hab/ahb. When You Fill-In the JARPA ✓ Make sure to check the box next to each permit you think you will need. You will need to send a signed copy of the application to all the agencies associated with the boxes you checked. ✓ If you need help figuring out just which permit you need seethe Get Help section on page 3. ✓ Be very detailed and specific; more information is better than less. Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (JARPA)Information Packet 2 ✓ Make sure your site maps and drawings are consistent with the written description you give on the application. ✓ Check out our on-line glossary for definitions to words that are new to you. If you can't find the word you are looking for, let us know and we will add it to the glossary. ✓ Please put N/A in any questions that do not apply to your project. Don't just leave it blank. ✓ Go to http://Nvww.epermitting.org for helpful handouts, checklists and the resource library. If you can't find what you need,call us. We are happy to help. ✓ Use the help screens for each and every question, even if you don't think you need to. ✓ Use the Checklist to make sure you have everything you need to submit a complete application package. If you think we should add something, let us know. ✓ While you only need to complete one application we do require original signatures for all of the applications you submit to each individual agency. This means you must first make copies of the application then sign each copy with your original signature. Agencies will not accept applications with a copied signature. ✓ Understand that when you sign the application you give permission to the agencies that you are applying for a permit from,the right to enter the property where your project is located. This is to inspect the proposed, in-progress, or completed work. You also agree to start work ONLY after you get all of the necessary permits. What To Expect After You Submit Your Application ✓ Most agencies will require more information not specifically required on the application. It is not until they start the review process that they can find out what other information they need to make a decision about your permit. ✓ If you get a letter from an agency requesting more information, respond with a letter of acknowledgement as soon as possible. This will help prevent further delays. ✓ If changes are made to the project or site plans during the permitting process, send the updated information to each permitting agency. If you don't it may delay getting your permits, project construction or worst you may get a penalty. ✓ Call us if you have any questions or concerns. We are happy to help you. New DARPA Help Feature The new electronic version of the JARPA has a great help screen feature for each question. Each screen will give you instructions to help you create a complete application packet. To take advantage of this new feature you must have an Internet connection as you fill in the application. We know the application is complicated so we have done our best to anticipate your questions in the help screens. We will update the help screens and the One-Stop E-Permitting Services Web site (http:%../www.epermitting.org) as new information becomes available. Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (JARPA) Information Packet 3 For Additional If you need help filling in the application or want to give us your suggestions, contact our Environmental Permitting Service Center or visit any of the Web sites listed below. Environmental Permitting Center Staff at the Service Center can help you figure out what permits you need,help you through the process and give you contacts for the people at the local, state, and federal offices that can help you. Location: Washington State Department of Ecology 300 Desmond Street, SE, Lacey WA Hours: 9:00 a.m.to 4:00 p.m. (Mon. through Fri.) Call: (360)407-7037 or 1-800-917-0043 Email: assistanceL&ora.wa.gov Web: http://www.ora.wa.gov One-Stop E-Permitting Services New Web site with guidance for Washington's environmental permitting processes. Currently, only JARPA guidance is available. littt.)://www.epeniiitting.org On-Line Permit Assistance System Find out what permits you may need for your project. http://apps.ecy.wa.gov/opas Environmental Permit Handbook Look here for the most current permit information. http://apps.ecy.wa.,ov/perm ithand book Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (DARPA) Information Packet 4 • A?M- FRIMM,MT .1M. - MMMIP,MIRM • ! - • .1111"M Ill Use the spaces below to make note of the date, the person you spoke with, and their answers. 1. Do they accept the JARPA?Not all cities/counties accept the JARPA form for their local shoreline permits. 2. Does your project fall under the jurisdiction of the Critical Areas Ordinances and the National Flood Insurance Program and if so, can you use the JARPA? If your project does fall under either of these laws you may be able to use the JARPA form. 3. What is the 1\4 Section, Section,Township,Range, Government Lot, Latitude,Longitude and the Tax Parcel number for the property? Ask your local planning department information required for question 5 thru 5i. It may also be located on the property deed or you can determine the section, township, and range per Water Resource Inventory Area(WRIA)* at: http://wwvv.ecy'.wa.gov/services,/gis/maps`Nvria/townships/trs.litm. The Department of Ecology and other state resource agencies frequently use a system of 62 "Watershed Resource Inventory Areas"or"WRIAs"to refer to the state's major watershed basins. Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (JARPA) Information Packet 5 4. What is the Shoreline Designation of the proposed activity location?These are assigned by local governments and listed in their local Shoreline Master Programs. Find your local government contact information at: http://-vvw« ecv.wa.gov/programs/sea/SMA/local p tannin g/index.htm1. Also ask about public notice requirements for shoreline management compliance. 5. What is the zoning designation of the property? Zoning designation examples include Residential, Rural,Agricultural, and General Commercial. Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (DARPA) Information Packet 6 Site • • Drawings You must include site maps and drawings for an application to be considered complete. The U.S. Army Corps of Engineers(Corps) requires 8 '/2" x 11" black and white drawings for fax and public notice purposes. Drawings have to be clear and legible,so reductions of larger versions may not be suitable. You may submit larger drawings in addition to the 8 ''/z"x 11 that are more legible and easier to discern. This could speed up the review process. ■ Follow the Guidance for Completion of Drawings available at the Corps' website. See also Washington Department of Fish and Wildlife (WDFW) guidance for a complete application here. ■ Remember there are at least three types of illustrations required: o Vicinity map o Plan view (bird's eye view) o Cross-sectional view ■ Include photographs of the site if possible. Aerial photos and photos looking toward the shoreline from the water are particularly helpful. ■ Show upland features of the project site in addition to the work water ward of the OHWM. ■ Consider creating the drawings so the vertical skew or exaggeration is scaled to the horizontal (e.g. vertical exaggeration to horizontal is 1:10) and skewing the scale to the cross-section profiles. ■ For joint-use structures (structures to be used by more than one property owner) provide a site map showing the location of the different joint-use properties. ■ The Washington Department of Fish and Wildlife (WDFW)requires general plans for the overall project, complete plans and specifications for the proposed construction, and complete plans and specifications for the proper protection of fish life. Typically for the specific plans, WDFW requires"plan profile (bird's eye view) and section"views. They do not limit the size to 8 '/2" x I I"that the Corps does. Check this website http:/`www/wdfkv.wa.�,ol/hahr_htia criteria.litm for a brief discussion of what WDFW needs for"complete plans and specifications for proper protections of fish life." Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (JARPA)Information Packet 7 Sample • Mitigation Table If wetlands are present, include a Mitigation Table like the one below. The table should include: ✓ Area(sq. ft) ✓ Cowardin Classification' ✓ Ecology ratin�,',2 ✓ Impacts(sq. ft) ✓ Compensation o Reestablishment or Creation ■ Areas and Ratios ✓ Rehabilitation o Areas and Ratios ✓ Enhancement o Areas and Ratios Compensation Wetland Area (sq Cowardin Ecology Impacts ft) Classification Rating (sq ft) Reestablishment Rehabilitation Enhancement or Creation Area Ratio Area Ratio Area Ratio A 43,662 PSS II 18,654 18,654 1:1 74,616 4:1 B 10,378 PFO II 1,078 3,234 3:1 C 8,374 PEM IV 8,374 25,122 3:1 Total 54,040 19,732 21,888 25,122 74,616 1 The Cowardin classification system categorizes wetlands by hydrologic regime,vegetation type,and substrate. See http•//w%vw nVNNTc ust;s >ov/resource/wetlands/Classwet/index.litm. 2 The Washington State Wetland Rating System categorizes wetlands based on specific attributes such as rarity,sensitivity to disturbance,and functions. Western Washington,see littp•%hvww ccti wai,-,ov�ubs/0406025 pdt: Eastern Washington,see http://www.ecy.wa.gov/pubs/0406015.pdf Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (JARPA) Information Packet 9 iOne Last Review Before You • Your • Did you: ❑ Answer all of the questions, and put N/A in the space when the question didn't apply to your project? ❑ Prepare for any application fees that may apply? ❑ Make copies of the completed JARPA form(as well all related attachments) for all agencies and your records? This may include: o Local Government o WA Department of Fish and Wildlife (Submit 3 copies to WDFW Region) o WA Department of Ecology(Submit to Regional Office- Federal Permit Unit) o WA Department of Natural Resources o Army Corps of Engineers o US Coast Guard ❑ Sign and date all copies of the application? This includes signatures for the applicant, landowner (if different from applicant), and authorized agent(if applicable). Original signatures only! ❑ Document the date you submitted the JARPA to all agencies? Remember to include: ❑ Documents that show you are in compliance with SEPA. You must complete the SEPA process before a decision can be made about your permits. ❑ A water quality monitoring plan for in-water activities. ❑ Drawings and site maps consistent with your written descriptions. ❑ If wetlands are present, a Delineation/Function Assessment Report that contains: o Qualitative Description of wetlands(s) and ownership. o Total size of the wetland(s)and area(s)to be impacted. o Function assessment analysis. ❑ Wetland delineation and mitigation plan and table, if wetlands are present. ❑ Revegetation plan for impacts to shoreline and/or riparian vegetation. ❑ Stormwater Management plan for those projects not covered under a separate NPDES permit. Governor's Office of Regulatory Assistance Joint Aquatic Resource Permit Application (JARPA) Information Packet 11 401 Water Quality Certification: If you checked the box for a 401 Water Quality Certification,the Washington Department of Ecology can not make a final decision without the following: Federal Action that triggers the requirement for 401 ❑ Corps Public Notice for Individual Section 404 and Section 10 Permit ❑ Corps Nationwide Permit coverage letter ❑ Coast Guard Public Notice for Bridge Permit Completion of public notice requirement(WAC 173-225) ❑ Copy of Joint Federal Agency/Ecology Public Notice ❑ Copy of Ecology Public Notice Completion of the State Environmental Policy Act(SEPA) ❑ Name of Lead Agency ❑ SEPA Decision: DNS, MDNS, FEIS, Adoption or Exemption ❑ Decision Date(end of comment period) Project disturbing one(1)acre or more of soil ❑ Construction Stormwater Permit may be required Other things the Washington Department of Ecology may request but are not required to issue a 401 Certification: ❑ If your project is within shoreline jurisdiction Ecology may request documentation of Shoreline process and decisions by local government. ❑ Hydraulic Project Approval (HPA). ❑ Critical or Sensitive Areas Ordinance. ❑ Flood Plain Management Ordinance. Note:We will update this checklist to include other,permit specific information when they become available. Be sure to use the most current version available at http://www.e-pemiitting.org. If you need this publication in an alternate format,please call the Office of Regulatory Assistance at 800-917- 0043. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. Printed on 11/15/2006 E G,;,i oJ r From: "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 01/30/2008 9:36:41 AM Subject: RE: Ecology Permit- RE: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Daniel, Yes, the 2007 authorization is valid for the water quality certification. You do not need anything additional from Ecology. Thanks, Lori -----Original Message----- From: Daniel Carey[mailto:Dcarey@ci.renton.wa.us] Sent: Wednesday, January 30, 2008 9:31 AM To: Enlund, Lori (ECY) Cc: Amy S NWS Klein Subject: Ecology Permit- RE: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Hi Lori, A copy of Amy's response is below. The Corp permits are still valid so we will clean the basin again in 2008 under them. The cleaning extent and procedures will be the same as in 2007. Per your response we will use the same 2007 Ecology determination for the 2008 cleaning. Let me know if you have any questions. Thanks, Daniel Carey -------------------------------------------------- -------------------------------------------------- >>> "Klein, Amy S NWS" <Amy.S.Klein@usace.army.mil> 01/23/08 9:34 AM >>> Under this circumstance, go ahead and use the permit authorization again since it is still valid. Be sure to follow all terms and conditions. will add this e-mail and the photos you submitted to your project file for future reference. Amy Amy S. Klein Regulatory Program U.S. Army Corps of Engineers -Seattle District --------------------------------------------------- --------------------------------------------------- >>> "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> 01/30/08 8:25 AM >>> Daniel, I don't think I ever responded here. If the Corps permit is still valid, you don't need anything with Ecology. If you need to reauthorize From: Daniel Carey To: Lori (ECY) Enlund Date: 01/30/2008 9:30:46 AM Subject: Ecology Permit- RE: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Hi Lori, A copy of Amy's response is below. The Corp permits are still valid so we will clean the basin again in 2008 under them. The cleaning extent and procedures will be the same as in 2007. Per your response we will use the same 2007 Ecology determination for the 2008 cleaning. Let me know if you have any questions. Thanks, Daniel Carey -------------------------------------------------- -------------------------------------------------- >>> "Klein, Amy S NWS" <Amy.S.Klein(a)-usace.army.mil> 01/23/08 9:34 AM >>> Under this circumstance, go ahead and use the permit authorization again since it is still valid. Be sure to follow all terms and conditions. will add this e-mail and the photos you submitted to your project file for future reference. Amy Amy S. Klein Regulatory Program U.S. Army Corps of Engineers-Seattle District --------------------------------------------------- --------------------------------------------------- >>> "Enlund, Lori (ECY)" <1enl461@ECY.WA.GOV> 01/30/08 8:25 AM >>> Daniel, I don't think I ever responded here. If the Corps permit is still valid, you don't need anything with Ecology. If you need to reauthorize the Corps permit, you may need to come to Ecology, so let me know what the reauthorization letter says. Thanks, Lori -----Original Message----- From: Daniel Carey fmailto:Dcarey(a),ci.renton.wa.usl Sent: Wednesday, January 23, 2008 9:26 AM To: Amy S NWS Klein Cc: Ronald Straka; Enlund, Lori (ECY) Subject: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Hi Amy, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. We will need to do the entire cleaning project again in 2008. The Army Corps of Engineers June 29, 2007 letter authorizing the work stated that the NWP authorization was valid for 2 years after the date of the letter. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. Can the City use the June 29, 2007 authorization and NWP's to perform the cleaning in 2008? Let me know if you have any questions. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 Email: dcareyCa)ci.renton.wa.us CC: Amy S NWS Klein E(_0("17 I -3o- From: "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 01/30/2008 8:27:34 AM Subject: RE: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Daniel, I don't think I ever responded here. If the Corps permit is still valid, you don't need anything with Ecology. If you need to reauthorize the Corps permit, you may need to come to Ecology, so let me know what the reauthorization letter says. Thanks, Lori -----Original Message----- From: Daniel Carey[mailto:Dcarey@ci.renton.wa.us] Sent: Wednesday, January 23, 2008 9:26 AM To: Amy S NWS Klein Cc: Ronald Straka; Enlund, Lori (ECY) Subject: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Hi Amy, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. We will need to do the entire cleaning project again in 2008. The Army Corps of Engineers June 29, 2007 letter authorizing the work stated that the NWP authorization was valid for 2 years after the date of the letter. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. Can the City use the June 29, 2007 authorization and NWP's to perform the cleaning in 2008? Let me know if you have any questions. Thanks, Daniel Carey Renton City Hall -5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 Email: STATE.O� v a x n 1889 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest R July 10, 2007 EXAMPLE — 2007 Permit 2009 Permit should be similar. Daniel Carey CITY OF RENTON a N City of Renton Surface Water Utility UTILITY SYSTEMS ` 1055 S. Grady Way, 51h Floor 3 Renton WA 98057 ti Dear Sir or Madam: o RE: U.S. Army Corps of Engineers Reference#NWS-2006-688-NO Nationwide Permit#27 and Nationwide#33 for Maplewood Creek Sediment Basin, Maplewood Creek, King County,Washington This letter is to confirm that the above-referenced project will not require an individual water quality certification or Coastal Zone Management consistency determination from the Department of Ecology. Your project does not meet our criteria for requiring an individual certification under Nationwide Permit#27 or Nationwide Permit#33. Please note.that this letter does not exempt the applicant from compliance with other requirements of federal, state, and local agencies. Please contact me if you have any questions regarding this letter at(425) 649-7271 or e-mail lenl461 gecy.wa.gov. Sincerely, Lori C. Enlund Federal Permit Assistant Shorelands and Environmental Assistance Program LCE:cja cc: Amy Klein, U.S. Army Corps of Engineers Penny Keys, Ecology Loree',Randall, Ecology A From: Daniel Carey To: Lori (ECY) Enlund Date: 07/10/2007 8:27:47 AM Subject: RE: Maplewood Creek Sediment Basin Cleaning -401 Water QualityCertification Hi Lori, Thanks for your efforts to expedite your review. We appreciate your work to help us get the cleaning done. Daniel >>> "Enlund, Lori (ECY)" <lenl461 @ECY.WA.GOV> 07/10/07 7:57 AM >>> Your determination will go out by mail today. If you don't have it in hand by the 16th, please let me know and I will get you an electronic copy of your verification. Good luck with your project. Lori -----Original Message----- From: Daniel Carey fmailto:Dcarey(a)ci.renton.wa.usl Sent: Monday, July 09, 2007 2:10 PM To: Enlund, Lori (ECY) Subject: Maplewood Creek Sediment Basin Cleaning -401 Water QualityCertification Hi Lori, I just returned from vacation and found that Steve Lee had submitted a copy of the JARPA application to you for this project. My apologies for any problems this project may have caused you. As far as I remember we have not had to request a 401 WQC review for the sediment basin cleaning previously (except, perhaps, for the initial basin construction). In 2004 we submitted a JARPA to the Army Corps for exactly the same work; cleaning the sediment basin, flow splitter structure, and replacing spawning gravel in selected locations. The August 27, 2004 approval letter stated that the Corps determined that the proposed work was in compliance with the State's WQC and CZM consistency determination, and no further coordination with the State was required (see attached pdf and figure). I expected that the same determination would apply to the cleaning for this year. It appears that something has changed in the Corps or Ecology review process. As Ron Straka discussed with you, our construction window for the project is very narrow. The project is currently out for bids. We would like to have all permits by July 16 so we can award the project to the lowest bidder, execute the contract(usually about 3 to 4 weeks for all submittals, insurance, etc.) and complete the work by the September 15th deadline in the Fisheries HPA. If you know that the permit will be issued, but we will not receive it before July 16, please let me know by email so we can proceed awarding the project on the basis that the permit is coming. —/o-67 From: "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 07/10/2007 7:58:24 AM Subject: RE: Maplewood Creek Sediment Basin Cleaning -401 Water QualityCertification Your determination will go out by mail today. If you don't have it in hand by the 16th, please let me know and I will get you an electronic copy of your verification. Good luck with your project. Lori -----Original Message----- From: Daniel Carey [mailto:Dcarey@ci.renton.wa.us] Sent: Monday, July 09, 2007 2:10 PM To: Enlund, Lori (ECY) Subject: Maplewood Creek Sediment Basin Cleaning -401 Water QualityCertification Hi Lori, I just returned from vacation and found that Steve Lee had submitted a copy of the JARPA application to you for this project. My apologies for any problems this project may have caused you. As far as I remember we have not had to request a 401 WQC review for the sediment basin cleaning previously(except, perhaps, for the initial basin construction). In 2004 we submitted a JARPA to the Army Corps for exactly the same work; cleaning the sediment basin, flow splitter structure, and replacing spawning gravel in selected locations. The August 27, 2004 approval letter stated that the Corps determined that the proposed work was in compliance with the State's WQC and CZM consistency determination, and no further coordination with the State was required (see attached pdf and figure). I expected that the same determination would apply to the cleaning for this year. It appears that something has changed in the Corps or Ecology review process. As Ron Straka discussed with you, our construction window for the project is very narrow. The project is currently out for bids. We would like to have all permits by July 16 so we can award the project to the lowest bidder, execute the contract(usually about 3 to 4 weeks for all submittals, insurance, etc.) and complete the work by the September 15th deadline in the Fisheries HPA. If you know that the permit will be issued, but we will not receive it before July 16, please let me know by email so we can proceed awarding the project on the basis that the permit is coming. Please let me know if you need any other information, or if I can answer any questions about the work. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility From: "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 07/09/2007 2:25:06 PM Subject: RE: Maplewood Creek Sediment Basin Cleaning -401 Water QualityCertification Daniel, I received the City of Renton's official JARPA application on Thursday July 5. 1 will try to review your project today or tomorrow and get back to you regarding the expected timeline. Lori Lori Enlund 401 Permit Assistant Shorelands& Environmental Assistance Program Washington State Department of Ecology 425-649-7271 -----Original Message----- From: Daniel Carey [mailto:Dcarey@ci.renton.wa.us] Sent: Monday, July 09, 2007 2:10 PM To: Enlund, Lori (ECY) Subject: Maplewood Creek Sediment Basin Cleaning -401 Water QualityCertification Hi Lori, I just returned from vacation and found that Steve Lee had submitted a copy of the JARPA application to you for this project. My apologies for any problems this project may have caused you. As far as I remember we have not had to request a 401 WQC review for the sediment basin cleaning previously(except, perhaps, for the initial basin construction). In 2004 we submitted a JARPA to the Army Corps for exactly the same work; cleaning the sediment basin, flow splitter structure, and replacing spawning gravel in selected locations. The August 27, 2004 approval letter stated that the Corps determined that the proposed work was in compliance with the State's WQC and CZM consistency determination, and no further coordination with the State was required (see attached pdf and figure). I expected that the same determination would apply to the cleaning for this year. It appears that something has changed in the Corps or Ecology review process. As Ron Straka discussed with you, our construction window for the project is very narrow. The project is currently out for bids. We would like to have all permits by July 16 so we can award the project to the lowest bidder, execute the contract (usually about 3 to 4 weeks for all submittals, insurance, etc.) and complete the work by the September 15th deadline in the Fisheries HPA. If you know that the permit will be issued, but we will not receive it before July 16, please let me know by email so we can proceed awarding '1'° 7A From: Daniel Carey To: Lori Enlund Date: 07/09/2007 2:10:23 PM Subject: Maplewood Creek Sediment Basin Cleaning -401 Water Quality Certification Hi Lori, I just returned from vacation and found that Steve Lee had submitted a copy of the JARPA application to you for this project. My apologies for any problems this project may have caused you. As far as remember we have not had to request a 401 WQC review for the sediment basin cleaning previously (except, perhaps, for the initial basin construction). In 2004 we submitted a JARPA to the Army Corps for exactly the same work; cleaning the sediment basin, flow splitter structure, and replacing spawning gravel in selected locations. The August 27, 2004 approval letter stated that the Corps determined that the proposed work was in compliance with the State's WQC and CZM consistency determination, and no further coordination with the State was required (see attached pdf and figure). expected that the same determination would apply to the cleaning for this year. It appears that something has changed in the Corps or Ecology review process. As Ron Straka discussed with you, our construction window for the project is very narrow. The project is currently out for bids. We would like to have all permits by July 16 so we can award the project to the lowest bidder, execute the contract(usually about 3 to 4 weeks for all submittals, insurance, etc.) and complete the work by the September 15th deadline in the Fisheries HPA. If you know that the permit will be issued, but we will not receive it before July 16, please let me know by email so we can proceed awarding the project on the basis that the permit is coming. Please let me know if you need any other information, or if I can answer any questions about the work. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email: dcareyCaD_ci.renton.wa.us DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.SOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO �y1i��§ ATTENTION Of AUG 2 7 Lilly IMM ASCII Regulatory Branch i,Ty OF PEN City of Renton ut=t Of y VSK ' Surface Water Utility Department Mr.Daniel Carey 1055 South Grady Way Renton,Washington 98055 Reference: 200400635 Renton,City of Ladies and Gentlemen: Our regulatory program utilizes a series of nationwide permits(NWPs)to authorize specific categories of work that have minimal impact on the aquatic environment when conducted in accordance with the permit conditions(Federal Register, January 15,2002,Vol. 67,No. 10). Based on the information you provided to us,NWP 27,Stream and Wetland Restoration Activities, authorizes your proposal to place fill in waters of the United States to facilitate in- stream restoration,as depicted on the enclosed drawings dated May 2004. The project would occur in Maplewood Creek at Renton, in King County, Washington. In order for this NWP authorization to be valid,you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 27, Terms and Conditions and the following special conditions that we have added to ensure that this project would have no more than a minimal adverse impact on the aquatic environment: a. You must implement the ESA requirements and/or agreements set forth in the reference biological evaluation titled, "Reference Biological Evaluation Specific Project Information Form for Nearshore Fill,"dated May 27,2004,in their entirety. The U.S. Fish and Wildlife Service concurred with a finding of`may affect,not likely to adversely affect"base on this document on August 25,2004(USFWS Reference# 1-3-04-I-1524). The National Marine Fisheries Service concurred with a finding of"may affect,not likely to adversely affect"based on this document on August 2, 2004(No NMFS reference number assigned). Both agencies will be informed of this permit issuance and will enforce any known violations of the commitments made in this document pursuant to the ESA. b. In order to protect Puget Sound Chinook and coastal-Puget Sound bull trout the permittee may conduct the authorized activities from July 161h through October 15th in any year this permit is valid. The permittee shall not conduct work authorized by this permit from October 16th through July 15th in any year this permit is valid. -2- You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Please note that we may need to reinitiate Endangered Species Act Section 7 consultation with the National Marine Fisheries Service and/or U.S.Fish and Wildlife Service in order to authorize any work not already included in the enclosed plans. In order for this NWP authorization to be valid,the State of Washington(State)must have issued or waived Section 401 Water Quality Certification(WQC)and, for Washington's 15 coastal counties, concurred with or waived a Coastal Zone Management(CZM)consistency determination. Based on our review of the proposed work,the Corps has determined that the proposed work will be in compliance with the States WQC and CZM consistency determination concurrence requirements for this NWP. Therefore,no further coordination with the State is required. We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA). After consulting with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service,we have determined that this project meets the requirements of NWP National General Condition 11 provided you comply with special conditions"a"and"b"listed above. We have also reviewed your project pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 in regards to Essential Fish Habitat(EFH). We have determined that the proposed action will not adversely affect EFH for federally managed fisheries in Washington. Our verification of this NWP authorization is valid for 2 years from the date of this letter unless the NWP is modified or revoked prior to that date. If the authorized work has not been completed by that date,please contact us to discuss the status of your authorization. This verification includes a preliminary jurisdictional determination that is not appealable. More information about our administrative appeal process is available on our website at: hiip://www.nws.usace.army.mil/PublicMenu/Menu.cfrn?sitename=REG&pagename=Appeals If this project complies with all terms and conditions of this authorization,you will need no further authorization from us. However,you must still obtain all State and local permits that apply to your project. Also,we remind you that failure to comply with all terms and conditions of this NWP verification invalidates your authorization and could result in a violation of Section 404 of the Clean Water Act. Upon completing the authorized work,please fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance that the completed work and any required mitigation was conducted in accordance with the terms and conditions of this NWP. -3- Thank you for your cooperation during the permit process. Your efforts help us protect our nation's aquatic resources,including wetlands. We are interested in your thoughts and opinions concerning your experience with the U.S.Army Corps of Engineers, Seattle District's Regulatory Program. A Customer Service Survey form is available on our website at: http://per2.nwp.usace.army.mil/survey.b.tmi. At your request,we will mail you a paper copy that you may complete and return to us by mail or fax. If you have any questions about this letter or our regulatory program,please contact me at (206) 764-6910 or via email at Jonatban.Snutb@,nws02.usace.anny.mil. Sincerely, 0 Jonathan Smith, Project Manager Application Review Section Enclosures VICINITY MAP 0 C I . PRO EC ITE Maplewood i. Creek ® Cedar R-� Ma le o { Golf Co e I( I � I � 1600 FT PROJECT SITE LATITUDE: 47°28'25" 0 800 1600 LONGITUDE: 122*09' 15" NORTH SCALE 1"= 1600 FT MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference#: 900-/ 00(o 35 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 1 of 6 PLAN VIEW - 1 EXI TI G i SE IM N BA IN RE 0 E AC U ULA ED E I NT .74.3 96.5 G 103.5` MAPLEWOOD EEK 101.2 i N VI W 2 G =G VEL PLACEMENT 90, LOCATI NS (APPX) G Mc A R,' ' I 73.6 77.3 83.4+ G 74.4 / 2 r , 74,7 G 0 E;AC U G S MENT— 71.9 G EXIST[ FLOW 74.2 SPLITTE TRUQ MAPLEWOOD CREEK PLAN 94.0 710 VIEW-3 ys2s 71s G` 77.7 HIGH FLOW e BYPASS CH ` 60.6 7 .2 / /� •71.5 F�O� 1� 60.1� 77.6 79.9 150' 4 Y G1TY7g3F RENT IN ^ WOOR GOL RS�E9 . PROJECT SITE LATITUDE: '47°28'25" LONGITUDE: 122° 09' 15' 0 75 150 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1"=150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference#: ? ,UO Q,35 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 2 of 6 7— 6—L �ti`sY O� CITY OF RENTON !� + Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator July 6, 2007 Lori Enlund Shorelines and Environmental Assistance Department of Ecology 3190 1601h Avenue SE Bellevue, WA 98008 SUBJECT: JARPA APPLICATION—2007 Maplewood Creek Sediment Basin Cleaning and Maintenance,SWP-27-2057 Dear Ms.Enlund: Attached is a hard copy of the JARPA application and drawings for the 2007 Maplewood Sediment Basin Cleaning and Maintenance project that was emailed to you on July 5,2007. The City of Renton Surface Water Utility is seeking from the Department of Ecology an individual Water Quality Certification(WQC)and Coastal Zone Management(CZM)consistency determination. The Army Corps of Engineers issued Nationwide 27 and 33 permits(NWS-2007-688-NO)to the City of Renton for the maintenance of a sedimentation basin on Maplewood Creek and the placement of spawning gravel in the creek, as required by WDFW Permit. Within the NWP 27 &NWP33 documents the WQC and CZM were inconclusive and requires DOE consistency determination prior to project startup. Please call Daniel Carey at 425-430-7293 or me at 425-430-7205, if you have any questions. Thank you for your assistance. Sincerely, Steve Lee,P.E. Surface Water Utility Engineer Attachments cc: Ron Straka,P.E.,Surface Water Utility Supervisor Daniel Carey,P.E.,Surface Water Utility Engineer HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects(CIP)\27-2057 Maplewood Sed Basin\05-2007 Pond Cleaning\1401 JARPA WDFW Appl\070705 DOE-En1und-1ARPA.doc\SLtp 1055 South Grady Way-Renton,Washington 98057 RE N T O N ®Thisa AHEAD OF THE CURVE paper contains 50%recycled material,30%post consumer From: Steve Lee To: len1461 @ecy.wa.gov Date: 07/05/2007 2:12:45 PM Subject: Re: City of Renton NWS-2007-688-NO WQC/CZM requirement determination Lori, The attached pdfs were sent to the COE-CENWS Regulatory Branch and are provided for your review. Please utilize the attached documentfor the Water Quality Certification and Costal Zone Management consistency determination per Ron Straka's recent request on the 401 WQ review. Apparently the original application did not check the 401 certification box on the Joint Aquatic Resources Permit Application (Jarpa)form when it should have been checked. Please use the attached pdf to start 401 review. We shall mail you a hardcopy along with this attached email with the 401 box checked in the Jarpa. Again we are sorry for the inconvenience and apologize for the urgency of this request. The City very much appreciates your assistance in this WQC and CZM consistency determination. Thank you. Sincerely, Steve Ting Lee, P.E. City of Renton Surface Water Utility Project Manager 1055 S. Grady Way-5th Floor Renton, WA 98057 425-430-7205 slee@ci.renton.wa.us CC: Amy.S.Klein@nws02.usace.army.mil; Carey, Daniel; Straka, Ronald From: Ronald Straka To: lenl461@ecy.wa.gov Date: 07/02/2007 4:04:14 PM Subject: City of Renton NWS-2007-688-NO WQC/CZM requirement determination The Army Corps of Engineers issued Nationwide 27 and 33 permits (NWS-2007-688-NO)to the City of Renton for the maintenance of a sedimentation basin on Maplewood Creek and the placement of spawning in the creek, as required by WDFW Permit. The USACE was unable to determine if a individual Water Quality Certification (WQC) and a Costal Zone Management(CZM) consistency determination was required and directed us to contact you regarding this determination. We are interested in knowing the schedule for your review and making the determination regarding the requirement for an individual WQC and CZM consistency. We learned of the need for the Nationwide permit for the sedimentation pond cleaning after we advertised the project for Public Works bids, even though the last time we did the maintenance work the nationwide permit wasn't required. Our bid opening is scheduled for July 10th and we are planning to award the construction contract on July 16, 2007. This will just allow us enough time to complete the contracting process and complete the work by the end of the fisheries construction window deadline of September 15th. We will not be able to award the construction contract without knowing if a individual WQC and CZM consistency is required or not. Please provide me any indication that you can as to the need for an individual WQC and CZM consistency or not. On our SW 34th St. Culvert Replacement Project(USACE Ref#200600350), we received a determination that an individual WQC and CZM would not be required for a Nationwide#3 and#27 and#33. We are hopeful that the Nationwide permits (USACE ref#200700688)will be given the same determination. Due to the flood in November 2006, the sedimentation pond filled in sooner than planned, which has prompted us to clean it out sooner than we had normally planned. It is important that it be cleaned out this summer during the fisheries construction window to minimize impacts to water quality and fish habitat. The facility is full of sediment and will not function as designed and approve unless it is cleaned out. We are concerned that if it isn't cleaned out this summer and there is a significant problem this winter, we will need to take emergency action to address the problem to prevent failure of the facility, protect public safety and prevent downstream damage. We would much rather do the work in the appropriate time of year to minimize impacts and not have to do it during the winter during the rainy season. Please contact me if you have any questions or need any additional information in order for you to make the determination regarding the need for an individual WQC and CZM consistency. Dan Carey is the Surface Water Utility project manager, but he is on vacation this week. He can be contacted after July 6th at 425-430-7293 or by email at dcarey@ci.renton.wa.us. I apologize for the urgency of this request and short response time. The City of Renton appreciates your assistance regarding your prompt review of this request to determine if an individual WQC and CZM consistency is required. Thanks Ronald J. Straka, P.E. City of Renton Surface Water Utility Engineering Supervisor 1055 S. Grady Way-5th Floor Renton WA 98055 Phone: 425-430-7248 Fax: 425-430-7241 Email: rstraka@ci.renton.wa.us From: Ronald Straka To: Deborah Needham Date: 07/06/2007 9:36:02 AM Subject: Fwd-. City of Renton NWS-2007-688-NO WQC/CZM requirement determination Below is the a copy of the email that I sent to Lori Enlund at Ecology regarding the urgency to get the 401 Water Quality Certification and Coastal Zone Management Consistency determinations require for the USACE Nationwide 27 and 33 permits issued for the Maplewood sedimentation pond maintenance project. The pond is 100%full of sediment due to the November 2006 flood and if we have a significant storm this winter we may have to take emergency action to prevent damage or loss of the facility and protect downstream property from damages associated with sediment deposition and flooding. Our ability to complete the project in accordance with the FEMA deadline is dependent upon getting this determination for Ecology. The project construction contract bid opening is on July 10, 2007. We want to be able to award the contract by July 16th or July 23rd at the latest, but we needed this last permit from ecology in order to do so. We want to do the work in the fisheries construction window(prior to September 15)to minimize impacts to fish habitat and water quality. Any help you can provide us regarding this problem would be appreciated. Thanks Ronald J. Straka, P.E. City of Renton Surface Water Utility Engineering Supervisor 1055 S. Grady Way-5th Floor Renton WA 98055 Phone: 425-430-7248 Fax: 425-430-7241 Email: rstraka@ci.renton.wa.us >>> Ronald Straka 07/02/2007 4:04 PM >>> The Army Corps of Engineers issued Nationwide 27 and 33 permits (NWS-2007-688-NO) to the City of Renton for the maintenance of a sedimentation basin on Maplewood Creek and the placement of spawning in the creek, as required by WDFW Permit. The USACE was unable to determine if a individual Water Quality Certification (WQC) and a Costal Zone Management(CZM) consistency determination was required and directed us to contact you regarding this determination. We are interested in knowing the schedule for your review and making the determination regarding the requirement for an individual WQC and CZM consistency. We learned of the need for the Nationwide permit for the sedimentation pond cleaning after we advertised the project for Public Works bids, even though the last time we did the maintenance work the nationwide permit wasn't required. Our bid opening is scheduled for July 10th and we are planning to award the construction contract on July 16, 2007. This will just allow us enough time to complete the contracting process and complete the work by the end of the fisheries construction window deadline of September 15th. We will not be able to award the construction contract without knowing if a individual WQC and CZM consistency is required or not. Please provide me any indication that you can as to the need for an individual WQC and CZM consistency or not. On our SW 34th St. Culvert Replacement Project(USACE Ref#200600350), we received a determination that an individual WQC and CZM would not be required for a Nationwide#3 and#27 and #33. We are hopeful that the Nationwide permits (USACE ref#200700688)will be given the same determination. Due to the flood in November 2006, the sedimentation pond filled in sooner than planned, which has prompted us to clean it out sooner than we had normally planned. It is important that it be cleaned out this summer during the fisheries construction window to minimize impacts to water quality and fish habitat. The facility is full of sediment and will not function as designed and approve unless it is cleaned out. We are concerned that if it isn't cleaned out this summer and there is a significant problem this winter, we will need to take emergency action to address the problem to prevent failure of the facility, protect public safety and prevent downstream damage. We would much rather do the work in the appropriate time of year to minimize impacts and not have to do it during the winter during the rainy season. Please contact me if you have any questions or need any additional information in order for you to make the determination regarding the need for an individual WQC and CZM consistency. Dan Carey is the Surface Water Utility project manager, but he is on vacation this week. He can be contacted after July 6th at 425-430-7293 or by email at dcarey(a-)ci.renton.wa.us. I apologize for the urgency of this request and short response time. The City of Renton appreciates your assistance regarding your prompt review of this request to determine if an individual WQC and CZM consistency is required. Thanks Ronald J. Straka, P.E. City of Renton Surface Water Utility Engineering Supervisor 1055 S. Grady Way-5th Floor Renton WA 98055 Phone: 425-430-7248 Fax: 425-430-7241 Email: rstraka .ci.renton.wa.us CC: Daniel Carey 3- 6-03 `1 o CITY OF RENTON U �> + + Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator July 6, 2007 -� Lori Enlund V Shorelines and Environmental Assistance 3 Department of Ecology ' 3190 1601h Avenue SE Bellevue, WA 98008 SUBJECT: JARPA APPLICATION—2007 Maplewood Creek Sediment Basin Cleaning and Maintenance, SWP-27-2057 Dear Ms. Enlund: Attached is a hard copy of the JARPA application and drawings for the 2007 Maplewood Sediment Basin Cleaning and Maintenance project that was emailed to you on July 5, 2007. The City of Renton Surface Water Utility is seeking from the Department of Ecology an individual Water Quality Certification(WQC)and Coastal Zone Management(CZM)consistency determination. The Army Corps of Engineers issued Nationwide 27 and 33 permits(NWS-2007-688-NO)to the City of Renton for the maintenance of a sedimentation basin on Maplewood Creek and the placement of spawning gravel in the creek, as required by WDFW Permit. Within the NWP 27 &NWP33 documents the WQC and CZM were inconclusive and requires DOE consistency determination prior to project startup. Please call Daniel Carey at 425-430-7293 or me at 425-430-7205, if you have any questions. Thank you for your assistance. Sincerely, Steve Lee, P.E. Surface Water Utility Engineer Attachments cc: Ron Straka,P.E.,Surface Water Utility Supervisor Daniel Carey,P.E.,Surface Water Utility Engineer H:\File Sys\SWP - Surface Water Projects\SWP-;'7 - Surface Water Projects (CIP)\27-2057 Maplewood Sed Basin\05-2007 Pond Cleaning\1401 JARPA WDFW Appl\070705 DOE-Enlund-JARPA.doc\SLtp R— ��"T" 1055 South Grady Way-Renton,Washington 98057 1 t E lr T O V�T AHEAD OF THE CURV@ This paper contains 50%recycled material,30%post consumer From: "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> To: "Steve Lee" <Slee@ci.renton.wa.us> Date: 07/05/2007 2:52:30 PM Subject: RE: Revised cover sheet with initials Thanks, I'll get our processing going as soon as I am able. I'll let you know if I need additional information. Lori -----Original Message----- From: Steve Lee[mailto:Slee@ci.renton.wa.us] Sent: Thursday, July 05, 2007 2:46 PM To: Enlund, Lori (ECY) Subject: Revised cover sheet with initials Hi Lori, Attached is the cover sheet with the necessary corrections. Thank you, Steven Lee City of Renton a 7 - 2 -o7 A From: "Enlund, Lori (ECY)" <lenl461@ECY.WA.GOV> To: "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil>, "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 07/02/2007 10:08:03 AM Subject: RE: NWS-2007-688-NO Copy of Expedited Permit and Terms and Conditions Amy: This copy works fine for me. Dan, I do not believe I have a JARPA on file for this project. Please let me know if that is incorrect or send me the JARPA and relevant information. When I receive it, I will begin our processing steps. Call if you have questions! Thanks, Lori Lori Enlund 401 Permit Assistant Shorelands & Environmental Assistance Program Washington State Department of Ecology 425-649-7271 From: Klein, Amy S NWS [mailto:Amy.S.Klein@nws02.usace.army.m il] Sent: Friday, June 29, 2007 3:54 PM To: Daniel Carey Cc: Enlund, Lori (ECY) Subject: FW: NWS-2007-688-NO Copy of Expedited Permit and Terms and Conditions ****Please note the original message was recalled. I attached the May 2004 drawings instead of the May 2007 drawings. Here is the updated permit verification letter. I apologize for the inconvenience. Amy*** Hi Dan- Attached is your permit with terms and conditions. I have also cc'd Ecology on this so they have a copy. I will be sending a hardcopy as well but this one is official. Please call or e-mail me if I can be of additional assistance. Please contact me about pursuing this action as an Individual Permit for future sediment maintenance. «NWS-2007-688-NO.pdf>> <<Certificate of Compliance Form.doc>> «NWP 33 (3-19-07).doc>> «NWP 27 (3-19-07).doc>> <<Conditions for Nearshore Fill.doc>> Lori - If you need a hardcopy for this action, you should have one by later next week. If you can proceed with an electronic copy, then let me know if this is sufficient or if you need any additional information. Thank you, Amy Amy S. Klein Regulatory Program U.S. Army Corps of Engineers- Seattle District PO Box 3755 Seattle, Washington 98124 Phone: 206.766.6438 Fax: 206.764.6602 amy.s.klein@usace.army.mil <mailto:amy.s.klein@usace.army.mil> R From: "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 06/27/2007 1:47:03 PM Subject: RE: NWS-2007-688-NO City of Renton , Maplewood Sediment BasinStatus It is currently at NMFS and I hope to have word within the next couple days. Once I get their okay I can go ahead and issue. It looks promising but if anything changes, I will let you know. We did not need to consult with USFWS since their species weren't present. I am not yet processing as an Emergency but as an expedited review. I will be sure to e-mail you the permit when it is written so you have it immediately. Amy -----Original Message----- From: Daniel Carey [mailto:Dcarey@ci.renton.wa.us] Sent: Wednesday, June 27, 2007 1:22 PM To: Klein, Amy S NWS Subject: NWS-2007-688-NO City of Renton , Maplewood Sediment BasinStatus Hi Amy, I'd like to check on the status of the City's Maplewood Sediment Basin Project application for the NWPs for constructing the temporary bypass dams, and placing the spawning gravel. Were you able to process the application as an emergency since we need to get a contractor through our contract award process and complete the cleaning by the WDWF fisheries window of September 15th? Did you forward the application to NMFS and USFWS, and get them to agree to an expedited review? Any idea when NMFS and USFWS can review and approve the application. Thanks, Daniel From: Daniel Carey To: Amy Klein Date: 06/27/2007 1:22:29 PM Subject: NWS-2007-688-NO City of Renton , Maplewood Sediment Basin Status Hi Amy, I'd like to check on the status of the City's Maplewood Sediment Basin Project application for the NWPs for constructing the temporary bypass dams, and placing the spawning gravel. Were you able to process the application as an emergency since we need to get a contractor through our contract award process and complete the cleaning by the WDWF fisheries window of September 15th? Did you forward the application to NMFS and USFWS, and get them to agree to an expedited review? Any idea when NMFS and USFWS can review and approve the application. Thanks, Daniel d 17 of —re h bw ✓� ^f C rH b� /� ✓ .� �h ru - de<edG f l Cltia �ria C�'�nC fh_, �ts �Drtirs )4v ' .�/ f e-� and -C u t�fJ J) •t �Y C fl fu C�i�G WC From: "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 06/08/2007 4:47:39 PM Subject: RE: City Appl Part 2/2 Re: NWS-2007-688-NO City of Renton Thanks, Dan. I got both files and will review them ASAP. -----Original Message----- From: Daniel Carey [mailto:Dcarey@ci.renton.wa.us] Sent: Friday, June 08, 2007 4:41 PM To: Klein, Amy S NWS Subject: City Appl Part 2/2 Re: NWS-2007-688-NO City of Renton Attached Jpegs. Thanks, Daniel Carey 7�6 f From: Daniel Carey To: Amy S NWS Klein Date: 06/08/2007 4:39:51 PM Subject: City Appl Part1/2 Re: NWS-2007-688-NO City of Renton Hi Amy, I just placed the City's Emergency Work Form and additional information in the mail. Attached is part 1 (emergency form) in pdf format. Part 2 will contain the jpeg attachments with site pictures. After discussing the timing with the Surface Water Utility Supervisor we revised the time request for the permits to July 16. As the cover letter explains, the time we need to award a bid and get the contract executed drives when we can get a contractor to the site to perform the work. Please let me know if you think the permits can be issued by that date, and if not, what your best estimate of the date will be. Thanks, Daniel Carey Renton City Hall -5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email: dcarey(cr�.ci.renton.wa.us >>> "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> 05/30/07 6:06 PM >>> Dear Mr. Carey- Thank you for speaking with me today regarding your proposed project to place 25 cubic yards of gravel into Maplewood Creek for your HPA requirements. Your application also mentioned that the sediment pond was to be excavated, which did not require a Corps permit since no fill was to be placed. Please note that although no permit is required to excavate the pond since certain types of excavation are not regulated under Section 404 of the Clean Water Act, the placement of fill waterward of Ordinary High Water, such as sandbags, to dewater the project area does require a permit. Nationwide Permit#33 Temporary Construction, Access, and Dewatering authorizes this type of activity. I've attached the NWP#33 terms and conditions for your reference. «NWP 33 (3-19-07).doc>> You stated that this has not been required in the past. You mentioned that the initial authorization to build the structure included the maintenance plan. This may have been the case but a permit is required to perform the maintenance work. I cannot speak for past permit issuance regarding the gravel placement. It may have been an oversight or error on our part, it may not have been clearly stated in the JARPA form, or policy regarding definition of fill may have changed over the past 5 years. No matter the reason, a permit is required under current regulations for the placement of fill to dewater the stream. I noticed your application stated that you'd like to have the permit by July 9. Please note that ESA concurrence from NMFS and USFWS often takes longer than 5 weeks. It can take several months or longer. After our phone call earlier, I understand the time constraint you are under and spoke with my supervisor regarding it. We will expedite the review of the application through our process but it is dependent upon you to provide us with all the necessary information as soon as possible. We will request the Services to expedite their review, but there are no guarantees as to when we will get concurrence. We may possibly be able to process this as an emergency if you are able to demonstrate that this project meets that definition. A Corps designated "emergency" is"a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures." If you feel this is an emergency situation, please describe why this meets the definition of an emergency and complete the attached form: <<Emergency Report Form (for public use) (4-24-07).doc>> It's in the best interest of the project to keep moving forward, whether or not an emergency is declared. In order to facilitate the processing of this application, I have outlined the necessary information still needed. In accordance with the Endangered Species Act, you submitted the Reference Biological Evaluation form for nearshore fill. This form has since expired. The new form is dated April 2006 and is attached below for your reference. Although you do not need to complete a new form, some additional information is required. <<SPIFNearshore(4-21-06).doc>> Please address the following: On*8 of the new form: Update the listed/proposed species and also Critical Habitat(CH). If CH for fish species is present, provide an assessment of impacts to Critical Habitat primary constituent elements. Please submit an addendum (with drawings) to the JARPA and BE describing the dewatering structure- i.e. dimensions, quantity of fill/sandbags, etc. and its associated impacts on listed and proposed species and their critical habitat. As stated earlier, I am here to assist in whatever way possible. I do understand your time constraint, but we need to follow the required legal procedures. I will work with you to get this project reviewed as quickly as possible. If I can provide any additional information regarding this e-mail or our program, please call or e-mail me. Thank you, Amy Klein Regulatory Program U.S. Army Corps of Engineers- Seattle District From: Daniel Carey To: Amy S NWS Klein Date: 06/08/2007 4:41:29 PM Subject: City Appl Part 2/2 Re: NWS-2007-688-NO City of Renton Attached Jpegs. Thanks, Daniel Carey �tiyY o� CITY OF RENTON ♦ + Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator NO June 8, 2007 Amy Klein Regulatory Branch, CENWS-OD-RG Seattle District Corps of Engineers P.O. Box 3755 Seattle, WA 98124-2255 Subject: Additional Information,Emergency Work Form, for City of Renton—Maplewood Creek Gravel Replacement Project, Nationwide Permit 33 for Temporary Structures Dear Ms. Klein: Per our discussions and email on May 30, 2007, it appears that the Army Corps of Engineers(ACOE)will need to issue Nationwide Permit(NWT) 27 for the proposed gravel placement,and NWP-33 to install the temporary diversion dam and berm needed to divert water around the sediment basin and flow splitter, so accumulated sediment can be removed. The actual removal of the sediment does not require a permit from the ACOE. On May 15,2007,the City submitted the JARPA and supporting information for review for NWP-27 for the gravel placement. Enclosed please find the following information for NWP-33 that you requested to supplement the City's May 15,2007 JARPA: • ACOE Form: Notice of Need for Emergency Work • Five Project Drawings (8 1/2 x 11) for the diversion dam and berm • Three pages of photos for the diversion dam and berm • ACOE Form: Assessment of Impacts to Critical Habitat The City feels that the project qualifies as an "Emergency"because the November 2006 storms filled the sediment basin to capacity. All work for the basin cleaning must be completed by September 15, 2007, the work window in the Washington State Department of Fish and Wildlife HPA. If the sediment basin is not cleaned this year, the basin will not capture sediment during the winter of 2007-2008. The sediment will flow downstream and be deposited in the fish ladder, flow splitter, and fish channel, potentially causing adverse impacts to the fish channel habitat and any salmon or other fish using the channel. If a large amount of sediment was deposited,the channel could fill in and cause flooding on the Maplewood Golf Course and adjacent highway(SR- 169). This would require the City to take emergency action during a storm event, outside the normal fisheries construction window. Doing so could result in unavoidable impacts that would be worse than any impact placing the temporary diversion dam and berm would cause. 1055 South Grady Way-Renton,Washington 98057 R E N T O N mm AHEAD OF THE CURVE �c�7 This paper contains50%r cledmateria1,30%post consumer COMPLETE • ■ Complete items 1, 2, and 3.Also complete A. Sig ture n item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse El Ad re so that we can return the card to you. B. Received b i led C. of Delive ■ Attach this card to the back of the mailpiece, y - �� Delivery or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Amy Klein Regulatory Branch,CENWS-OD-RG Seattle District Corps of Engineers P.O. Box 375n5p 3. ice Type Seattle,WA 08124-225J 3e}v ertified Mail ❑ Express Mail ❑ Registered )KrReturn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number l( ,�� _ (Transfer from service label) �� ��`v—� PS Form 38111 August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Renton SUN 1 D Utility Systems Division 2 20OI Renton, WAy way, 5th Fldmt�nysYs�°N 98057 Ms � t t ACOE Nationwide Permit 33 June 8,2007 Page 2 of 2 In order to get a contractor mobilized to the site, the City is requesting the necessary NWPs by July 16,2007. The City has already advertised the sediment basin cleaning project for bids, and expects to open the bids and award the project in July 2007. The process to obtain all submittals for a contract,and have the contract approved and executed by the Contractor and Mayor,takes about four weeks. It is estimated that the cleaning may take 15 working days. If the City has the permits in hand and can notify the contractor to proceed the project should be completed between August 13 and September 15, 2007. Please let me know the progress of your review and the consultation with the other agencies. If you have any questions or need additional information, please call me at 425-430-7293. Sincerely, Daniel Carey, P.E. Surface Water Utility Engineer Enclosures cc:Ron Straka,Surface Water Utility Supervisor 7003 1010 0000 3012 6923 m . - • ru Cr NJ O. • Pf;.11114N.1114tw ..O For delivery information visit our website at www.usps.coma ru l7 M Postage $ $1.31 C3 o¢��l E3 Certified Fee 2.65 P P ra Retum Reciept Fee 2 M (EndorsementRegWred) $2.15 ra (RtraDelJvryi Fee ntRered) z $t},l /� M Total Postage&Fees 4(; i 1 0 Jsnl1 �r m O Sent To 7Uy Klein o ------ t` 3ne•G Seattle District Corps of Engineers orPOB=N&►. - ----------P-a-��6&------------------------------------------------ a •sSeattle,WA 9812 55 PS Form 3800,June 23,2 See Reverse for instructions H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects,(CIP)\27-2057 Maplewood Sed Basin\05- 2007 Pond Cleaning\1410-ArmyCorps-Permit-Corrspd\070608a ACE-Letter-Emergency.doc\DCmd NOTICE OF NEED FOR EMERGENCY WORK RAMS Number: Date: Time: (Entered by Corps Project Manager onW Proponent's Name: _City of Renton, Attn Daniel Carey Tel: 425-430-7293 Email dcarey4ci.renton.w2.us Address: _Renton Ci�Ha11, Sth Floor, 1055 S_ Grady Way- Renton, WA 99057 Location of Proposed Work (Waterway, address, driving directions): Manlewood Creek located on the Manl .wood Golf Course, 4050 Maple Valley Highway Renton, WA,99059_ From I-405 in Renton exit to the Maple Valley Highway_(SR-169), proceed east for 1.7 miles and him left (north, into the golf course, Turn left and go through the narking lot, then right (north) past the driving r and continue beyond the water treatment building-, turn right to the road to the sediment basin. Contact the Surface Water I Jtility Project Manager to visit the site_ Section 15 Township_1_23 Dl. Range_R_5 F._ Latitude_41dtgrees 2R' 2 Longitude_gees 9' 4R" Describe Proposed Work(Including relation to OHW, MHW, or MHHW): To clean the sediment basin a temnorary diversion dam needs to he installed upstream of the sediment basin, next to the existing concrete inlet for the 1 9-inch bypass pipe (,see attached figures and hn otos). For previous cleanings a temporary diversion dam was built out of larger mylar bags filled with rock, or a steel beam,and sand bags and plastic sheeting were used to heln seal the dam_ The diversion dam is built below the 014W across the creek and will be about 20 feet long, 10 feet wide, and 2.5 to 3.5 feet high. The volume of media hags and sandbags used for the dam is estimated at R to 12 cubic yards. The diversion dam will divert the creek into the 1 9-inch bynass Dips,allowing the sediment basin to he dewatered and the sediment removed. After the creek is diverted the area from the diversion dam down through the sediment basin will he walked reneatedly to rescue fish life. Any fish found will be collected with nets placedpails, and transferred to downstream sections of the creek After the sediment dries out it will he removed from the basin and hauled away for disposal off-site. After the cleaning is comj)leted part of the creek flow will be used to refill the basin over a perioA of about 12 hours. After the basin is refilled the temporary diversion dam will he removed_ During the entire process water will always be kept flowing downstream so the downstream portions of the creek are not dried as required in the Washington State Dent_ of Fish and Wildlife Hydraulic Project Approval (H 1 v To clean the flew snlitter a temporary diversion berm is build out of sand bags and plastic sheeting in the flew snlitter_ The diversion berm is huilt below the OHW in the flew snlitter, and is about 50 feet long, 1.5 feet high and 1.5 feet wide_ The volume of sandbags used for the berm is estimated at 3 to 5 cubic yards, Water will he diverted to one side of the berm and the other side is pumped d;and checked for stranded fish_ Any stranded fish are caught and transferred to the downstream creek- Accumulated sediment is removed from the dry portion of the flow snlitter, and is hauled offsite for disposal. The flow is then changed to the other side of the berm and the process is repeated. After the sediment has been cleaned out the diversion berm is removed_ Water is always kept flowing to the downstream portions of the creek_ What is the amount, location, etc. of any temporary fill/work and when will the material be removed and how will the area be restored? The diversion dam upstream of the sediment basin may contain R to 12 cubic yards of fill material (media hags_ sandbags). The material will be removed from the site after the hasin is cleaned. The creek bottom will he restored with new gravel as needed to returned it to the existing slope and grade_ The diversion berm in the flow snlitter stnicture may contain 3 to 5 cubic yards of fill material (sates). The material will he removed from the site after the flow snlitter is cleaned_ The bottom of the flow splitter will he graded by hand as needed to returned it to the existing slope and grade Overall, the hasin and flow snlitter take about 10 to 15 working days to clean All material is removed from the site at the end of theprerert How will the work be performed (clean excavation with backhoe,pushing of material with bulldozer, blasting out the culvert with water, etc.)? The media hags_ sandbags, and plastic sheeting, for the dam and berm are usually brought to the site and lowered to the creek in an excavator bucket The bags and sheet are then hand placed by workers to form the diversion dam and berm_ Is any of the proposed work in wetlands or below the plane of ordinary high water(freshwater) or below the plane of mean higher high or mean high water(tidal)? The temporary diversion dam and diversion berm are constructed in water below the OHW_ What is the relationship of the proposed work to previously existing structures (replacing what previously existed or adding different structures, etc)? The temnorarTdiversion dam and diversion berm are a Standard part of the maintenance work needed to remove 2 accumulated sediment from the sediment basin and flow snlitt� er eve;two to three years, Arephotos available of the site? ® Yes (Please provide) ❑ No See attached photos of the site and previous diversion dam and berm constructed for cleaning What coordination with the NMFS/USFW(Services) for ESA/EFH has occurred for the proposal and in the past for the site. The overall project to constnict the sediment basin, fish ladderand fish channel across the golf course h Ran in 1992 after a severe flooding event on the golf course Sediment accumulation and the need for periodic cle_ an�inR was included in the project d .s .rintion and analysis The sediment basin was partially funded with a FEMA Grant_ FFMA performed an Environmental Assessment of the proposed project, received omm nts from NMFS, no comments were received from I JSFW, and issued a Finding of No Significant Impact for the overall (Febmary 27, 1995)_ In March 1998 the Army Corns issues NWP 27 for deqning the sediment basin, including the diversion dams In June 2002 the Army Corps issued a letter stating that a permit was not needed for cleaning the basin In .Tune 2004 the Cori s consulted with NMFS and I JSFWS for placing the temporary diversion dams needed for cleaning the basin_ NMFS and I NEWS concurred with the finding "ma;affect, not likel�z to adversely affect" The Corps issued NWP 27 to place fill (the t�rary diversion dams), The current proposal is at the same location and uses the same methods as previous cleanings Has work been completed or is work ongoing? ❑ Yes ® No Date and Times Work Completed: Conservation measures and/or best management practices that will be (have been) employed to minimize effects to ESA- and EFH-protected species: The 1)s2ject follows hest management practices in placing the diversion structures by hand, using plastic sheer, and minimizing turbidity and disturbance of the creek. Per the Washington State bent of Fish & Wildlife HPA requirements fish life is rescued from the sediment b sin and transferred to a downstream section of the creek_ Remarks/Additional Information: (Any other pertinent information? Any previously issued permits for work at the site?): In order to complete cleaning thos year the City needs to have the necessa aNWP's by .Tully 16,2007 in order to complete the cleaning by Sept. 15, 2007 (the HPA fishery wig„ We are requesting that the work window he extended to Sept. 15 to correspond to the HPA Fisheries window, and to allow the time needed fur a contractor to complete the work in August-September, It usually takes four to five weeks to award a construction contmet, receive the contractor's submittals, and have the contract executed_ If the City awards the contract after receiving the NWP's the contractor should he ableto start work about August 13 and complete work by September 15 This project is an emergency situation because the severe storms in November 2006 almost completely filled the sediment basin, and it will not function to capttire sediment over the next winter The sediment basin cantor s an estimated 300 to 400 cubic yards of sediment each year- Tf the basin is not cleaned this y ear sediment will flow past it and start to fill in the fish ladder, flow Titter,and downstream fish channel The fish channel on the golf course will probably receive extra sedim n aff tinR it's spawning and hahitat functions Sediment could fill in the flow splitter, blocking flow to the fish channel and affecting its habitat value The fish channel may fill in with sediment, reducing it's flow candy,and possible causing flooding on the golf course and on highway SR-169 during an extreme rainfall event Send completed form and any other pertinent information, including photographs to: U.S. Army Corps of Engineers Regulatory Branch P.O. Box 3755 Seattle, Washington 98124 Fax: (206) 764-6602 4 PLAN VIEW E INL TEMPORARY DIVERSION DAM , SEE DETAIL 1 ol EX TI G / SE IM N BA IN / 96.5 103.5 101.2 o CI OF RENTO 90• 77.M PLEWOOD GOL URSE 97.7 9 . 8.2 FLOW SPLITTER AND TEMPORARY 74.7 DIVERSION BERM SEE DETAIL 2 1.9 FISH CH EL 0 •74.2 ON GOL COURSE OVER W; , 4.2 CHANNE ne n PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" 0 75 150 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1" = 150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 1 of 5 DETAIL 1 APLEW /CREEK OS�� i i PLASTIC SHEET SANDBAGS ;' TO SEAL DAM, ' ,'REDUCE UNDERFLOW CONC TE NLET 1 ' BYPAS PIPE ' 0 ' —20' i ^� TEMPORARY �iVERSION hAM APPROX 2.5 3.5 FEET HIGH CONSTRU D OF SANDBAGS, MEDIA BAGS, AND PLAS SHEETING:(TYP) i i PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" 0 5 10 NEIGHBORING PROPERTY OWNER: t CASEY McCARTY NORTH SCALE 1" = 10 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 2 of 5 CROSS-SECTION 1 CROSS-SECTION A-A, LOOKING EAST TEMPORARY DIVERSION DAM UPSTREAM OF SEDIMENT BASIN OHW DEPTH APPROX -2/ 2 TO 4 INCHES SANDBAGS TO SEAL EDGES AND ANCHOR PLASTIC FLOW I 01 I I li � I / I ------- --------- -_ if __------ --I- .._ CHANNEL PLASTIC SHEETING BOTTOM MEDIA BAG OR OTHER MATERIAL CONCRETE INLET TO FORM DAM AND BYPASS PIPE (IN FOREGROUND) PROJECT SITE LATITUDE: 47° 28' 29" LONGITUDE: 122' 09'48" NEIGHBORING PROPERTY OWNER: CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 3 of 5 DETAIL 2 O TEMPORARY DIVERSION BERM APPROX 1.0 TO 1.5 FEET HIGH r i CONSTRUCTED OF SANDBAGS AND PLASTIC SHEETING j MAPLEWOOD CREEK OHW (Approx) �B ' TO FISH X. CHANNEL r" -�" B REMOU ACCUMULATED NIX SEDIM NT i i OVERFLOW CHANNEL FLOW SPLITTER (DRY) PROJECT SITE LATITUDE: 47° 28' 29" LONGITUDE: 122' 09'48" 0 5 10 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1" = 10 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway- Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 4 of 5 CROSS-SECTION 2 CROSS-SECTION B-B, LOOKING EAST TEMPORARY DIVERSION BERM AT FLOW SPLITTER OHW DEPTH APPROX BERM FROM SANDBAGS 2 TO 4 INCHES AND PLASTIC SHEETING FLOW n ,COMING 1 I TbYVARD PAGE L- 0 0� I2.5' CHANNEL F_ J BOTTOM ACCUMULATED SEDIMENT FLOW SPLITTER OVERFLOW WEIR PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" NEIGHBORING PROPERTY OWNER: CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 5 of 5 Maplewood Creek Sediment Basin Page 1 2007 Existing Conditions Approx Loc. Concrete Inlet and Diversion Dam - "'r _ .r ,- R,r ��}..►lily Sediment Basin Looking North About 4 to 5 feet of accumulated sediment. Concrete Inlet for73. 18"Bypass Pipe Looking East at creek .r To Fish Channel across golf course Flow Splitter Dry Overflow Looking West annel • �AV About 2 feet of accumulated sediment k ediment 0, y Maplewood Creek - Diversion Dam Page 2 North of Sediment Basin Diversion Dam Location Concrete Inlet for 18" Bypass Pipe Looking Northeast y4 Underground Bypass pipe 2004 Diversion Dam Looking East _a Built using a steel beam -- Plastic sheeting, and k e. sandbags 1999 Diversion Dam * Looking North, up the creek. '" l � Built using media bags filled with large rock, plastic sheeting, and sandbags •- ;-_ Concrete Inlet Maplewood Creek - Diversion Berm page 3 At Flow Splitter �K i Flow Splitter Looking West ` About 2 feet of ~ accumulated sediment `411 js,� 2004 Flow Splitter Looking Southwest �. T Diversion Berm made of sandbags, and cleaning Ne VV .L 6 4 'n . r �. f S Y •lii 2004 Flow Splitter Looking West After cleaning. .� (bags and plastic ''-" T '` � ►,i< sheet removed later) +' '�,.`, ._ J. ASSESSMENT OF IMPACTS TO CRITICAL HABITAT FOR COE reference number: NWS-2007-688-NO, City of Renton Applicant name: City of Renton, Surface Water Utility, Attn: Daniel Carey June 6, 2007 Please check all evolutionarily significant units (ESUs) that apply: ® Puget Sound Chinook ❑ Lower Columbia River(LCR) Chinook ❑ Upper Willamette River (UWR) Chinook ❑ Upper Columbia River(UCR) Chinook ❑ Hood Canal summer chum ❑ Columbia River chum ❑ Ozette Lake sockeye ❑ UCR steelhead ❑ Snake River basin steelhead ❑ Middle Columbia River steelhead ❑ LCR steelhead ❑ UWR steelhead NOTE—City of Renton. The NMFS web site Endanger Species List for Salmon and Steelhead currently lists Puget Sound Coho Salmon as "Species of Concern", and Puget Sound Steelhead as "Proposed Threatened". The list for those species may have been recently changed to "Threatened". The information below should also be applicable to those species. Directions. For each of the 6 primary constituent elements (PCEs) listed below, describe the existing conditions of the PCE in the action area and the effects from the project on the PCE. List any conservation measures of the project. Conservation measures are actions that will be taken to benefit or promote the recovery of the species/critical habitat. Provide a determination of effect for the project based on effects to all PCEs. Salmon and Steelhead Critical Habitat- Primary Constituent Elements (PCEs) From 50 CFR Part 226, 69 FR 74572 The primary constituent elements determined essential to the conservation of salmon and steelhead are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Describe existing conditions in action area: The temporary diversion dam area north of the sediment basin is a relatively straight channel,4 to 8 feet wide with a gravel bottom, a continuous slope, fast moving water about 2 to 4 inches deep in the summer. Flows in the summer average about 1 cfs, during the winter flows average from 2 to 6 cfs. Peak rates during storm events exceed 100 cfs. The area has shrubs and Page 1 of 4 vegetation along the sides. The high sediment transport down the creek and high storm flow velocity may make this area unsuitable for spawning. The temporary diversion berm area at the flow splitter is part of flow control structure and acts to collect sediment in front of the flow splitter. The channel is about 4 to 8 feet wide and the water is about 4 inches deep. The flow range is the same as the diversion dam area. The side slopes are partially vegetated,partially rip-rap for erosion protection, and part concrete wall for the structures. Due to the sediment accumulation this area is probably not a suitable spawning site. Describe effects from project to PCE: The diversion dam will cause only a minor disturbance area to the creek when it is placed. The vegetation along the sides may be covered or disturbed by the dam, but tends to rebound and regrow quickly after the dam is removed. After the dam is removed the channel will be restored to existing grade by placing new spawning gravel and spreading it to match the existing grade as needed. Past cleanings have shown that the area rapidly return to the existing conditions. In the diversion berm area new sediment is frequently deposited in front of the overflow weir. The diversion dam has little effect on the channel and spillway area. (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Describe existing conditions in action area: See the diversion dam and berm descriptions above in number 1. The diversion dam area does not contain large wood, log deposits, or boulders. Vegetation along the side of the creek, and the forested location,provide some shade to the creek. The area may have use by juveniles for travel up and down the creek. The diversion berm area has has several boulder groups that were installed when the splitter structure was built to help habitat and migration upstream. The area may have use by juveniles for travel up and down the creek. Describe effects from project to PCE: The diversion dam will have little to no effect on the area. The construction methods minimize disturbance of the channel, banks, and vegetation. The area will quickly return to pre-construction conditions The diversion berm will have little to no effect on the area. The boulder groups will be restored to their designed positions to help maintain potential habitat and migration potential. (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, Page 2 of 4 large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Describe existing conditions in action area: See the diversion dam and berm descriptions above in number 1 and 2. The dam and berm areas can function as migration corridors, but have little to no major habitat features such as large woody debris, overhanging banks, and large rocks and boulders. Describe effects from project to PCE: The project will have little to no effect on the diversion dam and berm areas. They will be returned to pre-construction conditions. The areas will still be able to be used by juveniles for travel up and down the creek (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Describe existing conditions in action area: Not Present/Not Applicable Describe effects from project to PCE: (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Describe existing conditions in action area: Not Present/Not Applicable Describe effects from project to PCE: (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Describe existing conditions in action area: Not Present/Not Applicable Describe effects from project to PCE: Conservation measures: The projects that the City constructed on the golf course including the sediment basin, fish ladder, flow splitter, and fish channel and habitat across the golf course provided conservation measures and enhance the potential for habitat and fish migration in Maplewood Creek. Placing the temporary dam and diversion berm is a necessary activities to preserve the function and value of the those projects. No additional conservation measures are needed for the temporary dam and berm. Page 3 of 4 Determination of Effects: The same determination as made by the Army Corps and Agencies for previous cleanings should apply to this assessment: May affect,Not likely to adversely affect. 'For proposed critical habitat, choose one of the following determinations of effects: (a)no effect,(b)no destruction or adverse modification,(c)destruction or adverse modification. For designated critical habitat, choose one of the following determinations of effect: (a)no effect, (b)may affect,not likely to adversely affect, (c)may affect, likely to adversely affect. Page 4 of 4 � I -- C4 / 1 v klk.0 Ca f — . Ja l�h ( 1�6- 7 �11-�9/�� CN/y 4n, le/-C/4 x</f!602 - OL--7p 141 4-y DC b h,er r 11 . ✓t VJ n� 7 le b w ®A 4- a24 /7 ez G✓!� 3 3 A` a L C lX!A'�r /f► f d . `-r, +e A. Ale J441 14, S�c C f G Orly/h,�i«aT/f krl {2w /w1w G�'�C i-rl." r, d Ole <!Vo // _ __ AAl/� �� `{0U/�G 4- Aol/,.;;�,i f • S �31�0� r From: "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 05/30/2007 6:04:38 PM Subject: NWS-2007-688-NO City of Renton Dear Mr. Carey- Thank you for speaking with me today regarding your proposed project to place 25 cubic yards of gravel into Maplewood Creek for your HPA requirements. Your application also mentioned that the sediment pond was to be excavated, which did not require a Corps permit since no fill was to be placed. Please note that although no permit is required to excavate the pond since certain types of excavation are not regulated under Section 404 of the Clean Water Act, the placement of fill waterward of Ordinary High Water, such as sandbags, to dewater the project area does require a permit. Nationwide Permit#33 Temporary Construction, Access, and Dewatering authorizes this type of activity. I've attached the NWP#33 terms and conditions for your reference. «NWP 33 (3-19-07).doc>> You stated that this has not been required in the past. You mentioned that the initial authorization to build the structure included the maintenance plan. This may have been the case but a permit is required to perform the maintenance work. I cannot speak for past permit issuance regarding the gravel placement. It may have been an oversight or error on our part, it may not have been clearly stated in the JARPA form, or policy regarding definition of fill may have changed over the past 5 years. No matter the reason, a permit is required under current regulations for the placement of fill to dewater the stream. I noticed your application stated that you'd like to have the permit by July 9. Please note that ESA concurrence from NMFS and USFWS often takes longer than 5 weeks. It can take several months or longer. After our phone call earlier, I understand the time constraint you are under and spoke with my supervisor regarding it. We will expedite the review of the application through our process but it is dependent upon you to provide us with all the necessary information as soon as possible. We will request the Services to expedite their review, but there are no guarantees as to when we will get concurrence. We may possibly be able to process this as an emergency if you are able to demonstrate that this project meets that definition. A Corps designated "emergency" is "a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures." If you feel this is an emergency situation, please describe why this meets the definition of an emergency and complete the attached form: <<Emergency Report Form (for public use) (4-24-07).doc>> It's in the best interest of the project to keep moving forward, whether or not an emergency is declared. In order to facilitate the processing of this application, I have outlined the necessary information still needed. In accordance with the Endangered Species Act, you submitted the Reference Biological Evaluation form for nearshore fill. This form has since expired. The new form is dated April 2006 and is attached below for your reference. Although you do not need to complete a new form, some additional information is required. <<SPIFNearshore(4-21-06).doc>> Please address the following: On#8 of the new form: Update the listed/proposed species and also Critical Habitat(CH). If CH for fish species is present, provide an assessment of impacts to Critical Habitat primary constituent elements. Please submit an addendum (with drawings) to the JARPA and BE describing the dewatering structure - i.e. dimensions, quantity of fill/sandbags, etc. and its associated impacts on listed and proposed species and their critical habitat. As stated earlier, I am here to assist in whatever way possible. I do understand your time constraint, but we need to follow the required legal procedures. I will work with you to get this project reviewed as quickly as possible. If I can provide any additional information regarding this e-mail or our program, please call or e-mail me. Thank you, Amy Klein Regulatory Program U.S. Army Corps of Engineers-Seattle District PO Box 3755 Seattle, Washington 98124 Phone: 206.766.6438 Fax: 206.764.6602 amy.s.klein@usace.army.mil M/�p1tu>>o Crte, 41,7 r the .� 6 r ri P,, s 1 1 a �kv-- rzI�,i"�'t.r From: Daniel Carey To: Jonathan Smith Date: 05/16/2007 1:17:24 PM Subject: Maplewood Creek JARPA Hi Jonathan, FYI I just mailed the JARPA and supporting info for the gravel placement to the Seattle District Corps office. Thanks, Daniel Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 email: dcareyCc�ci.renton.wa.us DEPARTMENT OF THE ARMY - � - SEATTLE DISTRICT,CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF Regulatory Branch JUN ? 9 2001 Mr. Daniel Carey City of Renton—Surface Water Utility 1055 South Grady Way Renton, Washington 98055 Reference: Renton, City of NWS-2007-688-NO Dear Mr. Carey: We have reviewed your application to place 25 cubic yards of fish gravel below the sediment basin, place a temporary diversion structure at the sediment basin, and place a temporary diversion berm at the flow splitter to dewater the creek during sediment pond maintenance in Maplewood Creek at Renton, King County, Washington. Based on the information you provided to us,Nationwide Permit 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities and Nationwide Permit 33, Temporary Construction, Access, and Dewatering(Federal Register,March 12,.2007 Vol. 72, No. 47), authorize your proposal as depicted on the enclosed drawings dated May 2007 and June 6, 2007. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 27 and 33, Terms and Conditions and the following special conditions: a. You must implement and abide by the ESA requirements and/or agreements set forth in your Reference Biological Evaluation Specific Project Information Form for Nearshore Fill, dated May 5, 2004, and the addendum dated June 6, 2007, in their entirety. You must also comply with the conditions included in the enclosed General Implementation Conditions.The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on June 29, 2007 (NMFS Reference Number M/NWR/2007/04275). They will be informed of this permit issuance. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. The NMFS is the appropriate authority to determine compliance with ESA. b. In order to protect Puget Sound Chinook and Puget Sound steelhead, the permittee may conduct the authorized activities from July 1 through September 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from September 16 through June 30 in any year this permit is valid. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. -2- Deviating from the approved plans could result in the assessment of criminal or civil penalties. Please note that we may need to reinitiate Endangered Species Act Section 7 consultation with the National Marine Fisheries Service and/or U.S. Fish and Wildlife Service in order to authoriz, any work not already included in the enclosed plans. We are unable to determine whether or not your project requires individual Water Quality Certification and a Coastal Zone Management consistency determination response from the Washington State Department of Ecology(Ecology)-. Before you may proceed with the work authorized by this NWP, you must contact the following Ecology office regarding these requirements: Nationwide Permit Coordinator Department of Ecology, SEA Program Post Office Box 47600, Olympia,Washington 98504-7600; telephone(360)407-6927. If more than 180 days pass without Ecology responding to your individual WQC and CZM ,: consistency determination concurrence request, your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. You may then proceed to `> construction_ We have reviewed your project pursuant to the requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat (EFH). We have determined that this project complies with the requirements of NWP National General Condition 11 and will not adversely affect EFH. Our verification of this NWP authorization is valid for 2 years from the date of this letter unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date,please contact us to discuss the status of your authorization. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the 1899 Rivers and Harbors Act. Also, you must obtain all State and local permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permit process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.annv.mil (select "Regulatory" and then "Regulatory/Permits"). -3- If you have any questions about this letter, please contact me at (206) 766-6438 or via email at Amy.S.Klein(i�usace.army.mil. Sincerely, �Mj 0-�� Amy Klein, Project Manager Regulatory Branch Enclosures rtiSY �} CITY ' RENTON ♦ '} o Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator June 8, 2007 P�/ Amy Klein r Regulatory Branch, CENWS-OD-RG Seattle District Corps of Engineers P.O. Box 3755 Seattle, WA 98124-2255 Subject: Additional Information,Emergency Work Form, for City of Renton —Maplewood Creek Gravel Replacement Project, Nationwide Permit 33 for Temporary Structures Dear Ms. Klein: Per our discussions and email on May 30, 2007, it appears that the Army Corps of Engineers (ACOE)will need to issue Nationwide Permit(NWP)27 for the proposed gravel placement, and NWP-33 to install the temporary diversion dam and berm needed to divert water around the sediment basin and flow splitter, so accumulated sediment can be removed. The actual removal of the sediment does not require a permit from the ACOE. On May 15,2007, the City submitted the JARPA and supporting information for review for NWP-27 for the gravel placement. Enclosed please find the following information for NWP-33 that you requested to supplement the City's May 15, 2007 JARPA: • ACOE Form: Notice of Need for Emergency Work • Five Project Drawings (8 1/2 x 11) for the diversion dam and berm • Three pages of photos for the diversion dam and berm • ACOE Form: Assessment of Impacts to Critical Habitat The City feels that the project qualifies as an"Emergency"because the November 2006 storms filled the sediment basin to capacity. All work for the basin cleaning must be completed by September 15, 2007, the work window in the Washington State Department of Fish and Wildlife HPA. If the sediment basin is not cleaned this year, the basin will not capture sediment during the winter of 2007-2008. The sediment will flow downstream and be deposited in the fish ladder, flow splitter, and fish channel, potentially causing adverse impacts to the fish channel habitat and any salmon or other fish using the channel. If a large amount of sediment was deposited,the channel could fill in and cause flooding on the Maplewood Golf Course and adjacent highway(SR- 169). This would require the City to take emergency action during a storm event, outside the normal fisheries construction window. Doing so could result in unavoidable impacts that would be worse than any impact placing the temporary diversion dam and berm would cause. 1055 South Grady Way-Renton,Washington 98057 w 1 ON AHEAD OF THE CURVE. ACOE Nationwide Permit 33 June 8,2007 Page 2 of 2 In order to get a contractor mobilized to the site, the City is requesting the necessary NWPs by July 16, 2007. The City has already advertised the sediment basin cleaning project for bids, and expects to open the bids and award the project in July 2007. The process to obtain all submittals for a contract, and have the contract approved and executed by the Contractor and Mayor, takes about four weeks. It is estimated that the cleaning may take 15 working days. If the City has the permits in hand and can notify the contractor to proceed the project should be completed between August 13 and September 15, 2007. Please let me know the progress of your review and the consultation with the other agencies. If you have any questions or need additional information, please call me at 425-430-7293. Sincerely, Daniel Carey,P.E. Surface Water Utility Engineer Enclosures cc:Ron Straka,Surface Water Utility Supervisor COMPLETE • ON DELIVERY 7003 IN Complete items 1,2, and 3.Also complete A. Sig ture item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑Ad reso that we can return the card to you. B. Received by rated C D of Delivery m Attach this card to the back of the mailpiece, �TiJOWN or on the front if space permits. "n 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes fU If YES,enter delivery address below: ❑ No r-R I O M Postage Amy Klein O Certified Fee Regtdatory Branch,CENWS-OD-RG Seattle District Corps of Engineers 0 Rewm Reciept Fet P.O. Box 3755 3. Se ice Type (Endorsement Re red, Seattle,WA 98124-2255 Se Mail ❑ Express Mail O Restricted Delivery,Fet ❑ Registered eturn Receipt for Merchandise ,-R ( rsement Regwre6 g / P E3 ❑ Insured Mail ❑ C.O.D. '-q Total Postage&Fee: 4. Restricted Delivery?(Extra Fee) ❑Yes m Sent To Am 2. Article Number ORe4_— (Transfer from service label); or PO Box No. Sec PS Form 3811,August 2001 Domestic Return Receipt ,C , -------------------P- P 102595-01-M-2509 City,State,Z/P+4 ' seatue, vv^ io IG4-LLJJ PS Form 3800,June 2002 See Reverse for Instructions H:\Pile Sys\SWP-Surface Water Projects\SWP-27- Surface Water Projects(CIP)\27-2057 Maplewood Sed Basin\05- 2007 Pond Cleaning\1410-ArmyCorps-Permit-Corrspd\070608a ACE-Letter-Emergency.doc\DCmd NOTICE OF NEED FOR EMERGENCY WORK RAMS Number: Date: Time: (Entered by Corps Project Manager onW Proponent's Name:_City of Renton, Attn- Daniel Carey Tel: 425-430-7293 Email- deareynci.renton_wa_us Address: _Renton City Hall, 5th Floor, 1055 ('Trade Way, Renton, WA 99057 Location of Proposed Work (Waterway, address, driving directions): Maplewood Creek located on the Maplewood Golf Course, 4050 Maple Valley Highway, Renton, WA,99059_ From 1-405 in Renton exit to the Maple Valley Highway(SR-1 69), proceed east for 1.7 miles and turn left (north) into the golf coarse Turn left and go t, hrough the e parking lot, then right (north) past the driving range and continue beyond the water treatment building, turn right to the road to the sediment hasin. Contact the Surface, Water i Ttility Project Manager to visit the site_ Section_15 Township_1-23 K Range_R-5 F- Latitude_47 degr . .s R' 9" Longitude_12�degrees 9' 4R" Describe Proposed Work(Including relation to OHW, MHW, or MHHW): To clean the sediment basin a t moor ry diversion dam needs to he installed upstream of the sediment basin, next to the existing concrete inlet for the 19-inch bypass pipe (see attached figures and photos)- For previous cleanings as a temnorary diversion dam was built out of larger m lar bags filled with rock, or a steel beam, and sand hags and plastic sheeting were used to help seal the dam The diversion dam is built below the OHW across the creek and will he about 20 feet long, 10 feet wide, and 5 to 3.5 feet high. The volume of media hags and sandbags used for the dam is estimated at R to 12 cubic yards The diversion dam will divert the creek into the 1 9-inch bvnas�e, allowing the sediment basin to he dewatered and the sediment removed. After the creek is diverted the are,2 from the diversion dam down through the sediment basin will he walked repeatedly to rescue fish life Any fish found will he collected with nets placed in nails, and transferred to downstream sections of the creek After the sediment dries out it will he removed from the basin and hauled away for disposal off-site After the cleaning isiscompleted part of the creek flow will be used to refill the basin over a period of about 12 hours- After the basin is refilled the temporary diversion dam will he removed_ During the entire process water will always he kept flowing downstream so the downstream portions of the creek are not dried up- as required in the Washington State Dent of Fish and Wildlife Hydraulic Project Approval (H_ 1 To clean the flow snlitter a temporary diversion berm is build out of sand hags and mastic sheeting in the flow snlitter_ The diversion berm is built below the OHW in the flow splitt .r,and is about 50 feet long, 1 5 feet hioh and 1.5 feet wide The volume of sandbags used for the berm is estimated at 3 to 5 cubic yards_ Water will he diverted to one side of the herm and the other side is pumped dry and checked for stranded fish_ Any strand fish are caught and transferred to the downs ream creek. Accumulated sediment is removed from th .dry portion of the flow snlitter, and is hauled offsite for disposal The flow is then changed to the other side of the berm and the process is repeated- After the sedim .nt has been cleaned out the diversion berm is removed- Water is always kept flowing,to the downstream portions of the creek What is the amount, location, etc. of any temporary fill/work and when will the material be removed and how will the area be restored? The diversion dam upstream of the sediment basin may contain R to 12 cubic yards of fill material (media baggy sandbags)_ The material will he removed from the site after the basin is cleaned The creek bottom will b restored with new gravel as needed to returned it to the existing siopTe, and grade The diversion berm in the flow splitter structure may contain 3 to 5 cubic yards of fill material (sandbags)_ The material will he removed from the site after the flow splitter is cleaned- The bottom of the flow split ter will be. graded by hand as needed to returned it to the existing slope and grade_ Overall, the basin and flow splitt .r take about 10 to 15 working days to clean All material is removed from the site at the end of the pro* How will the work be performed (clean excavation with backhoe, pushing of material with bulldozer,blasting out the culvert with water, etc.)? The media hags, sandbag.-,,, and plastic sheeting for the dam and herm are usually brought to the site and lowered to the creek in an excavator bucket The hags and sheet are then hand placed by workers to form the diversion dam and berm. Is any of the proposed work in wetlands or below the plane of ordinary high water (freshwater) or below the plane of mean higher high or mean high water (tidal)? The temporary diversion dam and diversion berm are constructed in water below the OHW What is the relationship of the proposed work to previously existing structures (replacing what previously existed or adding different structures, etc)? The temporary diversion dam and diversion berm are a standard part of the maintenance work needed to remove 2 accumulated sediment from the sediment basin and flow snlitt�T two to three years- Are photos available of the site? ® Yes (Please provide) ❑ No See attached photos of the site and previous diversion dam and berm constructed for cleaning_ What coordination with the NMFS/USFW(Services) for ESA/EFH has occurred for the proposal and in the past for the site. The overall nmiest torn istruct the sediment basin,fish ladder, and fish channel across the golf course began in 1992 after a severe flooding event on the golf course. Sediment accumulation and the need for periodic. iodic cleaning was included in the nroiect description and analysis The sediment basin was partially fiinded with a FF,MA Grant_ FEMA nerformed an Environmental Assessment of the nronosed I)roject, received comments from NMFS, no comments were received from i 1SFW, and issued a Finding of No Significant Tmnact for the overall project (February 27, 1995) in March 1998 the Army Cores issues NWP 27 for cleaning the sediment basin, inchidinR the diversion dams. In June 2002 the Army Corns issued letter stating that a Verrnit was not needed for cleaning the basin_ In June 2004 the Corns consulted with NMFS and i JSFWS for nlacing the temporary diversion dams needed for cleaningthe basin NMFS and IJSFWS concurred with the finding "may affect.,ffect, not likely to adversely affect"_ The Corns issued NWP 27 to place fill (the temporary diversion dams)_ The current proposal is at the same location and uses the same methods as previous cleanings_ Has work been completed or is work ongoing? ❑ Yes ® No Date and Times Work Completed: Conservation measures and/or best management practices that will be (have been) employed to minimize effects to ESA- and EFH-protected species: The nroiect follows hest management practices in nlacing the diversion structures by hand,using nhastic sheeting, and minimizing turbidity and disturbance of the creek Per the Washington State Dent. of f Fish Xc Wildlife HPA requirements fish life is rescued from the sediment basin and transferred to a downstream section of the creek. Remarks/Additional Information: (Any other pertinent information? Any previously issued permits for work at the site?): In order to complete cleaning this year the City needs to have the necessary NWP's by.fuly 16,2007 in order to complete the cleaning by Sept. 15, 2007 (the HPA fishery window)- We are requesting that the work window he extended to Sept. 15 to correspond to the HPA Fisheries window, and to allow the time needed for a contractor to complete the work in August-September. 3 It usually takes four to five weeks to award a construction contract, receive the contractor's submittals, and have the contract executed If the City awards the contract after receiving the NWP's the contractor should he able to start work about August 1 I and complete work by September 15. This project is an emergency situation because the severe storms in November 2006 almost completely filled the sediment basin, and it will not function to capture sediment over the next winter The sediment basin captures an estimated 300 to 400 cubic yards of sediment each year if the basin is not cleaned this year sediment will flow past it and start to fill in the fish ladder, flow, and downstream fish channel_ The fish channel on the golf course will probably receive extra sediment affecting it's s� pa ning_and habitat functions. Sediment could fill in the flow split ter, hlo kin flow to the fish channel and affecting its h hitat value. The fish channel may fill in with sediment, reducing it's flow capacity, and possible causing flooding on the golf course and on highway SR-169 during an extreme rainfall event_ Send completed form and any other pertinent information, including photographs to: U.S. Army Corps of Engineers Regulatory Branch P.O. Box 3755 Seattle, Washington 98124 Fax: (206) 764-6602 4 PLAN VIEW F� E INL Q / TEMPORARY DIVERSION DAM , SEE DETAIL 1 r EX TI G r SE IM N BA IN r WZ r � r 96.5 103.5 I \ 101.2 , CI OF RENTO ; 77.M PLEWOOD GOL RSE ,7a s . FLOW SPLITTER AND TEMPORARY 74.7 DIVERSION BERM SEE DETAIL 2 1.s FISH CH EL OVER W ; , 4.z � 74.2 ON GOL COURSE CHANNE PROJECT SITE LATITUDE: 470 28'29" LONGITUDE: 122° 09'48" 0 75 150 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1" = 150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 1 of 5 DETAIL 1 APLEW CREEK � O i OHW (A r i- j' i i PLASTIC SHEET SANDBAGS ;' TO SEAL DAM, ,'REDUCE UNDERFLOW CONC TE NLET 1 ' BYPAS PIPE i- a A ;. -20' i TEMPORARY �1VERSION hAM APPROX 2.5 _� 3.5 FEET HIGH CONSTRU - D OF SANDBAGS, MEDIA BAGS, AND PLAS SHEETING!(TYP) PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" 0 5 10 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1"= 10 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 2 of 5 CROSS-SECTION 1 CROSS-SECTION A-A, LOOKING EAST TEMPORARY DIVERSION DAM UPSTREAM OF SEDIMENT BASIN OHW DEPTH APPROX -2' 2 TO 4 INCHES SANDBAGS TO SEAL EDGES AND ANCHOR PLASTIC FLOW I I _ � II � I 1 ---------- CHANNEL PLASTIC SHEETING BOTTOM MEDIA BAG OR OTHER MATERIAL CONCRETE INLET TO FORM DAM AND BYPASS PIPE (IN FOREGROUND) PROJECT SITE LATITUDE: 47' 28'29" LONGITUDE: 122' 09'48" NEIGHBORING PROPERTY OWNER: CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 3 of 5 DETAIL 2 i % O TEMPORARY DIVERSION BERM APPROX 1.0 TO 1.5 FEET HIGH i i CONSTRUCTED OF SANDBAGS i AND PLASTIC SHEETING / i� MAPLEWOOD CREEK OHW (Approx) 501 B TO FISH CHANNEL B REMOV ACCUMULATED SEDIM NT OVERFLOW CHANNEL FLOW SPLITTER (DRY) PROJECT SITE LATITUDE: 47' 28' 29" LONGITUDE: 122' 09'48" 0 5 10 NEIGHBORING PROPERTY OWNER: t N0N9zzz1NE11= CASEY McCARTY NORTH SCALE 1" = 10 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 4 of 5 CROSS-SECTION 2 CROSS-SECTION B-B, LOOKING EAST TEMPORARY DIVERSION BERM AT FLOW SPLITTER OHW DEPTH APPROX BERM FROM SANDBAGS 2 TO 4 INCHES AND PLASTIC SHEETING FLOW n ,COMING � I TbWARD PAGE 0 0� ~2,5 CHANNEL F_ J BOTTOM — -- — J ACCUMULATED SEDIMENT FLOW SPLITTER OVERFLOW WEIR PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" NEIGHBORING PROPERTY OWNER: CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 5 of 5 Maplewood Creek Sediment Basin Page 1 2007 Existing Conditions Approx Loc. Y x Concrete Inlet ' " � and Diversion Dam a rqu Sediment Basin - •. . " Looking North About 4 to 5 feet of accumulated sediment. '.W �'' .•�� ' fay ., . Concrete Inlet for =s 18 Bypass Pipe Looking East at creek . 1%km wM 't'.. To Fish Channel across golf course �+ ` Flow Splitter �~ ' Looking West , _.=� � . About 2 feet of accumulated sedimentVAUi,6 '` . 'fib'y �, - .k 1 a� rR..,� ...•y:. � Maplewood Creek - Diversion Dam page 2 North of Sediment Basin Diversion Dam Location Concrete Inlet for 9 18" Bypass Pipe Looking Northeast µ Underground Bypass pipe 2004 Diversion Dam Looking East Built using a steel beam -, Plastic sheeting, and ' sandbags -74'1."5. 1999 Diversion Dam Looking North, up the creek. , Built using 9 media bags � . filled with large rock, plastic sheeting, and " sandbags Concrete Inlet - 'x �- Maplewood Creek e Diversion Berm Page 3 At Flow Splitter Flow Splitter .< Looking West About 2 feet of .� . accumulated sediment : K:. x 2004 Flow Splitterf� Looking Southwest0, k Diversion Berm ' .. made of sandbags, and cleaning : r,Y r 4 ` 1 } �i•. 1 2004 Flow Splitter f Looking West b ,n After cleaning. (bags and plastic sheet removed later) Z r ASSESSMENT OF IMPACTS TO CRITICAL HABITAT FOR COE reference number: NWS-2007-688-NO, City of Renton Applicant name: City of Renton, Surface Water Utility, Attn: Daniel Carey June 6, 2007 Please check all evolutionarily significant units (ESUs) that apply: ® Puget Sound Chinook ❑ Lower Columbia River(LCR) Chinook ❑ Upper Willamette River(UWR) Chinook ❑ Upper Columbia River(UCR) Chinook ❑ Hood Canal summer chum ❑ Columbia River chum ❑ Ozette Lake sockeye ❑ UCR steelhead ❑ Snake River basin steelhead ❑ Middle Columbia River steelhead ❑ LCR steelhead ❑ UWR steelhead NOTE — City of Renton. The NMFS web site Endanger Species List for Salmon and Steelhead currently lists Puget Sound Coho Salmon as "Species of Concern", and Puget Sound Steelhead as "Proposed Threatened". The list for those species may have been recently changed to "Threatened". The information below should also be applicable to those species. Directions. For each of the 6 primary constituent elements (PCEs) listed below, describe the existing conditions of the PCE in the action area and the effects from the project on the PCE. List any conservation measures of the project. Conservation measures are actions that will be taken to benefit or promote the recovery of the species/critical habitat. Provide a determination of effect for the project based on effects to all PCEs. Salmon and Steelhead Critical Habitat - Primary Constituent Elements (PCEs) From 50 CFR Part 226, 69 FR 74572 The primary constituent elements determined essential to the conservation of salmon and steelhead are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Describe existing conditions in action area: The temporary diversion dam area north of the sediment basin is a relatively straight channel,4 to 8 feet wide with a gravel bottom, a continuous slope, fast moving water about 2 to 4 inches deep in the summer. Flows in the summer average about 1 cfs, during the winter flows average from 2 to 6 cfs. Peak rates during storm events exceed 100 cfs. The area has shrubs and Page 1 of 4 vegetation along the sides. The high sediment transport down the creek and high storm flow velocity may make this area unsuitable for spawning. The temporary diversion berm area at the flow splitter is part of flow control structure and acts to collect sediment in front of the flow splitter. The channel is about 4 to 8 feet wide and the water is about 4 inches deep. The flow range is the same as the diversion dam area. The side slopes are partially vegetated,partially rip-rap for erosion protection, and part concrete wall for the structures. Due to the sediment accumulation this area is probably not a suitable spawning site. Describe effects from project to PCE: The diversion dam will cause only a minor disturbance area to the creek when it is placed. The vegetation along the sides may be covered or disturbed by the dam, but tends to rebound and regrow quickly after the dam is removed. After the dam is removed the channel will be restored to existing grade by placing new spawning gravel and spreading it to match the existing grade as needed. Past cleanings have shown that the area rapidly return to the existing conditions. In the diversion berm area new sediment is frequently deposited in front of the overflow weir. The diversion dam has little effect on the channel and spillway area. (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Describe existing conditions in action area: See the diversion dam and berm descriptions above in number 1. The diversion dam area does not contain large wood, log deposits, or boulders. Vegetation along the side of the creek, and the forested location, provide some shade to the creek. The area may have use by juveniles for travel up and down the creek. The diversion berm area has has several boulder groups that were installed when the splitter structure was built to help habitat and migration upstream. The area may have use by juveniles for travel up and down the creek. Describe effects from project to PCE: The diversion dam will have little to no effect on the area. The construction methods minimize disturbance of the channel, banks, and vegetation. The area will quickly return to pre-construction conditions The diversion berm will have little to no effect on the area. The boulder groups will be restored to their designed positions to help maintain potential habitat and migration potential. (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, Page 2 of 4 large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Describe existing conditions in action area: See the diversion dam and berm descriptions above in number 1 and 2. The dam and berm areas can function as migration corridors, but have little to no major habitat features such as large woody debris, overhanging banks, and large rocks and boulders. Describe effects from project to PCE: The project will have little to no effect on the diversion dam and berm areas. They will be returned to pre-construction conditions. The areas will still be able to be used by juveniles for travel up and down the creek (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Describe existing conditions in action area: Not Present/Not Applicable Describe effects from project to PCE: (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Describe existing conditions in action area: Not Present/Not Applicable Describe effects from project to PCE: (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Describe existing conditions in action area: Not Present/Not Applicable Describe effects from project to PCE: Conservation measures: The projects that the City constructed on the golf course including the sediment basin, fish ladder, flow splitter, and fish channel and habitat across the golf course provided conservation measures and enhance the potential for habitat and fish migration in Maplewood Creek. Placing the temporary dam and diversion berm is a necessary activities to preserve the function and value of the those projects. No additional conservation measures are needed for the temporary dam and berm. Page 3 of 4 Determination of Effect: The same determination as made by the Army Corps and Agencies for previous cleanings should apply to this assessment: May affect,Not likely to adversely affect. 1 For proposed critical habitat,choose one of the following determinations of effects: (a)no effect,(b)no destruction or adverse modification, (c)destruction or adverse modification. For designated critical habitat,choose one of the following determinations of effect: (a)no effect, (b)may affect,not likely to adversely affect,(c)may affect, likely to adversely affect. Page 4 of 4 A CS A From: "Klein, Amy S NWS" <Amy.S.Klein @usace.army.mil> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 01/23/2008 9:35:11 AM Subject: RE: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Under this circumstance, go ahead and use the permit authorization again since it is still valid. Be sure to follow all terms and conditions. will add this e-mail and the photos you submitted to your project file for future reference. Amy Amy S. Klein Regulatory Program U.S. Army Corps of Engineers-Seattle District PO Box 3755 Seattle, Washington 98124 Phone: 206.766.6438 Fax: 206.764.6602 amy.s.klein@usace.army.mil -----Original Message----- From: Daniel Carey[mailto:Dcarey@ci.renton.wa.us] Sent: Wednesday, January 23, 2008 9:26 AM To: Klein, Amy S NWS Cc: Ronald Straka; Lori (ECY) Enlund Subject: City of Renton -Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Hi Amy, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. We will need to do the entire cleaning project again in 2008. The Army Corps of Engineers June 29, 2007 letter authorizing the work stated that the NWP authorization was valid for 2 years after the date of the letter. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. Can the City use the June 29, 2007 authorization and NWP's to perform the cleaning in 2008? Let me know if you have any questions. Thanks, Daniel Carey Renton City Hall -5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 Email: dcarey@ci.renton.wa.us >>> "Klein, Amy S NWS" <Amy.S.Klein @nws02.usace.army.mil> 06/29/07 3:54 >>> PM >>> ***`Please note the original message was recalled. I attached the May 2004 drawings instead of the May 2007 drawings. Here is the updated permit verification letter. I apologize for the inconvenience. Amy*** > Hi Dan- >Attached is your permit with terms and conditions. I have also cc'd > Ecology on this so they have a copy. I will be sending a hardcopy as >well but this one is official. Please call or e-mail me if I can be > of additional assistance. Please contact me about pursuing this > action as an Individual Permit for future sediment maintenance. > «NWS-2007-688-NO.pdf>> <<Certificate of Compliance Form.doc>> > «NWP 33 (3-19-07).doc>> «NWP 27 (3-19-07).doc>> <<Conditions for > Nearshore Fill.doc>> > Lori - If you need a hardcopy for this action, you should have one by > later next week. If you can proceed with an electronic copy, then let > me know if this is sufficient or if you need any additional information. > Thank you, >Amy >Amy S. Klein > Regulatory Program > U.S. Army Corps of Engineers- Seattle District PO Box 3755 Seattle, >Washington 98124 > Phone: 206.766.6438 > Fax: 206.764.6602 > amy.s.klein@usace.army.mil C,6A From: Daniel Carey To: Amy S NWS Klein Date: 01/23/2008 9:26:14 AM Subject: City of Renton - Maplewood Sediment Basin Re: NWS-2007-688-NO Permit Hi Amy, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. We will need to do the entire cleaning project again in 2008. The Army Corps of Engineers June 29, 2007 letter authorizing the work stated that the NWP authorization was valid for 2 years after the date of the letter. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. Can the City use the June 29, 2007 authorization and NWP's to perform the cleaning in 2008? Let me know if you have any questions. Thanks, Daniel Carey Renton City Hall - 5th Floor, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Phone: 425-430-7293 FAX: 425-430-7241 Email: dcarey(o-)ci.renton.wa.us >>> "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.army.mil> 06/29/07 3:54 PM >>> ****Please note the original message was recalled. I attached the May 2004 drawings instead of the May 2007 drawings. Here is the updated permit verification letter. I apologize for the inconvenience. Amy*** > Hi Dan- >Attached is your permit with terms and conditions. I have also cc'd > Ecology on this so they have a copy. I will be sending a hardcopy as well > but this one is official. Please call or e-mail me if I can be of > additional assistance. Please contact me about pursuing this action as an > Individual Permit for future sediment maintenance. > «NWS-2007-688-NO.pdf>> <<Certificate of Compliance Form.doc>> «NWP 33 > (3-19-07).doc>> «NWP 27 (3-19-07).doc>> <<Conditions for Nearshore > Fill.doc>> > Lori - If you need a hardcopy for this action, you should have one by later > next week. If you can proceed with an electronic copy, then let me know if > this is sufficient or if you need any additional information. > Thank you, >Amy >Amy S. Klein > Regulatory Program > U.S. Army Corps of Engineers- Seattle District > PO Box 3755 > Seattle, Washington 98124 > Phone: 206.766.6438 > Fax: 206.764.6602 > amy.s.klein(o-)usace.army.mil CC: Lori (ECY) Enlund; Ronald Straka City of Renton, King County Page 1 Maplewood Golf Course Sediment Basin r6 . w Overflow Spillway s Sept. 12, 2007 Basin cleaned out. Looking East at overflow weir r --entering eek y, ..:ice.. 4. „ ' ..ter w•.:, •7 � 9 Overflow Spil lway ay Oct. 5, 2007 Basin cleaned out. Looking North from overflow weir City of Renton, King County Page 2 Maplewood Golf Course Sediment Basin ° ;x Overflow m , Sp i I Iway x z $ 41, rt Dec. 10, 2007 Sediment deposited by Dec.3 Flood Looking East at overflow weir. x -Y� �� \ •' f III I6If i�jol�q`i�l�P a �y1 xq 9 , Overflow Spillway Dec. 10, 2007 Sediment deposited by Dec.3 Flood Looking North from overflow weir. City of Renton, King County Page 3 Maplewood Golf Course Sediment Basin Oct. 5, 2007 Flow Splitter after cleaning. Appx. 1 .5 - 2 feet of gravel deposited. i 3 F m y � r E s� e � t a ' u Jan. 15, 2008 Flow Splitter with sediment deposited by Dec. 3 Flood. 1 1 y�paPao.. US Army Corps CERTIFICATE OF COMPLIANCE of Engineers, WITH DEPARTMENT OF THE ARMY PERMIT Seattle District 4+row m� Permit Number: NWS-2007-288-NO Name of Permittee: Renton, City of Date of Issuance: Ta n c. 2 7, 2 00 7 Upon completion of the activity authorized by this permit,please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in u accordance with the terms and conditions of this permit. The mitigation required(not including monitoring)by the above-referenced ❑ permit has been completed in accordance with the terms and conditions of this permit. Signature of Peridittee C,1<r o � lrZen fan , Sur.�►ic G✓�k. u��'l; lf2 s- y 30- 7 2 f Z3 -o8c From: Daniel Carey To: Amy S NWS Klein Date: 01/23/2008 11:35:38 AM Subject: RE: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Thanks Amy, That saves time and effort for both of us. Daniel >>> "Klein, Amy S NWS" <Amy.S.Klein@usace.army.mil> 01/23/08 9:34 AM >>> Under this circumstance, go ahead and use the permit authorization again since it is still valid. Be sure to follow all terms and conditions. I will add this e-mail and the photos you submitted to your project file for future reference. Amy Amy S. Klein Regulatory Program U.S. Army Corps of Engineers - Seattle District PO Box 3755 Seattle, Washington 98124 Phone: 206.766.6438 Fax: 206.764.6602 amy.s.klein(@_usace.army.mil -----Original Message----- From: Daniel Carey fmailto:Dcarey(-o)_ci.renton.wa.usl Sent: Wednesday, January 23, 2008 9:26 AM To: Klein, Amy S NWS Cc: Ronald Straka; Lori (ECY) Enlund Subject: City of Renton - Maplewood Sediment Basin Re:NWS-2007-688-NO Permit Hi Amy, The City cleaned out the Maplewood Sediment Basin and Flow Splitter in late August/early September 2007. Then in December 2007 we had storms with a peak rainfall of 4.2 inches in 24-hours, which exceeded the 100-year, 24-hour storm (3.9 inches). The storms caused a large amount of erosion and sediment, and completely filled the Maplewood Sediment Basin and Flow Splitter. Attached are pictures of the basin and flow splitter before and after the storm. We will need to do the entire cleaning project again in 2008. The Army Corps of Engineers June 29, 2007 letter authorizing the work stated that the NWP authorization was valid for 2 years after the date of the letter. Our cleaning project in 2008 will be exactly the same as in 2007. We will use the same techniques to temporarily divert the water around the sediment basin and flow splitter, and will clean the same areas as before. The work will be scheduled for August 2008, within the time period allowed by the NWPs and Washington Dept. of Fish and Wildlife HPA. s /s07 y CITY OF" RENTON e '� o Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator CoP/ May 15, 2007 Regulatory Branch, CENWS-OD-RG Seattle District Corps of Engineers Post Office Box 3755 Seattle, WA 98124-2255 Subject: JARPA for Nationwide Permit 27, Stream and Wetland Restoration City of Renton—Maplewood Creek Gravel Replacement Project Dear Sir/Madam: The City of Renton is applying for the Army Corps permit needed to add up to 25 cubic yards of clean gravel to the new channel constructed across the Maplewood Golf Course, as required by the May 15, 2007 Hydraulic Permit(HPA) issued by the Washington State Department of Fish and Wildlife (WDFW). The gravel is needed to replace previously placed gravel that was been washed downstream or been covered with sediment. WDFW originally included the gravel requirement in their April 30, 2003 HPA. The City applied for Army Corps permits in May 2004 and was issued Nationwide Permit 27, Stream and Wetland Restoration, for the gravel placement on August 27, 2004 (Reference: 200400635). The gravel was successfully placed in 2004. The proposed gravel placement will be in the same general locations and will use the same methods as in 2004. The City is using some of the same information for this application as in the 2004 application. Enclosed are the following forms and information for the proposed project: Joint Aquatics Resource Permit Application for gravel replacement(2007 JARPA) Project Drawings (8 1/2 x 11) (same as 2004 application) 5/15/07 HPA, Provision 11 requires gravel placement Army Corps NWP 27 approval letter and figures (Aug. 27, 2004) Specific Project Information Form (2004 application) Project Background and Purpose Narrative (2004 application) 6/28/02 Corps review letter stating that no permit is needed to clean sediment basin The City plans to place the gravel in conjunction with cleaning the sediment basin. The work may occur between July 9 and Sept. 15, 2007. Please review the information and let me know when you anticipate issuing the applicable permit. We would like to have the necessary permit issued by July 9, 3007 to meet our expected construction schedule. 1055 South Grady Way-Renton,Washington 98055 RE N 1 O N AHEAD OF THE CURVE This paper contains 50%recycled material.30%post consumer F Seattle COE May 15,2007 Page 2 of 2 Is it possible to get a permanent Corps permit, or a 5-year permit coinciding with the WDFW HPA, for this type of maintenance work, since the WDFW may require the City to replace and refresh the gravel in the constructed channel every time the sediment basin is cleaned? If you have any questions or need additional information,please call me at 425-430-7293. Sincerely, Daniel Carey, P.E., Project Manager Surface Water Utility Enclosures HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 Maplewood Sed Basin\05- 2007 Pond Cleaning\1410-ArmyCorps Appl-Permit\070515a Cover-Letter-FINAL.doc\DCtp IP — AGENCY USE ONLY JARPA FORM LAST UPDATED:March 19,2007 Agency Reference#: Date Received: irculated by: (local govt.or agency) rojectt Tracking Number Washington State JOINT AQUATIC RESOURCES PERMIT APPLICATION (JARPA) Form Step 1:Get Ready Step 2:Complete Form Step 3:Check Work Step 4:Copy and Send In Go to www.epermittine.org Use black ink. Use internet"Help" Use final review See JARPA Contacts at for correct form and Check correct buttons to answer checklist at www.epermitting.org for instructions. permit boxes. questions completely. www.epermitting.org. correct mailing addresses. ❑ Fish Habitat Enhancement Projects per RCW 77.55.181. You must submit copy of completed JARPA form and Fish Habitat Enhancement JARPA Addition to your Local Government Planning Dep't and WA Dep't of Fish and Wildlife(WDFW)Area Habitat Biologist on same day. Note for Local Governments:You must submit comments to WDFW within 15 working days. Based on instructions at www.el)ermitting.org, I am sending copies of this application to the following: (check all that apply) ❑Local Government for Shoreline: nSubstantial Development ❑Conditional Use ariance ❑Exemption ❑Revision ❑Floodplain Management ❑Critical Areas Ordinance X❑Washington Department of Fish and Wildlife for Hydraulic Project Approval (Submit 2 copies to WDFW Region) ❑Washington Department of Ecology for 401 Water Quality Certification (to Regional Office-Federal Permit Unit) ❑Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification QCorps of Engineers for: X Section 404 permit Section 10 permit ❑Coast Guard for: nGeneral Bridge Act Permit ❑Private Aids to Navigation(for non-bridge projects) []For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE. Maplewood Creek 2007 Maintenance Project PROJECT DESCRIPTION: Refresh existing spawning gravel in the creek as required by WDFW SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT City of Renton Surface Water Utility, Daniel Carey MAILING ADDRESS 1055 S.Grad Wa 5th Floor, Renton,Washington 98057 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 425-430-7293 dcarey ci.renton.wa.us NA 425-430-7241 If an agent is acting for the applicant during the permit process, complete#2. Be sure agent signs Section C(Signature Block)fo all permit applications k+ �.�'I+ 2.AUTHORIZED AGENT MAILING ADDRESS WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 3. Relationship of applicant to property: x] OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name, address and phone number of property owner(s) if other than applicant: NA 5. Location (street address, including city, county and zip code,where proposed activity exists or will occur) Maplewood Golf Course, 4050 Maple Valley Highway, Renton, King Co., WA, 98058 Local government with jurisdiction (city or county) City of Renton Waterbody you are working in Maplewood Creek EM Tributary of 00 WRIA# Is this waterbody on the 303(d) List ❑ YES ❑x NO Cedar River 08-0302 If YES,what parameter(s)? NA Shoreline designation Zoning designation RC,Resource Conservation. 'Y,Section Section Township Range Government Lot SW 1/4 15 23N 5E NA IZO DNR stream type if known Maplewood Creek is a DNR Type 2. NW 1/4 22 Cedar River is DNR Type 1. NE 1/4 21 Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.org 1 Latitude and Longitude: 47°28'29"N, 122°09'48"W Tax Parcel Number Golf Course Tax Parcels 152305-9088,222305-9090 6. Describe(a)the current use of the property, (b)structures existing on the property, and (c) existing environmental conditions. Have you completed any portion of the proposed activity on this property? ❑ YES ❑x NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. The property is currently used as a municipal golf course. There are several small parcels of private single-family residences next to the creek. One single-family residence has a Surface Water Right to Maplewood Creek. A municipal well field and treatment building, driving range,clubhouse and restaurant have been built on the golf course. Maplewood Creek flows from the northeast and receives runoff from about 1000 acres of upstream forest, residential,and commercial areas. On the golf course property Maplewood Creek flows into the Sedimentation Basin and discharges through a fish ladder. The stream flows back into the creek channel for 280 feet until reaching the flow splitter. The flow splitter directs all low flow into the main channel which flows to the southwest across the golf course. From the golf course the main channel flows into a WSDOT culvert under SR-169,and into a WSDOT fish ladder which discharges to the Cedar River. The high flow channel is used for flood event and flows directly to the south to a second WSDOT culvert under SR-169. The high flow channel is dry for the majority of the year, and is only used when runoff exceeds the capacity of the flow splitter. The Sediment Basin was permitted by the WDFW and Army Corps of Engineers,and was built in 1997. The main channel across the golf course was permitted by WDFW and the Army Corps of Engineers,and was constructed to improve fish passage and provide habitat on the golf course. The fish ladder,flow splitter and main channel were built in 1998-1999. Is the property agricultural lands YES � NO Are you a USDA program participant. ❑ YES 0 NO IM. 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. This JARPA is similar to the one the City submitted on May 27, 2004 to place up to 25 cubic yards of spawning gravel as required by the Washington State Dept.of Fish and Wildlife(WDFW) in their April 30,2003 HPA(#ST-174720-03). On August 27, 2004 the Army Corps of Engineers authorized that work under nationwide permit NWP 27, Reference#200400635. Conditions at the site have not changed so the City is submitting the same type of drawings and information for this JARPA that it used previously. The April 2003 HPA issued by WDFW required that the City place up to 25 cubic yards of new spawning gravel in the constructed creek channel (main channel)downstream of the sediment basin and flow splitter. In May 2007 the WDFW area habitat biologist inspected the channel and stated that new gravel needed to be placed to replace gravel that had washed downstream during the winter storms,and to refresh the existing gravel. WDFW has issued a new HPA for the site that includes the requirement to place new gravel(5/15/07). The approximate locations and specifications for gravel placement are shown on the attached drawings. The section between the sediment basin and flow splitter uses gravel with a maximum 6-inch size(approved by WDFW)to help provide a more stable bottom during higher flows. The section downstream of the flow splitter structure uses gravel with a 4-inch maximum size since it does not receive the full flow from the creek during flood events. Between the sediment basin and flow splitter structure gravel may be placed at the side of the creek with a backhoe,and then will be spread by hand shovel over the bottom of the creek. In the section downstream of the splitter structure gravel will be brought to the top of the bank in a small vehicle or wheel barrow. The gravel will then be placed by hand in the creek areas below the log drops. As noted in the May 27, 2004 JARPA,the City will also be removing accumulated sediments from the sediment basin and flow splitter structure. WDFW will be issuing a HPA for removing the sediment. A June 28, 2002 letter from the Army Corps stated that a Corps permit was not needed to remove sediment since fill material was not being placed, the method was clean excavation with a backhoe(Corps Reference#2002-4-00606 letter attached). PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHERAGENCIES. Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 2 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. Over time the gravel bedding placed in the creek channel between the sediment basin and flow splitter structure,and at the log drops, has eroded and traveled downstream during heavier flood flows. The heavy rains and flood in November 2006 likely caused more erosion than normally occurs. The WDFW will require gravel placement in those areas to help restore the creek bed gravel to the condition and level when the creek was constructed and the gravel was originally placed in 1999. EM 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality,water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. Some temporary increase in water turbidity may occur while placing new gravel in the creek. All gravel placed in the creek will be clean washed gravel meeting the gradation required by WDFW. To help reduce any potential impacts the gravel will be spread across the bottom of the creek by hand to minimize any disturbance and any sediment that may be stirred up by its placement. Any sediment raised is expected to dissipate quickly over the remaining portions of the creek before reaching the Cedar River. EM 7d. For in-water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity(WAC 173.201A-410)? ❑x YES ❑ NO 8. Will the project be constructed in stages? ❑ YES NO Proposed starting date: Estimated duration of activity: 9. Check if any temporary or permanent structures will be placed: ❑ Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑ Waterward of the mean higher high water for tidal waters? 10. Will fill material(rock,fill, bulkhead, or other material)be placed: Yes nx Waterward of the ordinary high water mark or line for fresh waters? If YES, VOLUME(cubic yards) less then 25 CY of gravel /AREA (acres) ❑ Waterward of the mean higher high water for tidal waters? If YES, VOLUME(cubic yards) /AREA (acres) 11. Will material be placed in wetlands? ❑ YES Ox NO If YES: A. Impacted area in acres: B. Has a delineation been completed? If YES, please submit with application. ❑ YES ❑ NO "' C. Has a wetland report been prepared? If YES, please submit with application ❑ YES ❑ NO D. Type and composition of fill material (e.g., sand, etc.) QM E. Material source: F. List all soil series (type of soil) located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ❑ NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than 1/10 of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification may be required from Ecology in addition to an approved mitigation plan if your project wetland impacts are greater than 1/10 acre in size. Please submit the JARPA form and mitigation plan to Ecology for 401 certification review. tM 12. Stormwater Compliance: This project is(or will be)designed to meet ecology's most current stormwater manual, or an Ecology approved local stormwater manual. E] YES ❑ NO If YES—Which manual will your project be designed to meet? The Project was designed to meet the applicable sections of the King County Surface Water Manual. It meets the applicable standards in the Ecology Stormwater Manual for Western Washington. If NO—For Clean Water Act Section 401 and 404 permits only—Please submit to Ecology for approval,along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201 A) Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 3 13. Will excavation or dredging be required in water or wetlands? ❑ YES (]x NO If YES: A. Volume: (cubic yards) /area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA) been completed 0 YES ❑ NO SEPA Lead Agency: City of Renton Development Services Division SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption DNS Decision Date(end of comment period) 3/19/96 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications, approvals or certifications from other federal, state or local agencies for any structures, construction discharges or other activities described in the application(i.e. preliminary plat approval, health district approval,building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. SEPA DNS, for basin and creek construction City of Renton LUA-96-009 March 19, 1996 Yes Nationwide Permit 26,basin construction,cleaning US Army Corps Engineers 96-4-00169 May23, 1996 Yes Hydraulic Project Approval, for basin construction WDFW 00-C3239-01 June 26, 1996 Yes Nationwide Permit 27 US Army Corps Engineers 98-4-00406 March 30, 1998 Yes Hydraulic Project Approval,for last cleaning WDFW ST-F4720-03 April 30,2003 Yes Nationwide Permit 27,restore spawning gravel US Army Corps Engineers 200400635 Aug.27,2004 Yes Hydraulic Project Approval,for cleaning WDFW 109034-1 May 15,2007 No CM 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES x0 NO If YES, explain: SECT/ON B - Use for Shoreline and Corps of Engineers permits only: 1 17a. Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals,etc. Gravel Placement Estimated at$1,500 to$2,500. 17b. If a project or any portion of a project receives funding from a federal agency, that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. FEDERAL FUNDING ❑ YES 0 NO If YES, please list the federal agency. 18. Local government with jurisdiction: City of Renton 19. Provide names, addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER Casey McCarty 4012 Maple Valley Highway, Renton,WA 98058 425-228-3487 Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED: March 19,2007 For help call 800-917-0043 or visit www.epermitting.org 4 SECTION C- This section MUST be completed for any permit covered by this application HM 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I agree to start work ONLY after all necessary permits have been received. -.J�`,-✓`� /-'ram �, DATE r SIGNATURE OF APPLICANT: Daniel Carey, Projp6t Manager, City of Renton Surface Water Utility Y��/ -G' 7 DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick,scheme,or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog,swamp,flood plain,floodway, delta;type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand,gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use,or, in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.21A 5 VICINITY MAP I s PRO C ITE Maplewood Creek ® Cedar Ma le o Golf Co e I PROJECT SITE LATITUDE: 47° 28' 29" 0 800 1600 LONGITUDE: 122° 09'48" NORTH SCALE 1" = 1600 FT MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 1 of 6 PLAN VIEW - 1 EXI TI G SE IM N BA IN i i .74.3 96.5 G 103.5 MAPLEWOOD EEK 101.2 N VI W 2 G = G VEL PLACEMENT 90. LOCATI NS (APPX) G Mc A RDPE 1 73.6 77.3 83.0 9 . G > 74.4 � 74.7 G G 71s G EXISTI FL-qW \ 74.2 SPLITTE TRi�Ci i MAPLEWOOD CREEK PLAN 84.0 \ 71.5 74.3 G 77.7 VIEW-3 �azs HIGH FLOW CHANNEL ( 80.6 .z / . / • 80.1 77.6 79.9 150' 7 4 CITY70F RENT N - WOOQ GOL OURSE-9 PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" 0 75 150 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1"= 150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 2 of 6 PLAN VIEW - 2 1�7 Q Oo o � EX. BOULDER CLUSTERS �O O (TYPICAL) ORDINARY HIGH WATER LINE j (TYPICAL) OO 2 m� O a �o GRAVEL REPLACEMENT AREA \ (TYPICAL) PLACE APPROX. 1 TO 2 CY OF \ CLEAN GRAVEL \ SEE SECTION VIEW , EX. ROOT I.OG EX. ASPHALT ROAD % AND PARKING LOT 0 5 10 NORTH SCALE 1 ' = 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 3 of 6 SECTION VIEW A-A EX. TREES AND EX. SHRUBS AND CUTTINGS SHRUBS PLANTED BY CITY WATER DEPTH VARIES EX. WEST BANK I I EE 2"TO 6" (TYPICAL) EX. EAST BANK REBUILT FOR I II= �_ OHWL CHANNEL CONSTR. — ORIGINAL ORIGINAL GRAVEL LAYER 12" THICK GRAVEL REPLACEMENT WIDTH VARIES ERODED GRAVEL LEVEL 6"TO 12"THICK (APPROX.) 5'TO 8'TYPICAL (APPROX.) 1 TO 2 CY OF CLEAN GRAVEL GRAVEL REPLACEMENT SPEC. IN HIGH FLOW AREA FROM SEDIMENT BASIN TO FLOW SPLITTER* SIZE Percent Finer by Weight 6" 60- 100% 3" 30 - 60% TYPICAL SECTION A-A 1" 0 - 30% NEAR PLAN VIEW 2 1/4" 0% FROM SEDIMENT BASIN TO FLOW SPLITTER 0 5 (LOOKING UPSTREAM) SCALE 1" -5 FT *NOTE - Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 4 of 6 PLAN VIEW - 3 �0 �o EX. BOULDER CLUSTERS �� --- - (TYPICAL) O EX. LOG DROP (TYPICAL) GRAVEL REPLACEMENT AREA / (TYPICAL) PLACE APPROX. 1 CY OF CLEAN GRAVEL SEE SECTION VIEW B O io / z B o ORDINARY HIGH WATER LINE / �Op (TYPICAL) - -- EX. GRASS ROUGH EX. GRASS ROUGH t --I 0 5 10 NORTH SCALE 1" = 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #-. Waterway: Maplewood Creek Location.- Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 5 of 6 PROFILE VIEW B-B EX. LOG DROPS WITH FLOW NOTCH WIDTH VARIES WATER DEPTH VARIES 3'TO 6'TYPICAL 4"TO 6" (TYPICAL) FLOW —� OHWL I ii p I 0 ii ` ORIGINAL GRAVEL LAYER I— — 12" THICK EX. LARGE RIP-RAP 5 o G ERODED GRAVEL LEVEL (APPROX.) GRAVEL REPLACEMENT 6"TO 12"THICK (APPROX) 1 CY OF CLEAN GRAVEL APPROX.) GRAVEL REPLACEMENT SPEC. IN LOW FLOW AREA BELOW FLOW SPUTTER" SIZE Percent Finer by Weight 4" 75- 100% 2" 30-75% TYPICAL SECTION B-B 1" 0 -30% NEAR PLAN VIEW 3, BELOW FLOW SPUTTER 1/4" 0% 0 5 SCALE 1" = 5 FT "NOTE- Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 6 of 6 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound ` Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Renton City of Surface Water Utility ATTENTION: Daniel Carey 1055 S.Grady Way 5th Floor Renton,WA 98057 425-430-7293 Project Name: Sediment Basin Cleaning and Maintenance Project Project Description: Remove accumulated sediment from the sediment basin and flow splitter; clear brush and debris from the high flow bypass channel; and place gravel in the fish channel at the Maplewood Golf Course located at 4050 Renton - Maple Valley Highway PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by May 14, 2012, provided that work below the ordinary high water line (OHWL) shall occur only between June 15 and September 15, unless otherwise approved by the Washington Department of Fish and Wildlife (WDFW)Area Habitat Biologist (AHB). 2. Work shall be accomplished per plans and specifications entitled, "OPERATIONS AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL", dated September 1999, and "MAPLEWOOD CREEK SEDIMENT BASIN 2007 CLEANING AND MAINTENANCE PROJECT", dated May 8, 2007, submitted to WDFW, except as modified by this Hydraulic Project Approval (HPA). These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. The sediment basin and fish channel shall be maintained by the City of Renton per RCW 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the City of Renton shall be responsible for providing prompt repair under this HPA. Financial responsibility for maintenance and repairs shall be that of the City of Renton. NOTE: There are large angular rocks which were installed by the City between the sediment pond and flow splitter which continue to be a hindrance to fish migration. This portion of the stream needs to be continually monitored and adjustments made to ensure compliance with RCW 77.57.030. 4. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A 6. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 8. Prior to releasing the water flow to the project area, all dredging shall be completed. 9. Releasing of water back in to the pond shall be done slowly, so that approximately 3/4 of the water flows through the bypass until the pond is full, to prevent dewatering of the stream and loss of fish life. 10. Upon completion of maintenance activities, all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. ®� 11. Due to interception of spawning gravels in the sediment basin, spawning gravels shall be supplemented in the fish channel downstream of the sediment basin, as determined to be necessary by the WDFW AHB at the time of each sediment basin maintenance dredging. Twenty five cubic yards of spawning size gravels shall be added to the channel downstream of the sediment pond in 2007, and in subsequent years at the discretion of the AHB. Fifteen to twenty cubic yards of this material shall be added downstream of the flow splitter in the pool tailouts downstream of the log weirs. 12. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. 13. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 14. Dredged streambed materials shall be disposed of upland so they will not re-enter state waters. 15. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the stream. 16. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the AHB. 18. Erosion control methods shall be used to prevent silt-laden water from flowing downstream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 19. Prior to starting work, the selected erosion control measures (Provision 18) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control measures after completion of work. 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 21. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 22. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into downstream state waters. 23. NOTIFICATION REQUIREMENT: The AHB shall receive written notification (e-mail to fisheldf@dfw.wa.gov) from the person to whom this HPA is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. PROJECT LOCATIONS Location #1 Maplewood Golf Course WORK START: May 15, 2007 WORK END: May 14, 2012 WRIA: Waterbody: Tributary to: 08.0302 Maplewood Creek (rb) Cedar River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 115 23 N 105 E IN 47.474238 W 122.16372 King Location#1 Driving Directions Page 3 of 5 Wash Department HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15,2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A Project Approval; (B)An order imposing civil penalties; or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey,Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey, Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P2 Habitat Biologist ��.✓ for Director Larry Fisher 425-649-7042 - •-- WDFW CC: Page 5 of 5 I DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF AUG 27 26JC� Regulatory Branch {f�{q+ 200 47M c9 CITY TN SYSTEMS City of Renton NTON 41� Surface Water Utility Department Mr. Daniel Carey 1055 South Grady Way Renton, Washington 98055 Reference: 200400635 Renton, City of Ladies and Gentlemen: Our regulatory program utilizes a series of nationwide permits (NWPs) to authorize specific categories of work that have minimal impact on the aquatic environment when conducted in accordance with the permit conditions (Federal Register, January 15, 2002, Vol. 67, No. 10). Based on the information you provided to us, NWP 27,Stream and Wetland Restoration Activities, authorizes your proposal to place fill in waters of the United States to facilitate in- stream restoration, as depicted on the enclosed drawings dated May 2004. The project would occur in Maplewood Creek at Renton, in King County, Washington. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 27, Terms and Conditions and the following special conditions that we have added to ensure that this project would have no more than a minimal adverse impact on the aquatic environment: a. You must implement the ESA requirements and/or agreements set forth in the reference biological evaluation titled, "Reference Biological Evaluation Specific Project Information Form for Nearshore Fill," dated May 27, 2004, in their entirety. The U.S. Fish and Wildlife Service concurred with a finding of`may affect, not likely to adversely affect"base on this document on August 25, 2004 (USFWS Reference# 1-3-04-I-1524). The National Marine Fisheries Service concurred with a finding of"may affect, not likely to adversely affect"based on this document on August 2, 2004 (No NMFS reference number assigned). Both agencies will be informed of this permit issuance and will enforce any known violations of the commitments made in this document pursuant to the ESA. b. In order to protect Puget Sound Chinook and coastal-Puget Sound bull trout the permittee may conduct the authorized activities from July 161h through October 15`}' in any year this permit is valid. The permittee shall not conduct work authorized by this permit from October 16th through July 15th in any year this permit is valid. -2- You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Please note that we may need to reinitiate Endangered Species Act Section 7 consultation with the National Marine Fisheries Service and/or U.S. Fish and Wildlife Service in order to authorize any work not already included in the enclosed plans. In order for this NWP authorization to be valid, the State of Washington (State) must have issued or waived Section 401 Water Quality Certification(WQC) and, for Washington's 15 coastal counties, concurred with or waived a Coastal Zone Management(CZM) consistency determination. Based on our review of the proposed work, the Corps has determined that the proposed work will be in compliance with the State's WQC and CZM consistency determination concurrence requirements for this NWP. Therefore, no further coordination with the State is required. We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA). After consulting with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service,we have determined that this project meets the requirements of NWP National General Condition 1 I provided you comply with special conditions "a" and"b" listed above. We have also reviewed your project pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 in regards to Essential Fish Habitat (EFH). We have determined that the proposed action will not adversely affect EFH for federally managed fisheries in Washington. Our verification of this NWP authorization is valid for 2 years from the date of this letter unless the NWP is modified or revoked prior to that date. If the authorized work has not been completed by that date,please contact us to discuss the status of your authorization. This verification includes a preliminary jurisdictional determination that is not appealable. More information about our administrative appeal process is available on our website at: http•//www nws usace anny mil/PublicMenu/Menu.cf i?sitename=REG&pagename=Appeals If this project complies with all terms and conditions of this authorization, you will need no further authorization from us. However, you must still obtain all State and local permits that apply to your project. Also, we remind you that failure to comply with all terms and conditions of this NWP verification invalidates your authorization and could result in a violation of Section 404 of the Clean Water Act. Upon completing the authorized work, please fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance that the completed work and any required mitigation was conducted in accordance with the terms and conditions of this NWP. -3- Thank you for your cooperation during the permit process. Your efforts help us protect our nation's aquatic resources, including wetlands. We are interested in your thoughts and opinions concerning your experience with the U.S. Army Corps of Engineers, Seattle District's Regulatory Program. A Customer Service Survey form is available on our website at: http://per2.M.usace.anny.mil/survey.htn-il. At your request, we will mail you a paper copy that you may complete and return to us by mail or fax. If you have any questions about this letter or our regulatory program, please contact me at (206) 764-6910 or via email at Jonathan.Smith@nws02.usace.army.ini1. Sincerely, 0 1 k Jonathan Smith, Project Manager �or Application Review Section Enclosures VIGINI I Y MAH 0 0 PRO C ITE Maplewood Creek ® Cedar Ma le o Golf Co e i� 1000 FT PROJECT SITE LATITUDE: 47°28'25" 0 800 1600 LONGITUDE: 122°09' 15" NORTH SCALE 1"= 1600 FT MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: a001-/ 0 6;b 35 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 1 of 6 PLAN VIEW - 1 EXI TI G SE I N BA IN RE O E W7- i AC U ULA ED E IM NT .74.3 98.5 G 103.5 MAPLEWOOD EEK N VI W 2 101.2 1 G = G VEL PLACEMENT 90 LOCATI NS(APPX) G Mc A R 1 73.6 ' 77.3 83.0 9 • 9 . G > 74.4 2 7 • 74.7 Q G ;AC U G S MENT G EXISTI F'LgW . 71.9 74.2 i SPLITTE TRU,Q ' G ' MAPLEWOOD CREEK PLAN B4.0 •82.5 74.3 G 77.7 VIEW-3 HIGH FLOW 71.s BYPASS CH ao.s .` .2 / O ' 71.jF� 80.1 77.6 79.9 150' CITY70F RENT? N - WOOQ GOL OURSE' PROJECT SITE LATITUDE: 47° 28'25" LONGITUDE: 122° 09' 15" 0 75 150 NEIGHBORING PROPERTY OWNER: NORTH SCALE 1"= 150 FT CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference t 1Z:-sv�{ aO Q°35 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 2 of 6 PLAN VIEW - 2 OQO OO EX. BOULDER CLUSTERS 441 O (TYPICAL) Qv w ORDINARY HIGH WATER LINE (TYPICAL) OO 2 m O O ti A 0 GRAVEL REPLACEMENT AREA (TYPICAL) PLACE APPROX. 1 TO 2 CY OF A CLEAN GRAVEL SEE SECTION VIEW 1 1 / EX. ROOT OG I EX.ASPHALT ROAD ' AND PARKING LOT 0 5 10 NORTH SCALE 1"= 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference#: -��,00'I CV -'3 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 3 of 6 SECTION VIEW A-A EX. TREES AND SHRUBS EX. SHRUBS AND CUTTINGS PLANTED BY CITY WATER DEPTH VARIES 2"TO 6" (TYPICAL) EX. EAST BANK EX. WEST BANK REBUILT FOR — OHWL CHANNEL CONSTR. 7,.-r -r- ,- :-..::'. '. ORIGINAL GRAVEL LAYER 12" THICK GRAVEL REPLACEMENT WIDTH VARIES ERODED GRAVEL LEVEL 6"TO 12"THICK (APPROX.) 5' TO 8'TYPICAL (APPROX.) 1 TO 2 CY OF CLEAN GRAVEL GRAVEL REPLACEMENT SPEC. IN HIGH FLOW AREA FROM SEDIMENT BASIN TO FLOW SPLITTER" SIZE Percent Finer by Weight 6" 60- 100% 3" 30-60% TYPICAL SECTION A-A 1" 0-30% NEAR PLAN VIEW 2 1/4" 0% 0 5 FROM SEDIMENT BASIN TO FLOW SPLITTER (LOOKING UPSTREAM) SCALE V =5 FT `NOTE- Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: ,_?c0 -f.0)`- >-> Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R.5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 5 of 6 PLAN VIEW - 3 � ! j oa �o o ' EX. BOULDER CLUSTERS �- (TYPICAL) o 0 EX. LOG DROP (TYPICAL) GRAVEL REPLACEMENT AREA / (TYPICAL) �o PLACE APPROX. 1 CY OF CLEAN GRAVEL SEE SECTION VIEW B 00 / o , m B o ORDINARY HIGH WATER LINE / ko (TYPICAL) EX. GRASS ROUGH EX. GRASS ROUGH /vO O t --- I 0 5 10 NORTH SCALE 1"= 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: -;70 u q Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R.5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 4 of 6 PROFILE VIEW B-B EX. LOG DROPS WITH FLOW NOTCH WIDTH VARIES WATER DEPTH VARIES 3'TO 6'TYPICAL 4"TO 6" (TYPICAL) FLOW OHWL a v a ORIGINAL GRAVEL LAYER 12"THICK EX. LARGE RIP-RAP 5 LONG ERODED GRAVEL LEVEL (APPROX.) GRAVEL REPLACEMENT 6"TO 12"THICK (APPROX) 1 CY OF CLEAN GRAVEL APPROX.) GRAVEL REPLACEMENT SPEC. IN LOW FLOW AREA BELOW FLOW SPUTTER SIZE Percent Finer by Weight 4" 75- 100% 2" 30-75% TYPICAL SECTION B-B 1" 0 -30% NEAR PLAN VIEW 3, BELOW FLOW SPUTTER 1/4" 0% 0 5 SCALE 1" =5 FT "NOTE- Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Reference #: J00(�V,'o 35 Replace Gravel in Existing Creek Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 6 of 6 I 1 Ja�,PP�Opwa Y I I NATIONWIDE PERMIT 27 3 US Army corps Terms and Conditions of Engineers� Seattle District Effective Date: March 18,2002 A. Description of Authorized Activities—page 1 B. Corps Regional Specific Conditions for this NWP—page 3 C. EPA, Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWP—page 3 D. State WQC Conditions for this NWP—page 3 E. State CZM Consistency Determination Conditions for this NWP—page 4 F. Corps National General Conditions for all NWPs—page 5 G. Corps Regional General Conditions for all NWPs—page 12 H. Additional Limitations on the Use of NWPs—page 14 I. Further Information—page 14 In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 27 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Activities in waters of the US associated with the restoration of former waters, the enhancement of degraded tidal and non-tidal wetlands and riparian areas,the creation of tidal and non-tidal wetlands and riparian areas, and the restoration and enhancement of non-tidal streams and non-tidal open water areas as follows: (a) The activity is conducted on: (1) Non-Federal public lands and private lands,in accordance with the terms and conditions of a binding wetland enhancement,restoration, or creation agreement between the landowner and the U.S.Fish and Wildlife Service(FWS)or the Natural Resources Conservation Service(NRCS), the National Marine Fisheries Service,the National Ocean Service,or voluntary wetland restoration, enhancement,and creation actions documented by the NRCS pursuant to NRCS regulations; or (2) Reclaimed surface coal mine lands,in accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or the applicable state agency(the future reversion does not apply to streams or wetlands created,restored,or enhanced as mitigation for the mining impacts,nor naturally due to hydrologic or topographic features,nor for a mitigation bank);or (3) Any other public,private or tribal lands; (b) Notification:For activities on any public or private land that are not described by paragraphs(a)(1)or (a)(2)above,the pemuttee must notify the District Engineer in accordance with General Condition 13; and (c) Planting of only native species should occur on the site. Activities authorized by this NWP include,to the extent that a Corps permit is required,but are not limited to: the removal of accumulated sediments;the installation,removal,and maintenance of small water control structures,dikes,and berms;the installation of current deflectors;the enhancement,restoration,or creation of riffle and pool stream structure;the placement of in-stream habitat structures;modifications of the stream bed and/or banks to restore or create stream meanders;the backfilling of artificial channels and drainage ditches;the removal of existing drainage structures;the construction of small nesting islands;the construction of open water areas;the construction of oyster habitat over unvegetated bottom in tidal waters; activities needed to reestablish vegetation,including plowing or discing for seed bed preparation and the planting of appropriate wetland species;mechanized land clearing to remove non-native invasive,exotic or nuisance vegetation;and other related activities. This NWP does not authorize the conversion of a stream to another aquatic use,such as the creation of an impoundment for waterfowl habitat.This NWP does not authorize stream channelization.This NWP does not authorize the conversion of natural wetlands to another aquatic use,such as creation of waterfowl impoundments where a forested wetland previously existed.However,this NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands,on the project site provided there are net gains in aquatic resource functions and values.For example,this NWP may authorize the creation of an open water impoundment in a non-tidal emergent wetland,provided the non-tidal emergent wetland is replaced by creating that wetland type on the project site.This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands,to other aquatic uses,such as the conversion of tidal wetlands into open water impoundments. Reversion.For enhancement,restoration,and creation projects conducted under paragraphs(a)(3),this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition.In such cases a separate permit would be required for any reversion.For restoration, enhancement,and creation projects conducted under paragraphs(a)(1)and(a)(2),this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use(i.e.,prior to the restoration,enhancement,or creation activities). The reversion must occur within five years after expiration of a limited term wetland restoration or creation agreement or permit,even if the discharge occurs after this NWP expires.This NWP also authorizes the reversion of wetlands that were restored,enhanced,or created on prior-converted cropland that has not been abandoned, in accordance with a binding agreement between the landowner and NRCS or FWS(even though the restoration,enhancement,or creation activity did not require a Section 404 permit).The five-year reversion limit does not apply to agreements without time limits reached under paragraph(a)(1).The prior condition will be documented in the original agreement or permit,and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit.Before any reversion activity the permittee or the appropriate Federal or state agency must notify the District Engineer and include the documentation of the prior condition.Once an area has reverted to its prior physical condition,it will be subject to whatever the Corps Regulatory requirements will be at that future date.(Sections 10 and 404) 2 Note:Compensatory mitigation is not required for activities authorized by this NWP,provided the authorized work results in a net increase in aquatic resource functions and values in the project area.This NWP can be used to .. authorize compensatory mitigation projects,including mitigation banks,provided the permittee notifies the District =T, Engineer in accordance with General Condition 13,and the project includes compensatory mitigation for impacts to waters of the US caused by the authorized work.However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition.NWP 27 can be used to authorize impacts at a mitigation bank,but only in circumstances where it has been approved under the Interagency Federal Mitigation Bank Guidelines. B. CORPS REGIONAL CONDITIONS FOR THIS NWP 1. If the proposed work results in impacts to a special aquatic sites(e.g., wetlands or riffle and pool complexes), the "Notification"must include a statement of why the impacts are necessary,how the impacts have been minimized,and how the overall project is beneficial,despite these impacts. 2. The permittee must notify the District Engineer in accordance with General Condition 13 for proposed projects in stream or wetland restoration and enhancement areas previously authorized as mitigation by a Department of the Army permit. 3. The permittee must notify the District Engineer in accordance with General Condition 13 for a stream and wetland restoration projects occurring in a designated Federal Superfund site(Comprehensive Environmental Response,Compensation and Liability Act),hazardous waste clean-up site(Resource Conservation and Recovery Act),or State clean-up site(Model Toxics Control Act). NOTE: The restoration of former waters can occur in either tidal or non-tidal waters. However,NWP 27 cannot be used for the enhancement or creation of tidal waters other than wetland and riparian areas. See the definition section for more information. C. EPA, Puyallup Tribe and Chehalis Tribe WQC CONDITIONS FOR THIS NWP EPA,Puyallup Tribe and Chehalis Tribe water quality certification(WQC)has been denied without prejudice. An individual WQC is required for all Section 404 activities. D. STATE WQC CONDITIONS FOR THIS NWP State WQC has been partially denied without prejudice for this permit. Written approval of the proposed mitigation plan for the project is required by Ecology for the activities and impacts listed below: 1. Any fill-related impacts to tidal waters or to non-tidal wetlands adjacent to tidal waters. 2. Any fill-related impacts greater than %2 acre. An individual 401 certification in addition to an approved mitigation plan, is required prior to starting work for the following: a. For the activities listed in 1.and 2. above where Ecology determines the mitigation proposed for the project is insufficient and written approval is not received; b. Any project impacting 1 acre or greater of wetlands 3 NOTE: Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals(Ecology Publication 94-29 or as revised). For projects proposing mitigation at an Ecology-approved mitigation bank,applicants shall provide a copy of the bank credit withdrawal transaction recorded at the county auditor's office. An individual 401 Certification is required for projects or activities authorized under this NWP if the project/activity will likely result in any of the following adverse effects: 1. The project or activity will likely cause or contribute to an exceedance of a State water quality standard (WAC 173-201A)or sediment quality standard(WAC 173-204). The requirement to obtain an individual 401 certification shall not apply to projects or activities that are carried out in accordance with the following permits,approvals,or management practices. These projects are presumed to comply with state water quality standards including state sediment management standards: a. Projects or activities where the discharges authorized under this NWP are explicitly authorized or covered by a National Pollutant Discharge Elimination System permit. b. Projects,activities or portions of projects or activities designed,constructed and maintained in accordance with the stormwater standards and practices contained in the most current version of Ecology's Stormwater Manual or an Ecology approved equivalent. 2. For projects/activities not designed in accordance with either Ecology's stormwater manual or an Ecology approved equivalent,or for projects where there is credible site specific information which indicates that the permits,approvals,or management practices identified above will not be sufficient to meet state water quality standards,the applicant may provide documentation with the application that the projectlactivity will otherwise comply with state water quality standards. An individual 401 Certification is required for projects which are unable to provide documentation that the project/activity will otherwise comply with state water quality standards. 3. Projects or activities that cause or contribute to a discharge to a waterbody on the state's list of impaired waterbodies [i.e.,the 303(d)list]and the discharge may result in further exceedances of a specific parameter the waterbody is listed for. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://www.ecy.wa.gov/programs/wq/303d/1998/1998__by_wrias.htm] or by contacting Ecology's Federal Permits staff. NOTE: An individual 401 Certification will not be required if the applicant provides documentation showing that the project or activity will either not result in a discharge containing the listed parameter or,if present,the parameter will not contribute to an increased impairment of the waterbody. 4. Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat(e.g., soil bioengineering,biotechnical design,rock barbs,etc.). NOTE: An individual 401 certification will not be required if the project/activity is designed and constructed in accordance to guidelines developed by the Washington State Department of Fish and Wildlife. E. STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR THIS NWP The Coastal Zone Management(CZM)Consistency Determination has been partially denied without prejudice subject to the 401 Certification conditions for this NWP. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. 4 REFERENCE BIOLOGICAL EVALUATION US Army corps SPECIFIC PROJECT INFORMATION FORM of Engineers cap ' Seattle District For Nearshore Fill Version: August 18, 2003 1. Referenced Biological Evaluation: Programmatic Biological Evaluation,Nearshore Fill in: Programmatic Biological Evaluation for the State of Washington for Salmonid Species Listed or Proposed by the National Marine Fisheries Service and U.S.Fish and Wildlife Service Under the Endangered Species Act. October 13,2000. U.S. Army Corps of Engineers, Seattle District, Regulatory Branch.' USFWS Programmatic Reference Number: 1-3-00-I-1524 & 1-3-00-IC-I525 NMFS Programmatic Reference Number: WSB-00-582 2. Date: 5/27/04 3. Applicant: City of Renton Corps Reference No. Address: 1055 South Grady Way City: Renton State: WA Zip: 98055 4. Agent: Daniel Carey, City of Renton Surface Water Utility Address: 1055 South Grady Way City: Renton State: WA Zip: 98055 5. Location(s) of Activity: Section: 15 Township: T 23 N Range: R 5 E Latitude: 470 28'25" Longitude: 1220 09' 15" Waterbody: Maplewood Creek County: King 6. Threatened or Endangered Species Present(both listed and proposed): Distance to Occurrence Effect Determination(no effect Species (i.e.to nest,perch tree) or not likely to adversely affect) Chinook Salmon 1000'to Cedar River Not Likely to Adversely Affect _Coho Salmon 1000'to Cedar River Not Likely to Adversely Affect 7. Work Description—Describe what type and size of fill will be placed and the amount in cubic yards below ordinary high water: See attached description for overall Project Background and Purpose, 6/28/02 ACE Letter allowing sediment pond cleaning. The April 23 2003 HPA issued by WDFW required that the City_place up to 25 CY of spawning size gravel in the constructed creek channel downstream of the sediment basin. The new gravel will replace gravel that was placed in the creek when it was originally constructed and has subsequently eroded downstream or been covered by silt. The specifications for the gravel are shown on the ' For construction description and effects analysis. 1 project drawings. The section between the sediment basin and the flow splitter uses gravel with a maximum 6-inch size (approved by WDFW)to help provide a more stable bottom during higher flows. The section downstream of the splitter structure uses gravel with a 4-inch maximum size since it does not receive the full flow of the creek during larger flood events. All fill will be placed below the OHWL. Construction Techniques—Describe how fill would be placed; how long placement would take; the type of equipment that would be used: The gravel fill may be placed within 2 to 4 days(estimate). In the creek section between the sediment basin and splitter structure the gravel will probably be placed at edge of the creek by hand or a backhoe bucket The gravel would then be spread by hand shovel over the bottom of the creek. In the section downstream of the splitter structure the gravel will probably be brought to the top of the bank with a small vehicle or wheel barrow. The gravel will be placed by hand shovel in the creek areas below the log drops 8. Why Doesn't the Programmatic Consultation for"Nearshore Fill"Apply?— The gravel fill will be placed while water is in the creek "in the wet". The City requests that the ACE work window for gravel placement be extended to Sept 151h to match the work window in the April 23 2003 HPA. Due to heavy usage of the golf course the project to clean the sediment basin and place new gravel in the creek will probably be done at the end of August and beginning of September. 9. Why is the Project "Not Likely to Adversely Affect"Without Meeting all the Conservation Measures or Parameters of the Programmatic Consultation (include Justification/Effects Analysis in addendum if needed). The fill will be new washed gravel so creation of sediment and turbidity should be minimal. Gravel fill will be placed by hand to reduce any disturbance to the existingcreek bed. Any sediment created will disperse over the remaining portion of Maplewood Creek(appx. 1000 ft)before reaching the Cedar River. Threatened or Endanger Species will probably not be present in the Cedar R. during project construction 10. Conservation Measures to be Implemented(check all that apply and will be done): ® This programmatic consultation does not cover activities in the Columbia River Mainstem, including the Snake River and Baker Bay. ❑ Work is done within the approved work window. Requesting an Extension to Sept. 15 ® The material is spread out evenly and the beach grade is not altered(to avoid stranding of fish). ❑ Material is not placed in or within 300 feet of vegetated shallows(except where such vegetation is limited to State-designated noxious weeds)or other special aquatic sites.z (? The constructed creek channel may meet the description of a riffle and pool area.) ® Gravel materials are washed and clean prior to being brought to the site. Z SPECIAL AQUATIC SITES—those sites identified in Subpart E of the Environmental Protection Agency's Guidelines for Specification of Disposal Sites for Dredged or Fill Material(Section 404(b)(1)Guidelines)and include sanctuaries and refuges,wetlands,mud flats,vegetated shallows,coral reefs,and riffle and pool complexes. They are geographic areas,large or small,possessing special ecological characteristics of productivity,habitat,wildlife protection,or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. [40 2 ❑ Work occurs only in the dry. ® Stockpiling shall not occur below OHW or MHHW. ® Work is done by hand except that if a barge is used to deliver material the barge shall not ground out on the bottom. ® Upon completion of material placement the beach shall not contain any pits, potholes,or large depressions. ® All natural beach complexity features that were necessary to remove are repositioned or replaced in their original locations on the beach immediately following completion of the work. 11. Types of Permit(s) Proposed to be Used: HPA(existing) Nationwide Permit 18,Nearshore Fill 12. Drawings—Attach copies of location,plan, and elevation/section drawings. Photographs of site recommended, but are optional. I as the applicant or designated agent have read all the activity and waterway specific conditions and the general implementation conditions for the"Not Likely to Adversely Affect"Programmatic Consultation, dated May 30, 2001. I understand that informal consultation with National Marine Fisheries Service and U.S. Fish and Wildlife Service is initiated with this form. I will not proceed with construction until I receive written notification from the U.S. Army Corps of Engineers that the proposed work is authorized. Applicant/Agent /Date Below to be completed by the Corps---------------------------- MEMORANDUM FOR THE SERVICES: 1. Summary of Why Work Does Not Meet NLAA Programmatic Consultation. 2. Summary of How the Applicant Will Minimize Impacts. 3. Summary of Impacts on Essential Fish Habitat. 4. Forage Fish Habitat(check box if WDFW documented habitat is present): Surf Smelt: ❑ Allowable Work Window: CFR 230.3(q-1)and 40 CFR 230.10(a)(3)](See MUD FLATS,RIFFLE AND POOL COMPLEXES,SANCTUARIES AND REFUGES, VEGETATED SHALLOWS and WETLANDS). 3 Pacific Herring: ❑ Allowable Work Window: Sand Lance: ❑ Allowable Work Window: Approved Work Window(see the US Army Corps of Engineers website, biip://www.nws.usace.army.mil/PublicMenu/Menu cfrn?sitename=REG&pagename=mainpagee ESA): to 5. The Corps has determined that this project may affect, the listed species. Corps Project Manager Date Corps Environmental Analyst/ESA Coordinator Date 4 FOR ARMY CORPS OF ENGINEERS SPECIFIC PROJECT INFORMATION FORM MAPLEWOOD CREEK GRAVEL REPLACEMENT PROJECT Project Background And Purpose - City of Renton May 26, 2004 The City of Renton Maplewood Creek Sediment Basin and Fish Channel Projects were multi-purpose projects designed and constructed to prevent flooding on the Maplewood Golf Course, reduce the deposition of sediment in the channel on the golf course, restore a more natural channel and fish habitat to Maplewood Creek, and allow fish to migrate from the Cedar River into Maplewood Creek. The projects were planned and designed with input from the Washington Department of Fish and Wildlife (WDFW) and Department of Transportation (WDOT). The sediment basin underwent an Environments Assessment as part of the FEMA Grant process. The Army Corp of Engineers approved the reconstruction of Maplewood Creek under Nation Wide Permit 27 issued on March 30, 1998 (Reference: 98-4-00406). WDFW issued an HPA for the construction of each phase of the project. Maplewood Creek flows from highlands north of the golf course to the south, through a wooded ravine, over the golf course, and to the Cedar River. Before the projects were constructed there was an old 8-foot high water supply dam in the ravine northof the golf course, an ineffective sediment basin at the end of the ravine, and a straight channel across the golf course with almost no streamside vegetation. At the south end of the golf course the creek flowed in a 72-inch diameter, 800-foot long, culvert to the Cedar River. In large flood events sediment would erode from the ravine and wash into the channel on the golf course. The channel would fill and floodwaters would spill out onto the golf course and adjacent Highway 169 (Maple Valley Highway). After catastrophic flooding in January 1990, the City applied for and obtained a FEMA Hazard Mitigation Grant, which included removing the 8-foot high water supply dam and the old sediment basin, stabilizing the ravine side slope, and constructing a new sediment basin. In negotiations with the WDFW and WDOT projects were developed to build a new low flow channel across the golf course to provide improved fish habitat, and install fish ladders on the Cedar River and at the new sediment basin to allow fish access to the new section of Maplewood Creek. In 1996-97, the City constructed the new sediment basin at the end of the ravine. The project included removing the old 8-foot high dam and stabilizing the ravine side slopes from the old dam to the sediment basin. The sediment basin has been very effective at stopping sediment from reaching the creek on the golf course and the Cedar River. In general, sediment needs to be removed from the basin every 2 to 3 years. The City has an HPA from WDFW that allows removing sediment through Sept. 15, 2006. In 1999, the City constructed the new low flow fish channel across the golf course, and - connected it to the WDOT fish ladder on the Cedar River and a new fish ladder at the sediment basin. The project allows salmon access from the Cedar River to Maplewood Creek. Fish would be able to use the fish ladder to reach the new section of Maplewood Page 1 Creek, instead of having to swim up the old 800-foot long culvert. Because of large flood flows from Maplewood Creek, and hydraulic capacity limitations of the downstream drainage system, the low flow fish channel had to be designed to convey only low flows from the creek. A flow splitter structure and weir was installed to direct high flood flows to the old channel on the golf course, now referred to as the bypass channel_ The flow splitter acts as a second sediment basin and sediments must be periodically removed from it. The new low flow channel across the golf course includes numerous improvements for fish habitat. Log drops were placed in the steeper sections of the channel to help fish passage up the channel and provide deep pools for habitat and shelter. Spawning gravel was placed in the channel, and vegetation was planted along the majority of the channel sides to provide shelter and food sources for fish. Some of the gravel below the log drops and in the low flow channel has eroded downstream or been covered with silt. The April 23, 2003 HPA WDFW required the City to replace up to 25 CY of gravel in the channel between the sediment basin and flow splitter structure, and in the low flow channel. The City is applying to the Army Corps for the appropriate Nation Wide Permits (NWP 18, Near Shore Fill) to allow placement of the gravel required by the HPA. HAFile Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood Sediment Basin\04-2004 Pond CleaningN1400-Permit Corrspd\040527c-SPIF-ProjectDescrpt.doc\DCtp Page 2 New Sedurlent Basin ''/)� � - ', sH CTanucTxxH AT /p /// Old 'e Fa'I,eA asin - SEE SHEETS 15 a 16 /fir.,j I• i SCALE D w m 160 k¢T North •,._�. /`C rr7 a Hr C� ./..'r � 1 E T AS NOTED - 1 CcsnNc ST'REnAr 1 EbST Eu9ANx..E I H Al f !WR AEEN\ ` 1 ,p�. xHsn.Nr, i UPPER nSN CHANNEL SEE SHEETS 6 -- cr21E_ GX%S f/N BORE , p - _ 110L£1 0 New Fish Channel / BORE' A SM TAM At HOIA 9 ///---EO*ER.f19H CHANNEL SEE SHEETS 3.4 k 5 'j.`J E:+R- }r ' 1,tAPEE1LC:27 / 1� eocsrs:SDP _ - X v `` 5TN:KEEN �i) �` : ; !- '• oK r Splitter Structure "51 CART PAM - aTN Y,MIT _ • �_( t` `�' / `w �J A�� 1 ��' CITY .OF RENTON El9STM1f.n;N LAOOEa /6 - 4 ICIH ••, vvrA.nrArz or P%M.c NC 1IDRx4 e'CORETE Old Cr /`.'' MAPLEWOOD CREEK FISH CHANNEL PROJECT PROJECT SITE PLAN _ CEDAR RIVER DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 . SEATTLE,WASHINGTON 98124-3755 REPLY TO J U N 2 n b ^007 - ATTENTION OF L (. Regulatory Branch 5 O 41V Cv SJS Mr. Render Denson Tetra Tech/KCM, Inc. 1917 First Avenue Seattle, Washington 98101-1027 Reference: 2002-4-00606 Renton, City of Dear Mr. Denson: I reviewed the application submitted on behalf of the City of Renton for a Department of the Army (DA)permit to perform maintenance within the Maplewood Creek sedimentation pond in Maplewood Creek at Renton, Washington. The permit application indicated that minor amounts of fill material might be utilized to restore channel banks and reinforce the High/Low Flow Splitter. In a letter dated June 24, 2002, you indicated that the proposed work has been revised to include only the excavation of excess sediments. The City of Renton is no longer planning to restore banks or reinforce any structures within the sedimentation pond and no fill material would be placed in waters of the United States. Because fill material will not be placed into waters of the United States and the method of sediment excavation includes clean excavation with a clamshell or backhoe (considered incidental fallback),the Corps has no jurisdiction over the proposed project. Accordingly, the application is canceled. A copy of this letter is also being furnished to the City of Renton Surface Water Utility, ATTN• Mr. Gary Schimek, 1055 South Grady Way, 5`h Floor, Renton, Washington, 98055. If you have any questions,please contact the project manager, Ms. Suzanne Skadowski, at telephone (206) 764-6984. Sincerely, Gail Terzi, E vironm tal Analyst Application eview S ction DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ,-�UN 2 /1 MV 20 0 p ATTENTION OF L Regulatory Branch Mr. Render Denson Tetra Tech/KCM, Inc. 1917 First Avenue Seattle, Washington 98101-1027 Reference: 2002-4-00606 Renton, City of Dear Mr. Denson: I reviewed the application submitted on behalf of the City of Renton for a Department of the Army (DA)permit to perform maintenance within the Maplewood Creek sedimentation pond in Maplewood Creek at Renton, Washington. The permit application indicated that minor amounts of fill material might be utilized to restore channel banks and reinforce the High/Low Flow Splitter. In a letter dated June 24, 2002, you indicated that the proposed work has been revised to include only the excavation of excess sediments. The City of Renton is no longer planning to restore banks or reinforce any structures within the sedimentation pond and no fill material would be placed in waters of the United States. Because fill material will not be placed into waters of the United States and the method of sediment excavation includes clean excavation with a clamshell or backhoe (considered incidental fallback), the Corps has no jurisdiction over the proposed project. Accordingly, the application is canceled. A copy of this letter is also being furnished to the City of Renton Surface Water Utility, _ATTN: Mr. Gary Schimek 1055 South Grady Way, 51" Floor, Renton, Washington, 98055. If you have any questions, please contact the project manager, Ms. Suzanne Skadowski, at telephone (206) 764-6984. Sincerely, Gail Terzi, EUeviewS Analyst Application CITY OF RENTON Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 6,2002 Ann Uhrich U.S. Army Corps of Engineers- Seattle District Post Office Box 3755 Seattle, WA 98124-2255 SUBJECT: ESA COMPLIANCE—CITY OF RENTON,MAPLEWOOD CREEK OPERATIONS AND MAINTENANCE Dear Ms.Uhrich: This JARPA addresses a maintenance program within the Maplewood Creek system for a Sedimentation Basin and a High/Low Flow Splitter located on the City of Renton,Maplewood Golf Course. These facilities were constructed as part of the Maplewood Creek Fish Channel Project between September 1996, and February 1999. A main purpose of the project was to restore fish habitat in Maplewood Creek. The sediment load in Maplewood Creek is such that these facilities require sediment removal every 2 to 3 years as described in the O&M manual enclosed with this letter. The manual also documents the first sediment removal project, successfully completed in September 1999 with no harmful effects to fish. In an effort to streamline the permitting process,this JARPA is written for a 10-year maintenance program for these facilities using the manual as a basis. With this manual as a basis,the City of Renton is requesting a permit under Nationwide Permit 43—Stormwater Maintenance Facilities to maintain these facilities. The City assumes that no Biological Evaluation or Assessment is necessary for this project and that this JARPA package covers ESA Section 7 compliance. Maplewood Creek flows from the northeast and receives runoff from surrounding development on the upper hillside. Within the Maplewood Creek Golf Course,the stream flows into the Sedimentation Basin and enters a fish ladder. The stream flows back into a restored channel, for about 300 feet,before reaching the High/Low Flow Splitter. At the High/Low Flow Splitter the system separates into the main channel and the high flow channel. The high flow channel,which is normally dry, is the remnants of a constructed trapezoidal channel that once paralleled the entrance to the golf course. The main channel was constructed between August 1998, and February 1999,to restore the stream,provide fish passage,and provide habitat enhancement. The main channel flows into the Cedar River via a Washington State Department of Transportation(WSDOT)fish ladder constructed in 1994. The Cedar River is a major salmon migration waterway for chinook, coho, sockeye, cutthroat and steelhead. Bull trout are rare within the Cedar River. A few salmon have been spotted within the Maplewood Creek system including coho,sockeye and steelhead(Fisher,Larry,WDFW, 21 May 2002,personal communication). The Washington Department of Fisheries Stream Catalogue documents historical coho use in Maplewood Creek. There is no documentation of either chinook or bull trout within Maplewood Creek. Chinook salmon and bull trout are both federally listed as threatened in the Puget Sound area and coho salmon is a candidate species for listing. 1055 South Grady Way-Renton,Washington 98055 R �NT�O N 9 This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE Ann Uhrich 6/6/2002 Page 2 Bald eagles, a federally listed species as threatened,do occur around Cedar River were they feed on fish and waterfowl throughout the year. This project does not reduce the food base or disturb any roosting or nesting sites. The maintenance activity occurs approximately 1,200 feet northeast of the Cedar River in a semi-developed area of the golf course. Consequently,the maintenance activity would have no effect on bald eagles. The Sedimentation Basin and High/Low Flow Splitter were designed as integral parts of the Maplewood Creek Fish Channel Project to protect the main channel from high sediment loads and flooding and restore fish passage into Maplewood Creek. If the facilities are not maintained they become filled with sediment, gravel and cobbles and are prevented from functioning properly. Under these circumstances the Sedimentation Basin no longer removes the sediment load from Maplewood Creek increasing TSS levels downstream with harmful effects to redds and benthic macroinvertebrates. Consequent deposition of sediment at the High/Low Flow Splitter changes the hydraulics, diverting the flow from the main channel to the high channel,which could potentially dry up the restored fish habitat in the main channel. Erosion and flooding would also likely occur. In September 1999,the City of Renton Planning, Building and Public Works Department prepared the Operations and Maintenance(O&M)Manual for the Maplewood Creek Sediment Basin and Fish Channel(enclosed). The document presents a detailed procedure for maintaining the facilities requiring rigorous use of BMP's. The manual also includes step-by-step photos of the creation of the sedimentation basin,the HPA issued in September 1999,and lessons learned from the first sediment removal project(City,of Renton Memorandum dated October 7, 1999). No harmful effects to fish were documented. The 10-year maintenance program will adhere to the procedures of the manual as well as the recommendations and lessons learned. Because of this,the City anticipates no harmful effect on fish while the facilities are being maintained. If you have any questions or need additional information, please contact Gary Schimek,Project Manager,at 425-430-7205. Sincerely, Ron Straka, P.E., Utility Engineering Supervisor Surface Water Utility Enclosures H:\DIVISION.SNUTILITIE.S\DOCS\2002\2002-335.doc\GMS\tb AGENCY USE ONLY Agency Reference#: Circulated by: (local govt.or=agency) ------ JOINT AQUATIC RESOURCES PERMIT APPLICATION FOI (for use in Washington State) M PLEASE TYPE OR PRINT IN BLACK INK .,.t ❑ I am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this completed JARPA application form, and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS—You must submit any comments on these projects to WDFW within 15 working day Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) ❑ Local Government for shoreline: ❑Substantial Development ❑ Conditional Use ❑Variance ❑ Exemption ❑ Revision ❑ Floodplain Management ❑ Critical Areas Ordinance O Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) El Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits(to Regional office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ❑O Corps of Engineers for: E Section 404 ❑ Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit ❑ US Fish&Wildlife Service or National Marine Fisheries Service for Endangered Species Act(ESA)Consultation SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT City of Renton—Surface Water Utility,Gary Schimek MAILING ADDRESS 1055 S.Grady Way 5th Floor,Renton,Washington 98055 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# (425)430-7205 GSchimek@ci.renton.wa.us N/A (425)430-7241 If an agent is acting for the applicant during the permit process,complete#2. 2.AUTHORIZED AGENT MAILING ADDRESS WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 3.RELATIONSHIP OF APPLICANT TO PROPERTY: ®OWNER ❑PURCHASER ❑LESSEE ®OTHER: Easement 980223-0513 with property owner of tax parcels 152305-9088 and 222305-9090. Easement allows repairing,replacing,enlarging, operating,and maintaining Maplewood Creek, provided 1-week notice given to property owner. 4.NAME,ADDRESS,AND PHONE NUMBER OF PROPERTY OWNER(S),IF OTHER THAN APPLICANT: Beulah E.McCarty,4012 Maple Valley Hwy,Renton,WA 98058,425-228-3487. 5.LOCATION(STREET ADDRESS,INCLUDING CITY,COUNTY AND ZIP CODE,WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) City of Renton Golf Course,Maplewood Golf Course,4050 Maple Valley Highway City of Renton,King Co.WA,98056 LOCAL GOVERNMENT WITH JURISDICTION(CITY OR COUNTY) City of Renton. WATERBODY TRIBUTARY OF WRIA# Maplewood Creek Cedar River 08-0302 '/.SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION SW'/4 15 23N 5E NW/4 22 N Ey+ 21 LATITUDE&LONGITUDE IF KNOWN: ZONING DESIGNATION 47°28'06"N P-1,Public Use. The current 122°09'15"W Comprehensive Plan designation of the site is Rural Residential. TAX PARCEL NO: DNR STREAM TYPE,IF KNOWN Golf Course Tax Parcels,152305-9088,222305-9090 Cedar River is a DNR Type 1;Maplewood Creek is a DNR Type 2. 1 6.DESCRIBE THE CURRENT USE OF THE PROPERTY,AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY,INDICATE MONTH AND YEAR OF COMPLETION. Most of the property is currently used as a municipal golf course with a small portion single-family residential. A municipal well field has been developed within the golf course. The single-family residence owns a surface water right to Maplewood Creek. Maplewood Creek flows from the northeast and receives runoff from surrounding development on the upper hillside. Within the Maplewood Creek Golf Course,the creek flows into the Sedimentation Basin and enters a fish ladder. The stream flows back into the creek channel for 280 feet until reaching the high/low flow splitter. At the high/low flow splitter the system separates into the main channel and the high flow channel. The high flow channel and splitter were constructed between August 1998 and February 1999 The main channel and high flow channel join east of Highway 169 then flow into the Cedar River via a WSDOT fish ladder constructed in 1994. IS THE PROPERTY AGRICULTURAL LAND? ❑YES ❑O NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑YES ❑O NO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD THAT NEEDS AQUATIC PERMITS: COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE,INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT,DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATER MARK. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. This application is intended to cover a 10-year period,from 2002 to 2012,of the operations and maintenance for the Maplewood Creek Sedimentation Basin and High/Low Flow Splitter. Maintenance activities will occur between June 16'"and September 151'of the years where this work is necessary. It's estimated that maintenance would be required every 2-4 years. The work consists of routine maintenance of the existing Sedimentation Basin and the High/Low Flow Splitter. Work within the Sedimentation Basin will include removal of accumulated gravel and sediment. Work at the High/Low Flow Splitter will consist of the removal of accumulated gravel and sediment and adjustments of large rocks and woody debris that may hinder fish passage. The equipment used may include backhoe/excavator, hand tools,vactor truck and flushing pumps. A detailed Operations and Maintenance manual describing procedures for sediment removal is included for reference. Photographs of a sediment removal project at the Sedimentation Basin in September 1999 are included in the manual to document the minimal impact to the system. 7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE. PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN. Flooding occurs in this area due to gradual loss of conveyance capacity. Deposition of sediment at the High/Low Flow Splitter changes the hydraulics of the splitter,causing high flows,erosion,and flooding in the high flow channel.Without sediment removal,the restored main channel could potential dry up.Transport of accumulated sediment increases total suspended solids(TSS)downstream. Periodic removal of sediment is required to maintain the function of the Sedimentation Basin and the High/Low Flow Splitter. 7c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE,WATER QUALITY,WATER SUPPLY, RECREATION,and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID,MINIMIZE,AND MITIGATE DETRIMENTAL IMPACTS,AND PROVIDE PROPER PROTECTION OF FISH AND AQUATIC LIFE. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. Increased sediment transport and turbidity may temporarily impact water quality during the maintenance of the Sedimentation Basin and High/Low Flow Splitter. The procedure described in the Operations and Maintenance manual uses reigorous BMP's and has worked successfully with minimal impact. The sedimentation basin was designed with a flow bypass system to allow runoff to be bypassed around the basin during maintenance work within the basin. PREPARATION OF DRAWINGS: SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BEATTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE,BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 8.WILL THE PROJECT BE CONSTRUCTED IN STAGES? EI YES ❑NO PROPOSED STARTING DATE:2002(annually as required) ESTIMATED DURATION OF ACTIVITY:10 years 9.CHECK IF ANY STRUCTURES WILL BE PLACED: N/A ❑WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS;AND/OR ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10.WILL FILL MATERIAL(ROCK,FILL,BULKHEAD,OR OTHER MATERIAL)BE PLACED: N/A ❑WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES,VOLUME(CUBIC YARDS) /AREA (ACRES) ❑WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES,VOLUME(CUBIC YARDS) AREA (ACRES) 2 11.'WILL MATERIAL BE PLACED IN WETLANDS? ❑YES ©NO IF YES: A. IMPACTED AREA IN ACRES: N/A B. HAS A DELINEATION BEEN COMPLETED? IF YES,PLEASE SUBMIT WITH APPLICATION. ❑YES O NO C. HAS A WETLAND REPORT BEEN PREPARED? IF YES,PLEASE SUBMIT WITH APPLICATION. ❑YES ®NO D. TYPE AND COMPOSITION OF FILL MATERIAL(E.G.,SAND,ETC.):N/A E. MATERIAL SOURCE:N/A F. LIST ALL SOIL SERIES(TYPE OF SOIL)LOCATED AT THE PROJECT SITE,&INDICATE IF THEY ARE ON THE COUNTY S LIST OF HYDRIC SOILS SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE(NRCS):N/A 1Z WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑YES ❑O NO IF YES,IMPACTED AREA IS ACRES. 13.WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? O YES ONO IF YES: A. VOLUME: 800(CUBIC YARDS)/AREA 0.20(ACRES) B. COMPOSITION OF MATERIAL TO BE REMOVED:silts,sands and gravel C. DISPOSAL SITE FOR EXCAVATED MATERIAL: Excess soils may be stockpiled on the golf course and used for other landscaping purposes or taken to a permitted off-site disposal location by the contractor. D. METHOD of DREDGING: Typical equipment used may consist of a backhoe/excavator,vactor truck and hand tools. 14.HAS THE STATE ENVIRONMENTAL POLICY ACT(SEPA)BEEN COMPLETED? ❑O YES ❑NO SEPA LEAD AGENCY:City of Renton SEPA DECISION: DNS,MONS,EIS,ADOPTION,EXEMPTION DECISION DATE(END OF PERIOD):Feb/98 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15.LIST OTHER APPLICATIONS,APPROVALS,OR CERTIFICATIONS FROM OTHER FEDERAL,STATE OR LOCAL AGENCIES FOR ANY STRUCTURES,CONSTRUCTION,DISCHARGES,OR OTHER ACTIVITIES DESCRIBED IN THE APPLICATION(I.E.,PRELIMINARY PLAT APPROVAL,HEALTH DISTRICT APPROVAL,BUILDING PERMIT,SEPA REVIEW,FEDERAL ENERGY REGULATORY COMMISSION LICENSE(FERC),FOREST PRACTICES APPLICATION,ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. ;SEPA-DNS City,of.l ent :ia LUA-9q-P99 Fgpruary":99 es Hydraulic Project Approval WDFW No Nationwide Permit USACOE No Water Quality Certification WDOE No No 16.HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑YES O NO IF YES,EXPLAIN: SECTION B-Use for Shoreline and Corps of Engineers permits only: 17.TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT,INCLUDING MATERIALS,LABOR,MACHINE RENTALS,ETC. $40,000 18.LOCAL GOVERNMENT WITH JURISDICTION City of Renton 19.FOR CORPS,COAST GUARD,AND DNR PERMITS,PROVIDE NAMES,ADDRESSES,AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS,LESSEES,ETC.. PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE—CONSULT YOUR LOCAL GOVERNMENT. NAME ADDRESS PHONE NUMBER Beulah E.McCarty, 4012 Maple Valley Hwy,Renton,WA 98058 25-228-3487 3 SECTION C-This section MUST be completed for any permit covered by this application O'APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN THIS APPLICATION,AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF,SUCH INFORMATION IS TRUE,COMPLETE,AND CCURATE. I FURTHER CERTIFY THAT 1 POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLICATION IS MADE,THE RIGHT TO ENTER THE ABOVE-DESCRIBED LOCATION TO INSPECT THE PROPOSED,IN-PROGRESS OR COMPLETED WORK. I AGREE TO START WORK ONLY AFTER ALL NECESSARY PERMITS HAVE BEEN RECEIVED. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT DATE I HEREBY DE TE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS,E.G.DNR) ATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline,such as marine, stream,lake, lagoon, marsh; bog, swamp;flood plain, floodway,delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand,gravel, mud, clay, rock, riprap;and extent and type of bulkheading, if any;) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units,existing and potential,that will have an obstructed view: C. If the application involves a conditional use or variance,set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs,please contact the appropriate agency in the instructions. 4 t Cedar River Current and Future Conditions Summary Report October 1993 :'5 -45 A!) King County Department of Public Works Surface Water Management Division 700 Fifth Avenue, Suite 2200 Seattle, Washington 98104 Text will be made available in large print, Braille, or audiotape as requested 3 wetlands, which can be broadly divided into two categories, bogs and fens. The bogs and fens within the planning area have developed from aquatic ecosystems such as lakes or ponds that have filled with woody vegetation. Fens differ from bogs in that they receive water that has passed through mineral soil, whereas bogs receive water only from precipitation. Lower Cedar River Wetland 28 (Spring Lake) contains one of the largest fens in western King County. ,, Eighty-three wetlands covering a total of 892 acres in the basin planning area have been identified and classified in the King County Wetlands Inventory. However, the basin planning area contains dozens of other wetlands that have not yet been inventoried. The basin's wetlands include some of the largest bogs in western King County, as well as many marshes (emergent plant types: cattails, water lily), forested swamps (dominated by trees and shrubs), scrub/shrub wetlands, riparian systems, and shallow water areas near many of the lakes and ponds. Most of the basin planning area's Class I and large Class 2 wetlands are complex mosaics of several of C these habitat types and are considered to be either Locally or Regionally Significant Resource Areas depending on their functions and values. Thirty-five percent of the basin planning area's t, wetlands are Class I. Many of the Class 2 wetlands are located in riparian areas (e.g., along streams and the mainstem), reflecting a high degree of interconnectedness among streams and wetlands in the basin. Detailed criteria for wetland classes may be found in Appendix C.• Glossary and the King County Wetlands Inventory. Wetlands, as well as lakes and streams, are currently protected by the 1990 King County Sensitive Areas Ordinance, which restricts development in and near wetlands and requires mitigation for unavoidable impacts by public and private development. In spite of this law, t , wetland encroachment continues; when small wetlands, or portions of larger wetlands, are drained or filled. Current wetland conditions in the basin planning area indicate that a high proportion of the wetlands identified in the inventory have undergone some degree of buffer removal, clearing, drainage, or filling since the inventory was first conducted in 1983. For example, two of the basin planning area's fifteen Class I wetlands have been converted to stormwater retention/detention facilities, which was permitted in the past but is currently prohibited under the Sensitive Area Ordinance. In the urbanized areas of the basin, many wetlands have been partially or completely disconnected from previously interconnected aquatic and upland habitats. Isolation of wetlands from upland areas and from other elements of the hydrologic system by urban development usually leads to species loss or replacement with other, less desirable species. The uninventoried wetlands in the basin are particularly vulnerable to damage !` and destruction due to permitted and unpermitted land use activities. Tributary Habitat Conditions There are nine major fish-bearing tributaries in the Cedar River basin: Maplewood, Madsen, Molasses, Taylor, Peterson, and Rock Creeks, unnamed tributaries 0316A and 0336, and the Walsh Lake Diversion Ditch. These tributaries comprise approximately 29 stream miles, of which some 18 miles are available to anadromous (sea-run) fish (Figure 2-7 and 2-8). The Cedar Chapter 2. Watershed Characterization 56 ,ram Aak Figure 2-7 Extent of Salmonid Use in Tributaries of the Cedar River _tea► �. Maplewood Creek Molasses .,I k Creek .. :h.. :.::. Madsen —' Creek _-A^ »A3 ,„ A^ ; Unnamed Tributary (0316/0316A) -AO A3 0 1 2 3 4 5 ISalmonid use per Tributary mile Coho Sockeye Steelhead Cutthroat Chinook Total Stream Miles Chapter 2. Watershed Characterization 57 t River tributaries drain high, broad plateaus and descend through ravines of varying steepness to the valley floor. Historically, coho salmon, and steelhead and cutthroat trout were limited in their use of these streams only by low flows and steep gradients, but access is now blocked in many reaches by culverts and reduced summer flows. In addition to the above species, sockeye and chinook use many of the low-gradient reaches of the larger tributaries, such as Taylor, ,. Peterson, and Rock Creeks. Tributary habitat in the Cedar River basin has been extensively impacted by changes in stormwater hydrology, and sediment erosion and deposition. This is due to urban development primarily in upstream plateau areas and reductions in the structural complexity of stream channels and riparian areas. Other impacts result from the water quality effects of gravel mining, failing septic systems, and large scale composting and metal recycling facilities. G Examples of urbanization impacts are seen in Madsen, Molasses, and Maplewood Creeks. Upper reaches of these tributaries are highly fragmented by road and drainage networks in subdivisions. Downstream ravine reaches are typically affected by polluted urban runoff, high sediment loads, and low buffering capacity caused by low quantities of large woody debris and immature riparian vegetation. Long riffles and shallow pools tend to dominate the habitats in these systems. While coho and steelhead maybe unable to survive in these changed conditions, cutthroat trout are present, and often abundant, throughout these tributaries, even in the highly degraded habitats of upper Molasses and Madsen Creeks. In contrast with the degraded habitat of the urbanized tributaries, the middle subbasin tributaries, such as Peterson, Taylor, and Rock Creeks, generally have good to excellent areas of aquatic habitat. Impacts similar to urban development exist, including increased stormflows, cleared riparian and wetland vegetation, removed large woody debris; but water quality problems tend to be caused more by failing septic systems and animal keeping. Rock Creek, one of the outstanding streams in King County, is threatened by development encroachment, and water withdrawal by the City of Kent, which maintains a system of wells near the Summit-Landsburg 1 road crossing (RM 1.7). Water withdrawals in Rock Creek during the late summer and early fall months are removing approximately 75 percent of the stream's baseflow and limit migration of chinook and sockeye salmon. Without preventative measures in the future, stormflows on both Rock Creek and Taylor Creek will most likely increase under current land-use regulations causing habitat degradation from scouring in steeper reaches and fine sediment deposition in the lower reaches. Peterson Creek, in contrast, flows through an extensive complex of lakes and wetlands that can help protect it from encroachment by future development. Chapter 2: Watershed Characterization 58 PROGRAMMATIC ESA' CONSULTATION aQa1�FPSRE" a Specific Project Information Form o US Army Corps For Nearshore Fill of Engineers oo Seattle District Version: 21 April 2006 Eligibility for Programmatic Consultation This application: ❑ Meets all of the requirements of this programmatic consultation ❑ Does not meet all of the requirements of this programmatic consultation. This form constitutes a reference biological evaluation in association with: NMFS reference: WSB-00-582 USFWS reference: 1-3-00-I-1524 & 1-3-00-IC-I525 1. Programmatic Activity: Nearshore Fill 2. Drawings-Drawings and photographs must be submitted. Drawings must include a vicinity map; plan, profile, and cross-section drawings of the proposed structures; and overwater structures on adjacent properties. (For assistance with the preparation of the drawings,please refer to our Drawing Checklist located on our website at www.nws.usace.anny.mil Select Regulatory— Regulatory/Permits—Forms.) 3. Date: 4. Applicant: Corps Reference No.: Address: City: State: Zip: 5. Agent: Address: City: State: Zip: 6. Project Name(e.g.,Alice's Restaurant): 7. Location(s)of Activity: Section: Township: Range: Latitude: Longitude: Waterbody: County: 8. Listed or Proposed Fish Species and their Critical Habitat Present(If critical habitat is present, please attach an assessment on impacts to critical habitat primary constituent elements. A template for this assessment can be found on the Corps' webpage under Forms): Endangered Species Act 9. Listed Non-Fish Species and their Critical Habitat Present(listed non-fish species are not covered under this programmatic consultation; individual consultation is required for the non-fish species): Summary of Endangered Species Act Consultation for Non-Fish Species and their Critical Habitat Present(e.g.,no effect with work window, addendum with effects analysis,etc.): 10. Description of Work: Describe what is being placed, installed,or constructed and the type of material used: Construction Techniques—Describe how the work will be done: Machinery(types): By Hand: 11. Forage Fish Habitat—only complete this section if the project is in tidal waters. Check box if Washington Department of Fish and Wildlife(WDFW)documented habitat is present. Go to the WDFW website for this information: hqp://wdfw.wa.gov/fish/fora%forage.htm,then search for each species under the link to Biology,then the link to Documented Spawning Grounds(if available,please attach a copy of the Hydraulic Project Approval from WDFW): Surf Smelt: ❑ Pacific Herring: ❑ Sand Lance: ❑ If there is no WDFW documented habitat present,please describe the type of substrate and elevation and presence of aquatic vegetation at the project area. For example: At+10 to+5 feet above MLLW,there is no aquatic vegetation,the substrate consists of large cobbles. At+5 to+1 foot above MLLW,there is eelgrass and the substrate consists of fine sand. In addition,please submit photographs showing the entire project area. The photographs should be taken at ground level and at low tide and should show a panoramic view of the entire project area in the dry. Photographs should clearly show the presence or absence of vegetation and the substrate composition. Close up photographs of the substrate and/or vegetation should be included if there are any areas of particular interest. To most accurately reflect vegetation distribution, photos should be taken at low tide during June 1 through October 1. 12. Programmatic Conditions. In order to meet all ESA requirements for this programmatic consultation, all programmatic conditions listed below must be met. Check each condition that you will meet. Check each item "not applicable"if they do not apply to your project. If you checked 2 "will not meet"for any of the conditions,you must complete the"Will Not Meet" section at the end of this document. Will Will Not Programmatic Conditions Meet Not Applicable Meet ❑ ❑ ❑ Work will be performed within the approved work windows. ❑ ❑ ❑ Timing: The action shall only occur once within one approved work window for a single and complete project. The approved work windows are described in Programmatic Consultation— Phase I: Approved Work Windows. (Note: These work windows are located on our website at www.nws.usace.army.mil Select Regulatory—Regulatory/Permits—Endangered Species Act.) ❑ ❑ ❑ This Programmatic Consultation does not apply to fresh waters,the Columbia River Mainstem,Baker Bay, and Snake River. ❑ ❑ ❑ Material is not placed in or within 300 feet of vegetated shallows (except where such vegetation is limited to State-designated noxious weeds)or other special aquatic sites. ❑ ❑ ❑ Gravel materials are washed and clean prior to being brought to the site. ❑ ❑ ❑ Work must only occur only in the dry. ❑ ❑ ❑ Stockpiling shall not occur below OHW or MHHW. ❑ ❑ ❑ Work is done by hand except that if a barge is used to deliver material the barge shall not ground out on the bottom. ❑ ❑ ❑ The material is spread out evenly and the beach grade is not altered (to avoid stranding of fish). ❑ ❑ ❑ Upon completion of material placement the beach shall not contain any pits, potholes,or large depressions. ❑ ❑ ❑ All natural beach complexity features that were necessary to remove are repositioned or replaced in their original locations on the beach immediately following completion of the work. ❑ ❑ ❑ The project complies with the General Implementation Conditions for our programmatic consultations(Note: These are located on our website at www.nws.usace.army.mil Select Regulatory— Regulatory/Permits—Forms.) 3 If the applicant will meet all of the above conditions,then the applicant must sign below: I,as the applicant,have read all the activity and waterway specific conditions and the general implementation conditions for the"Not Likely to Adversely Affect"Programmatic Consultation, dated 30 May 2001. 1 certify that this project meets all conditions of the programmatic consultation. In the event that the U.S.Army Corps of Engineers, Seattle District,the U.S. Fish and Wildlife Service, and/or the National Marine Fisheries Service/NOAA Fisheries determines that the conditions have not been met,I agree to comply with all resolution measures in accordance with Corps regulations. Applicant Date If the applicant has checked "Will Not Meet"for any of the above conditions,then this section must be completed and the applicant must sign below: 1. Why can't you meet all of the conditions of this programmatic consultation? 2. Why are the impacts of the proposed project"Not Likely to Adversely Affect"ESA species?How have you minimized impacts? (Note: If your effect analysis is lengthy,you may attach an addendum.) 1,as the applicant, have read all the activity and waterway specific conditions and the general implementation conditions for this programmatic consultation, dated May 30,2001. I understand that informal consultation with National Marine Fisheries Service and U.S. Fish and Wildlife Service will be initiated with this form. I will not proceed with construction until I receive written notification from the U.S. Army Corps of Engineers that the proposed work is authorized. Applicant Date 4 ---------------------------------Below to be completed by the Corps----------------------------- Note to PM: If the applicant meets all of the conditions of this programmatic consultation,complete this section. If the applicant does not meet all of the conditions of this programmatic consultation, do not complete this section; instead,complete a Memorandum for the Services—Reference Biological Evaluation Form. ❑ I have reviewed the Department of the Army application and this form for consistency with the"Not Likely to Adversely Affect"Programmatic Consultation,dated 30 May 2001. Additional Information(complete as applicable): 1. Summary of ESA consultation for associated project activities not covered by the Programmatic Consultation (e.g., "no effect"for replacement of overwater structures such as decking): 2. Approved Work Window: to 3. Summary of ESA Consultation for non-fish species(e.g., "no effect"analysis, date consultation completed,etc): 4. Summary of ESA Consultation for critical habitat(e.g., "no effect"analysis,date consultation completed,etc): Corps Project Manager Date Corps Environmental Analyst/ESA Coordinator Date 5 TABLE D-1: APPROVED WORK WINDOWS FOR SPECIFIC STREAMS AND TRIBUTARIES IN ALL FRESHWATERS excluding WATERS WITHIN NATIONAL PARK BOUNDARIES, COLUMBIA RIVER, SNAKE RIVER, AND LAKES GENERAL COUNTY WORK WINDOWS STREAM& ALL TRIBUTARIES WORK WINDOW Jefferson* July 15 - October 31 Little Quilcene River* July 15 -August 31 Queets River* July 15 - September 15 Quinault River July 15 -August 15 Salmon Creek* July 15 —August 15 Snow Creek* July 15 —August 15 King* July 1 - September 30 Green River (.Duwamish)* August 1 -August 31 Tributaries to Lake Sammamish July 1 —August 15 Tributaries to Lake Washington --all tributaries except Issaquah Creek July 1 —August 31 -Issaquah Creek June 15 —July 31 Snoqualmie River -mouth to Snoqualmie Falls July 1 — September 15 Snoqualmie Falls to mouth of June 15 —October 31 South Fork Snoqualmie River North Fork Snoqualmie River July 15— October 31 - Middle Fork Snoqualmie River July 15—October 31 - South Fork Snoqualmie River July 15 —October 31 Sammamish River July 16-July 31 and November 16-March 15 Tolt River mouth to forks July 15 - October 31 - North Fork Toll River ---- mouth to Yellow Creek July 15 -September 15 ----above Yellow Creek July 15 - October 31 -- South Fork Tolt River ---- mouth to dam July 15 — September 15 ---- above dam July 15 - October 31 White River July 15 -August 31 * For all coastal watercourses except the Columbia River(see Table D-2), the mouth (including associated sloughs or channel in the river delta) is defined as the boundary between marine/estuarine and riverine/palustrine zones. Seattle District,US Army Corps of Engineers 08-Jun-2007 e Nationwide Permits: A Brief Outline 1. A prospective permittee submits a Joint Aquatic Resource Permits Application or letter, project drawings, and where necessary, the information specified in the previous section titled Pre-Construction Notification: Content Requirements, to the following address: Seattle District, Corps of Engineers Regulatory Branch, CENWS-OD-RG Post Office Box 3755 Seattle, WA 98124-3755 2. The Corps determines if it is a PCN and if the application is complete. If it is not, the Corps works with the applicant to obtain the necessary information to make the PCN and/or application complete. 3. The Corps determines whether the activity meets the Federal criteria and any applicable regional conditions for authorization under a NWP within 45 days of a complete application. The applicant shall not proceed to construction until one of the following occur: a.Until notified in writing by the Corps that the activity may proceed under the NWP with any special conditions imposed by the Corps; or b. If notified in writing by the Corps that an individual permit is required; or c. Unless 45 days have passed from the Corps receipt of a complete application and the applicant has not received notice from the Corps. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). In order to begin construction after the 45 day time period, the project must first be in compliance with the NWPs National Regional Condition 11 titled "Endangered Species". This condition states that no activity is authorized under any NWP until the requirements under the Endangered Species Act (ESA) Page 1 of 2 Seattle District,US Army Corps of Engineers 08-Jun-2007 s have been satisfied. You must be notified in writing by the Corps that your project satisfies the requirements under the ESA before you can begin construction. 4. The Corps retains the discretionary authority to suspend, modify, or revoke authorizations under a NWP. 5. When the Corps has completed the review process, they will issue what is called a verification. You will need to coordinate with the Washington State Department of Ecology to see if you need to obtain a 401 Water Quality Certification and/or certification of compliance with Coastal Zone Management. For Tribal lands, you will need to coordinate with the Environmental Protection Agency, Puyallup Tribe or Chehalis Tribe. 6.After you have obtained the appropriate approvals, you may then proceed to construction. 7. Every permittee who receives a NWP verification from the Corps receives a "Certification of Compliance". This certification states that the work and any required mitigation has been completed in accordance with the Nationwide Permit. The applicant is required to sign this certification and return it to the Corps. Point of Contact:Regulatory Reception or Contact a Phone: (206) Email: Specific Staff Member 764-3495 gIoria.j.greenwoodgus ace.army.miI Page 2 of 2 Endangered Species Act Status of West Coast Salmon & Steelhead f(y>€t a,r d Jane S,2006) Current Species' Endangered ESA Listing Actions Species Act Under Review Listing Status2 i r 1 Snake River kw Sockeye Salmon (Oncorhynchus 2 nerka) 3 Baker River Not Warranted 4 i Okanogan River Not Warrrntted 5 Lake Wenatchee Not Warranted I 6 $ Quinalt Lake Not Warranted 7 i Lake Pleasant Not Warranted 8 Sacramento River Winter-run 3 ................ ........ ...... ...._ _,',.. k i 9 1 Upper Columbia River Spring-run •;r„ ..>Fe« 2m"..: q Chinook Salmon (O.tshawytscha) E 10 Snake River Spring/Summer-run I Snake River Fall-run 12 Puget Sound 1 13 Lower Columbia River 14 Upper Willamette River 15 Central Valley Spring-run 16 California Coastal _ 11 Central Valley Fall and Late Fall-run }� esa7j;>P!}�etttr 18 S Upper Klamath-Trinity Rivers 1 Not Warranted__ ] 19 Oregon Coast Not Warranted } t 20 Washington Coast _ _ Not Warranted } 21 Middle Columbia River spring-run __ Not Warranted 22 Upper Columbia River summer/fall-run Not Warranted 23 Southern Oregon and Northern California Coast S Not Warranted f24 Deschutes River summer/fall-run Not Warranted 25 Central California Coast ', 4 j Coho Salmon 26 Southern Orepon/Northem California x (O.kisuich) 27 Lower Columbia River y; Critical habitat € t . _p jj 28 Not Warranted a OregonCoast_......_................_- _., ,. ..,...__ __.. _ _.. - E i i 29 i Southwest Washington Undetennmed € _..,.. 30 Puget Sound/Strait of Georgia „`OfC i 31 i Olympic Peninsula Not Warranted j 32 i Hood Canal Summer run Chum Salmon - (O.keta) 1 33 Columbia River „ „ •_ _ 34 Puget Sound/Strait of Georgia Not Warranted � 35 s Pacific Coast • — ( Not Warranted m 36 Southern California 37 Upper ColumbraRiver Steelhead 38 Central California Coast (O.mykiss) 39 South Central California a _- f j40 Snake River Basin ..-- 41 Lower Columbia River } 42 s California Central Valli '. F 44 Upper Columbia River a 1 45 Northern California 46 Oregon Coast M, 47 Southwest Washington _,_. Nor Warranted 48 Olympic Peninsula Not Warranted ( __ Proposed • Critical habitat _ 49 Puget Sound 3 Threatened Protective Regulations {{€ 50 Klamath Mountains Province Not Warranted Pink Salmon Not Warranted fff(O.gorbuscha) f 52 q Odd year .,..._ _.. year Not Warranted 1 The ESA defines a"species"to include any distinct population segment of any species of vertebrate fish or wildlife. For Pacific salmon,NOAA Fisheries considers an Evolutionarily Significant Unit,or"ESU,"a"species"under the ESA. For Pacific steelhead,NOAA Fisheries has delineated Distinct Population Segments (DPSs)for consideration as"species"under the ESA 2 Updated final listing determinations for 16 salmon species were issued on June 28,2005(70 FR 37160). Updated final listing determinations for 10 West Coast steelhead species were issued on January 5,2006(71 FR 834). On September 2,2005,we issued final critical habitat designations for 19 West Coast salmon and Steelhead species(70 FR 52488 and 52630). 3 Puget Sound Steelhead was proposed for listing as a threatened species on March 29,2006(71 FR 15666), ASSESSMENT OF IMPACTS TO CRITICAL HABITAT FOR ESUs of Pacific Salmon and Steelhead in Washington Designated December 28, 1993 and September 2, 2005 Salmon and Steelhead Critical Habitat-Primary Constituent Elements From 50 CFR Part 226 70 FR 52664-5 Select all critical habitat ESUs in the action area: ❑ Puget Sound Chinook ❑ Ozette Lake sockeye ❑ Lower Columbia River(LCR)Chinook ❑ SR sockeye ❑ Upper Willamette River(UWR) Chinook ❑ UCR steelhead ❑ Upper Columbia River(UCR) spring Chinook ❑ Mid Columbia River(MCR) steelhead ❑ Snake River(SR) fall Chinook ❑ LCR steelhead ❑ SR spring-summer Chinook ❑ UWR steelhead ❑ Hood Canal summer chum ❑ SR steelhead ❑ Columbia River chum The primary constituent elements determined essential to the conservation of Pacific salmon and steelhead are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: describe conditions in project area Effects to PCE: describe effects from project to PCF,. (2)Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: describe conditions in project area Effects to PCE: describe effects from project to.PCE. (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: describe conditions in project area Effects to PCE: describe of acts frotn project to PCE. (4) Estuarine areas free of obstruction with water quality,water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood,aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: describe conditions in project area Effects to PCE: describe effects from project to PCE. (5)Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders,and side channels. Existing Conditions: describe conditions in project area Effects to PCE: describe e,ffects from project to PCE. (6)Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: describe conditions in project area Effects to PCE: describe effects from project to PCE. Determination of Effect: If critical habitat for the ESU does not occur in the action area, no determination of effect is required for that ESU. NE I NLAAZ LAA3 Puget Sound Chinook: ❑ ❑ ❑ LCR Chinook ❑ ❑ ❑ UWR Chinook ❑ ❑ ❑ UCR spring Chinook ❑ ❑ ❑ SR fall Chinook ❑ ❑ ❑ SR spring-summer Chinook ❑ ❑ ❑ Hood Canal summer chum ❑ ❑ ❑ Columbia River chum ❑ ❑ ❑ Ozette Lake sockeye ❑ ❑ ❑ SR sockeye ❑ ❑ ❑ UCR steelhead ❑ ❑ ❑ MCR steelhead ❑ ❑ ❑ UWR steelhead ❑ ❑ ❑ SR steelhead ❑ ❑ ❑ 1 NE is no effect. 2 NLAA is may affect,not likely to adversely affect. 3 LAA is may affect,likely to adversely affect. Conservation Measures: list conservation measures here NOTICE OF NEED FOR EMERGENCY WORK RAMS Number: Date: Time: (Entered by Corps Project Manager anW Proponent's Name: Tel: Address: Location of Proposed Work (Waterway, address, driving direction.): Section Township Range Latitude Longitude Describe Proposed Work(Including relation to OHW, MHW, or MHHW): What is the amount, location, etc. of any temporary fill/work and when will the material be removed and how will the area be restored? How will the work be performed (clean excavation with backhoe, pushing of material with bulldozer, blasting out the culvert with water, etc.)? Is any of the proposed work in wetlands or below the plane of ordinary high water(freshwater) or below the plane of mean higher high or mean high water(tidal)? What is the relationship of the proposed work to previously existing structures (replacing what previously existed or adding different structures, etc)? 1 Are photos available of the site? ❑ Yes (Please provide) ❑ No What coordination with the NMFS/USFW(Services) for ESA/EFH has occurred for the proposal and in the past for the site. Has work been completed or is work ongoing? ❑ Yes ❑ No Date and Times Work Completed: Conservation measures and/or best management practices that will be (have been)employed to minimize effects to ESA- and EFH-protected species: Remarks/Additional Information: (Any other pertinent information? Any previously issued permits for work at the site?): Send completed form and any other pertinent information, including photographs to: U.S. Army Corps of Engineers Regulatory Branch P.O. Box 3755 Seattle, Washington 98124 Fax: (206) 764-6602 2 NATIONWIDE PERMIT 33 i PPS Oyoy�� US Army Corps of Engineers Terms and Conditions Seattle District Effective Date: March 19, 2007 4��P A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Additional Limitations on the Use of NWPs In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 33 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 33. Temporary Construction, Access, and Dewatering. Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites,provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also authorizes temporary structures, work, and discharges, including cofferdams, necessary for construction activities not otherwise subject to the Corps or U.S. Coast Guard permit requirements. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if the district engineer determines that it will not cause more than minimal adverse effects on aquatic resources. Following completion of construction, temporary fill must be entirely removed to upland areas, dredged material must be returned to its original location, and the affected areas must be restored to pre-construction elevations. The affected areas must also be revegetated, as appropriate. This permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use. Structures left in place after construction is completed require a section 10 permit if located in navigable waters of the United States. (See 33 CFR part 322.) Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 27). The pre-construction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions. (Sections 10 and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs 1.Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.(c)The permittee understands and agrees that, if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permiee will be required,upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water.Culverts placed in streams must be installed to maintain low flow conditions. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation,fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 7. Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments. If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water,and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the pre-construction course,condition, capacity,and location of open waters must be maintained for each activity, including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows.The activity may alter the pre- construction course,condition,capacity,and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13.Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The affected areas must be revegetated,as appropriate. 2 14.Proper Maintenance.Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety. 15. Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 16.Tribal Rights.No activity or its operation may impair reserved tribal rights,including,but not limited to, reserved water rights and treaty fishing and hunting rights. 17. Endangered Species.(a)No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed.(b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c)Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have"no effect"on listed species or critical habitat,or until Section 7 consultation has been completed.(d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs.(e) Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA.In the absence of separate authorization(e.g.,an ESA Section 10 Permit,a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS,both lethal and non-lethal"takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide Web pages at http://www.fws.gov/and http://www.noaa.gov/fisheries.html respectively. 18. Historic Properties. (a)In cases where the district engineer determines that the activity may affect properties listed,or eligible for listing, in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied.(b)Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.(c)Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places,including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate,and the National Register of Historic Places(see 33 CFR 330.4(g)).The district engineer shall make a reasonable and good faith effort to carry 3 out appropriate identification efforts,which may include background research,consultation,oral history interviews, sample field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed.(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR§800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section 1 l0k of the NHPA(16 U.S.C. 470h-2(k))prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant,SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19.Designated Critical Resource Waters. Critical resource waters include,NOAA-designated marine sanctuaries,National Estuarine Research Reserves,state natural heritage sites,and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment.The district engineer may also designate additional critical resource waters after notice and opportunity for comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31,35, 39,40,42,43,44,49,and 50 for any activity within,or directly affecting,critical resource waters, including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33, 34,36,37,and 38,notification is required in accordance with general condition 27,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 20.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing,or compensating)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.(c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 acre and require pre-construction notification,unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement. For wetland losses of 1/10 acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered.(d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation, such as stream restoration,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However,compensatory mitigation can and should be used,as 4 necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs.(f)Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment,maintenance,and legal protection(e.g., conservation easements)of riparian areas next to open waters. In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.(g)Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation.In all cases,the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan.(h)Where certain functions and services of waters of the United States are permanently adversely affected,such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level. 21.Water Quality. Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22.Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 24.Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the N WPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 25.Transfer of Nationwide Permit Verifications.If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit,including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 5 26.Compliance Certification.Each permittee who received an NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation.The certification form must be forwarded by the Corps with the NWP verification letter and will include: (a)A statement that the authorized work was done in accordance with the NWP authorization,including any general or specific conditions;(b)A statement that any required mitigation was completed in accordance with the permit conditions;and(c)The signature of the permittee certifying the completion of the work and mitigation. 27.Pre-Construction Notification. (a)Timing.Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and,as a general rule,will request additional information necessary to make the PCN complete only once.However,if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity: (1)Until notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or(2)If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project,or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is"no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))is completed.Also,work cannot begin under NWPs 21,49,or 50 until the permittee has received written approval from the Corps.If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee cannot begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification:The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee;(2)Location of the proposed project;(3)A description of the proposed project;the project's purpose;direct and indirect adverse environmental effects the project would cause;any other NWP(s),regional general permit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity.The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.(Sketches usually clarify the project and when provided result in a quicker decision.); (4)The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States.Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps,where appropriate; (5)If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied.As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan.(6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act;and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on, or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal 6 applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification:The standard individual permit application form(Form ENG 4345) may be used,but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition.A letter containing the required information may also be used. (d)Agency Coordination:(1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2)For all NWP 48 activities requiring pre-construction notification and for other NWP activities requiring pre-construction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the United States,the district engineer will immediately provide(e.g.,via facsimile transmission,overnight mail,or other expeditious manner)a copy of the PCN to the appropriate Federal or state offices(U.S.FWS,state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Office(THPO),and, if appropriate,the NMFS).With the exception of NWP 37,these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive,site-specific comments. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider agency comments received within the specified time frame,but will provide no response to the resource agency,except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies'concerns were considered.For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended,or revoked in accordance with the procedures at 33 CFR 330.5.(3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act.(4)Applicants are encouraged to provide the Corps multiple copies of pre-construction notifications to expedite agency coordination. (5)For NWP 48 activities that require reporting,the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. (e)District Engineer's Decision: In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest.If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal.The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal,after considering mitigation,the district engineer will notify the permittee and include any conditions the district engineer deems necessary. The district engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal)are determined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (1)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit;(2)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level;or(3)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to 7 ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period.The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28. Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. C. ADDITIONAL LIMITATIONS ON THE USE OF NWPs l. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal,state,or local permits,approvals,or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. If future operations by the United States require the removal,relocation,or other alteration of the work herein authorized,or if, in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,you will be required,upon due notice from the U. S Army Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 8 Seattle District,US Army Corps of Engineers 04-Jun-2007 Steps Through the ESA Process Step 4: Information Requirements for Individual ESA Consultations Individual ESA consultations are required for many of the proposals received by the Corps of Engineers. An individual ESA consultation requires the project proponent to submit some form of documentation to the Corps. This information is reviewed by the Corps and formally submitted to the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service for their review and concurrence. The document submitted under an individual ESA consultation is call a Biological Evaluation (BE). Biological Evaluations (BE's) If your proposed project does not meet one of the streamlined ESA consultation procedures outlined in Step, you must submit a document called a Biological Evaluation (BE). A BE assesses the impacts a proposed project will have on federally listed and/or proposed-to-be-listed species. The Corps will use your BE to determine whether your proposed project will affect these species. (Please refer to our Special Public Notice for definition of terms and additional guidance). The following basic information is provided to assist project proponents prepare a BE. 1. NMFS Habitat Approach 2. Activity Specific Information • Additional Information for Dredy-ing Projects • Additional Information for Overwater Structures • Additional Information for Bank Protection in Marine/Estuarine Waters Additional Information for Road Projects Additional Information for Removal of Fish Passage Barriers Information Paper for Restoration Projects 3. Geographic Information • Impact Reduction Guidelines for Piers and Bulkheads in Lake Washington • ESA/EF =1 Concerns & Over-water Structures in Marine Waters 4. Biological Assessment Template Biological Assessment Template provides guidelines for Page 1 of 2 • �.1 t`3 Seattle District,US Army Corps of Engineers 04-Jun-2007 r--r-----a -- - a--�_ _____ ------- --- - ---r-- - r- ---�. 5. Critical Habitat Assessment Template Coastal-Puget Sound bull trout • Columiba River bull trout • Pacific salmon and steelhead Western snowy plover Go to Step 5 Point of Contact:Regulatory Reception or Contact a Phone:(206) Email: Specific Staff Member 764-3495 gloria j.greenwood@usace.army.mil Page 2 of 2 A11tsflh- f Tftnel`jz� G 77 w sr" I. , Gn�- 54a I'�"d ASSESSMENT OF IMPACTS TO CRITICAL HABITAT FOR COE reference number: Applicant name: Please check all evolutionarily significant units (ESUs) that apply: ❑ Puget Sound Chinook ❑ Lower Columbia River(LCR) Chinook ❑ Upper Willamette River(UWR) Chinook ❑ Upper Columbia River(UCR) Chinook ❑ Hood Canal summer chum ❑ Columbia River chum ❑ Ozette Lake sockeye ❑ UCR steelhead ❑ Snake River basin steelhead ❑ Middle Columbia River steelhead ❑ LCR steelhead ❑ UWR steelhead Directions. For each of the 6 primary constituent elements (PCEs) listed below, describe the existing conditions of the PCE in the action area and the effects from the project on the PCE. List any conservation measures of the project. Conservation measures are actions that will be taken to benefit or promote the recovery of the species/critical habitat. Provide a determination of effect for the project based on effects to all PCEs. Salmon and Steelhead Critical Habitat- Primary Constituent Elements (PCEs) From 50 CFR Part 226, 69 FR 74572 The primary constituent elements determined essential to the conservation of salmon and steelhead are: (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Describe existing conditions in action area: Describe effects from project to PCE: (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Describe existing conditions in action area: Describe effects from project to PCE: 1 (3)Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Describe existing conditions in action area: Describe effects from project to PCE: (4)Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Describe existing conditions in action area: Describe effects from project to PCE: (5)Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Describe existing conditions in action area: Describe effects from project to PCE: (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Describe existing conditions in action area: Describe effects from project to PCE: Conservation measures: Determination of Effects: 'For proposed critical habitat,choose one of the following determinations of effects: (a)no effect,(b)no destruction or adverse modification,(c)destruction or adverse modification. For designated critical habitat,choose one of the following determinations of effect: (a)no effect,(b)may affect,not likely to adversely affect,(c)may affect, likely to adversely affect. 2 ' Seattle District,US Army Corps of Engineers 04-Jun-2007 3 A Ah,�- Steps Through the ESA Process A,op Step 3: Determine if the Project Qualifies Under a Streamlined ESA Consultation The Corps of Engineers has streamlined the ESA consultation process by 1) conducting pre-approved ESA consultations for a number of work activities within Washington State, and 2) using reference biological evaluations/assessments. If you are not able to design your project to meet the work activity requirements outlined in the streamlined ESA consultations below, or for activities not covered in these consultations, the Corps will need to conduct the required Section 7 consultation on a individual basis Ste . These streamlined ESA consultations apply only to listed fish species. If other listed non-fish species occur in your project area, additional information and an individual Section 7 consultation may be necessary for those species. Please note that the conditions for each work activity may vary by region, or the activity may not be approved in certain regions. Therefore, please read this information closely. The specific work activitites and their requirements are provided below. Activities Occurring in Areas of Washington State Aids to Navigation • • Fish Passage Barriers • • Fish and Wildlife Harvesting • • installation or Replacement of One Boatlift • -Minor Bank Stabilization Repair Mooring; Buoys •• Nearshore Fill for State Hydraulic Project Approval (HPA) Mitigation Page 1 of 2 Seattle District,US Army Corps of Engineers 04-Jun-2007 ICt:t,�UIrCII1CIIlS •• Oil Spill Containment Removal of Fish Passage Barriers Replacement of tap to 1.8 Existing Piling •• Scientific Measurement Devices Temporary Recreational Structures -not approved for listed salmon steelhead •• Tideland Markers Activities Occurring in Lower Columbia River (mouth to McNary Dam) Pier Ramp and Float(s) Go to Step 4 If you have questions regarding Endangered Species Consultations, please contact Maryann Baird, telephone (206) 764-5531, or Marcy Reed, telephone (206) 764-5529. Point of Contact:Regulatory Reception or Contact a Phone:(206) Email: Specific Staff Member 764-3495 gloria.j.greenwood@usace.army.mil Page 2 of 2 Seattle District,US Army Corps of Engineers 04-Jun-2007 2A Steps Through the ESA Process . _ . .. .�, .,. .. w. ...�.. µ.M....w... Step 2: Determining if the Project Will Have "No Effect" on Listed Species When the Corps determines that a project has "no effect" on a listed species, the Corps does not need to consult with National Marine Fisheries Service or the U.S. Fish and Wildlife Service. For listed fish species, the Corps has developed general descriptions of activities that have "no effect". •Freshwater Activities that have "No Effect" on Listed Fish Species •Marine/Estuarine Activities that have "No Effect" on Listed Fish Species If a project meets the activities listed in either of the two lists above, please reference the appropriate list and activity on the Joint Aquatic Resource Permits Application JARPA), These "im effect" €: eter;ni iaflolis 1,zre or listed fish species oifly. The project may still have an effect on other listed non-fish species. Additional information and an individual ESA consultation may be necessary for those species. Other activities, not listed on this page, may qualify as "no effect" on an individual case-by-case review. Go to Step 3 Point of Contact:Regulatory Reception or Contact a Phone:(206) Email: Specific Staff Member 764-3495 gloria.j.greenwoodgusace.army.mil Page 1 of 1 2a Version: May 30, 2001 -WORKING DRAFT - PROJECT CONDITIONS OR ACTIONS THAT QUALIFY AS "NO EFFECT" ON LISTED OR PROPOSED T&E FISH OR THEIR CRITICAL HABITAT IN WASHINGTON STATE o UNDER THE ENDANGERED SPECIES ACT' (All Fresh Waters, including Columbia River & Baker Bay) 1. No listed fish or fish proposed for listing, or their forage base, or designated or proposed critical habitat occur in the waterbody where work is to occur, and work will not result in short- or long-term water quality or quantity impacts which may affect listed or proposed species or their forage base downstream of the project site. This condition applies to all fresh waters of the U.S., including wetlands, and includes all isolated waters or wetlands. 2. For salmon and steelhead: Work that occurs as part of a single and complete project that is 300 feet or more away from a water of the U.S. which may contain listed fish or fish proposed for listing, including intermittent streams and adjacent wetlands, and work will not result in short- or long-term water quality or quantity impacts which may affect listed or proposed fish species or their forage base downgradient of the project site. The 300-foot measurement is a horizontal measurement from the ordinary high water (OHW) mark (or top of the bank if an OHW mark is not observable), and does not take topography into account. 3. For bull trout: For streams and rivers: Work that occurs as part of a single and complete project that is beyond the edge of the channel migration zone (CMZ) of streams and rivers which may contain listed fish or fish proposed for listing (including intermittent streams) plus one site-potential tree height, or that is 300 feet or more away from a water of the U.S., whichever is the greater distance, and work will not result in short- or long-term water quality or quantity impacts which may affect listed or proposed fish species or their forage base down-gradient of the project site. For the purposes of this determination, site-potential tree height shall be defined as 130 feet for areas east of the Cascade crest and 200 feet for areas west of the Cascade crest. The 300-foot measurement is a horizontal measurement from the ordinary high water (OHW) mark (or the top of the bank if an OHW mark is not ' Based on available literature [50 CFR Part 226, FR Vol. 65, No. 32], the Corps' Seattle District, Regulatory Branch, notes that a 300-foot riparian area should provide a high level of protection for these species and their critical habitat under the Endangered Species Act (ESA). This "No Effect" list is meant to cover those single and complete projects that meet the stated criteria. For projects that do not meet these criteria the applicant should contact the Corps for a case-by-case determination of effect under the ESA. Such projects may still qualify for a "No Effect" determination on an individual basis. This list does not represent any finding regarding the Clean Water Act, the Rivers and Harbors Act, nor any Federal law other than the ESA. 2G observable), and does not take topography into account. For lakes and other waters: Work that occurs as part of a single and complete project that is 300 feet or more away from a lake or other water of the U.S. which may contain listed fish or fish proposed for listing, including wetlands, and work will not result in short- or long-term water quality or quantity impacts which may affect listed or proposed fish species or their forage base down-gradient of the project site. The 300-foot measurement is a horizontal measurement from the ordinary high water (OHW) mark (or the top of the bank if an OHW mark is not observable), and does not take topography into account. 4. Replacement of decking, rails, stringers, or other above-water parts on serviceable structures in navigable waters, provided that: any stain, paint, or preservatives to be applied on such components is completely dry/cured prior to installation, creosote and pentachlorophenol preserved wood will not be used, and no material shall enter the waterbody during the removal of decking, etc. [work typically allowed under Nationwide Permit 31 5. Replacement of floats, provided that: replacement float is no larger and within the same footprint as the original float; only the over-water float is replaced and the original anchor system remains in place; the float is unchained from the anchor, moved onshore and new replacement float is placed in the water fully intact and chained to the existing anchor; any stain, paint, or preservatives to be applied onto the float is done while the float is on the land and all treatments are completely dry/cured prior to returning the float to the water; and the flotation is fully contained in a rigid protective casing. [work typically allowed under Nationwide Permit 3] (NOTE: The EPA/Corps jurisdiction under the Clean Water Act generally does not extend to: artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; nor artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons; nor to waterfilled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the U.S. Additionally, construction or maintenance of farm or stock ponds is exempt from needing a Corps permit, as is construction of temporary sedimentation basins on a construction site which does not include placement of fill material into waters of the U.S.) Seattle District,US Army Corps of Engineers 01-Jun-2007 JA Steps Through the ESA Process Step 1: Determining What Listed Species Occur in Your Project Area To determine if any listed or proposed-to-be-listed species occur in the vicinity of your proposed project, you will need to contact the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). NMFS For listed or proposed salmon, other marine fish, marine mammals, and marine reptiles, please see the NMFS website at http://www.nwr.noaa.go-v,/ USFWS To obtain a "site-specific species list" for your project, please contact the Washington State Department of Fish and Wildlife at (360) 902-2543 or access their website at http://w-ww.wdf',,N,,.wa.gov/liab/phs]2age.l.itm. Washington State Department of Natural Resources Natural Heritage Program at (360) 902-1667, or access their website at http://www.dnr.wa.gov/nhp/ Go to Step 2 Point of Contact:Regulatory Reception or Contact a Phone:(206) Email: Specific Staff Member 764-3495 gloria.j.greenwood@usace.army.mil Page I of 1 Endangered Species Act Status of West Coast Salmon & Steelhead :r,d Jane S.20Pf') I Current Species' Endangered ESA Listing Actions I Species Act Under Review Listing Status2 Sockeye Salmon 1 1 {,,,Snake River (Oncorhynchus 2 _iIi_Ozette Lake -- nerka) 3 7 Baker River Not Warranted ' i 4 ! Okanogan River ,vot Warranted } 5 Lake Wenatchee ... ......,._._.._, ...-... Not Warranted_,. + 6 i Quinalt Lake riot Warranted I 7 Lake Pleasant Not Warranted 8 3.Sacramento River Winter-run_ Chinook Salmon 9 ) Upper Columbia River Spring-run r -- - (O.tshaayischa) 10 Snake River Spring/Summer-run 11 , Snake River Fall run 12 8 Puget Sound L,, j 13 Lower Columbia River 14 Upper Willamette River # IS I Central Valley Spring-run 16 1 California Coastal - F { 17 Central Valley Fall and Late Fall-run pet iet irf.Goructxr , 18 Upper Klamath Trinity Rivers Not Warranted j 19 Oregon Coast Not Warranted ' j 20 Washington Coast Not Warranted 21 7I Middle Columbia River spring-run Not Warranted { 22 i._Upper Columbia River summer/fall-run No(Warranted 23 Southern Oregon and Northern California Coast_ mm Not Warrant0ed I 24 Deschutes Riva summer/Fall-rim Nor Warranted 11 j 25 Central California Coast Coho Salmon 26 Southern Orc�on/Northem California (O.kisatch) 27 Lower Columbia River Critical habitat i 28 Ore on Coast v Not Warranted 29 Southwest WashinSton (.'ndeterminrd 30 Puget Sound/Strait of Geo^ tia m � Species of Concern 31 OI is Peninsula Not Warranted II 32 Hood Canal Summer-run Chum Salmon - _ (a keta) 33 1,Columbia%,er i 34 Puget Sound/Strait of Georgia Not Warranted 35 Pacific Coast Not Warranted f 36 Southern California 37 Upper Columbia River 3 Steelhead(a mykiss) 38 CentralCoast California Coas �. 39 South Central California Coast 40 Snake River Basin 41 Lower Columbia River 42 California Central Valley,_,_______ 143 Upper Willamette River. 144 Middle_Columbia River 45 Notthem_Califomia _,,._..._........_..,.....,, _ - 46 Oregon Coast 3 47 Southwest Washington Not Warranted ' 48 . Olympic Peninsula Not Warranted j Proposed • Critical habitat 49 Puget Sound 3 77rreateaed • Protective Regulations - 50 t Klamath Mountains Province Not Warranted Pink Salmon 51 Even-year E (O.gorbnscha) Not Warranted_ I 52 Odd-year Not Warranted ? j 1 The ESA defines a"species"to include any distinct population segment of any species of vertebrate fish or wildlife For Pacific salmon,NOAA Fisheries considers an Evolutionarily Significant Unit,or"ESU,"a"species"under the ESA. For Pacific steelhead,NOAA Fisheries has delineated Distinct Population Segments (DPSs)for consideration as"species"under the ESA 2 Updated final listing determinations for 16 salmon species were issued on June 28,2005(70 FR 37160). Updated final listing determinations for 10 West Coast steelhead species were issued on January 5,2006(71 FR 834). On September 2,2005,we issued final critical habitat designations for 19 West Coast salmon and steelhead species(70 FR 52488 and 52630). 3 Puget Sound steelhead was proposed for listing as a threatened species on March 29,2006(71 FR 15666). Endangered Species Act Status of West Coast Salmon & Steelhead (��J?kiik a:Fi-ii;kY'3'.2�(lr3f Current Species' Endangered ESA Listing Actions SpeciesAct , Under Review Listing Statusz 1 Snake River Sockeye Salmon i } - 1 (Orrcorhynchus .2 Ozette Lake y nerka) i ; Baker River Not Warrmned 4 Okanogan River No!Warranted € 5 i Lake Wenatchee Not Warranted „ t 6 i Qumalt Lake Not Warranted 4 7 Lake Pleasant Not Warranted 8 Sacramento River Winter nun n € Chinook Salmon 9 Upper Columbia River Spring-run a 1 (O.tshawyacha) € 10 Snake River Spring/Summer-run i I I 1 Snake River Fall-run r i 12 Puget Sound 13 € Lower Columbia River 14 Upper Willamette River 1 15 Central Valley Spring-run r = 16 a California Coastal,.., 17 i Central Valley Fall and Late Fall-run 3 I8 Upper Klamath Trinity Rivers Not Warranted 19 Oregon Coast Not Warranted € 20 Washington Coast I Not Warranted 21 1 Middle Columbia River spring-run Not Warranted 22 Upper Columbia River summer/fall-inn j Not Warranted 23 Southern Oregon and Northern California_Coast 1 Not Warranted 1 24 Deschutes River summer/fall-inn Not Warranted 25 Central California Coast z Coho Salmon 26 a Southem Oregon/Nonhem Califomia _ (O.kisurch) 27 Lower Columbia River Critical habitat 28 a Oregon Coast No!Warranted 29 i Southwest Washington Undetermined I j 30 Puget Sound/Strait of Georgia 31 OI m is Peninsula Not Warranted - 1 32 j Hood Canal Summer run 1 Chum Salmon ( — i (O.keta) 33 a ColumbiaRiver 34 Puget Sound/Strait of Georgia_ _ Not Warranted 35 1 Pacific Coast Not Warranted 36 Southem California ' 37 Upper Columbia River -.r Steelhead 38 Central Cahfom oast ia C �� (a mykiss) _ _. 39 South Central California Coast 40 Snake River Basin 41 ' Lower Columbia River r 42 CaLfomiaCentral Valli w". � 1 43 Upper Willamette River W...- { 44 i Middle Columbia River _,_ t ( 45 Northem Cahfomia j( 46 I Oregon Coast 99 ( 47 a Southwest Washington No!Warranted p ula Not Warranted 48 Olympic Penms _ Proposed Critical habitat j 49 a Puget Sound 3 Threatened Protective Regulations 50 Klamath Mountains Province Not Warranted i. 1 Pink Salmon 51 a Even- ear Noe Warranted (O.gorbuscha) 1 52 Odd-year No!Warranted 1 The ESA defines a"species"to include any distinct population segment of any species of vertebrate fish or wildlife. For Pacific salmon,NOAA Fisheries considers an Evolutionarily Significant Unit,or"ESU,"a"species"under the ESA. For Pacific steelhead,NOAA Fisheries has delineated Distinct Population Segments (DPSs)for consideration as"species"under the ESA 2 Updated final listing determinations for 16 salmon species were issued on June 28,2005(70 FR 37160). Updated final listing determinations for 10 West Coast steelhead species were issued on January 5,2006(71 FR 834). On September 2,2005,we issued final critical habitat designations for 19 West Coast salmon and Steelhead species(70 FR 52488 and 52630). 3 Puget Sound Steelhead was proposed for listing as a threatened species on March 29,2006(71 FR 15666), Seattle District,US Army Corps of Engineers 04-Jun-2007 SA Steps Through the ESA Process Step 5: The Consultation Process Section 7 of the Endangered Species Act (ESA) requires all Federal agencies to "consult" with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) concerning the potential effects of their permit actions on any species listed under the ESA. Section 7 consultation requirements vary based on the determination or level of effect. For those activities where the Corps has determined that there is "no effect" on listed or proposed-to-be-listed species and designated and/or proposed critical habitat, consultation with the NMFS and/or USFWS is not required. The Corps has developed guidelines for "No Effect" situations, for both freshwater and marine/estuarine environments. For those activities where the Corps determines that the proposed work may affect a threatened or endangered species, some kind of consultation with NMFS and/or USFWS is required. There are two types of consultation: informal and formal. Informal Consultation - If the effects of the proposed work on listed species would be beneficial, or the potential adverse impacts are insignificant and discountable, then the Corps determines that the project may affect, but is not likely to adversely affect the species or critical habitat. The Corps then forwards the Biological Evaluation (BE) to NMFS and/or USFWS (based on the species affected) and requests that they concur with the "not likely to adversely affect" determination. Once concurrence is granted, the consultation process ends. If NMFS or USFWS finds that the project will have significant adverse effects on listed species or critical habitat and they cannot concur with the "not likely to adversely affect" determination, then formal consultation commences. Formal Consultation - If the proposed work may have more than insignificant and discountable adverse impacts to a listed species or critical habitat, then the Corps determines that the project may affect, is likely to adversely affect the species or critical habitat. The Corps then refers the Page 1 of 2 Seattle District,US Army Corps of Engineers 04-Jun-2007 affected) to initiate formal consultation. NMFS and USFWS prepare a Biological Opinion (BO) that documents whether the project will jeopardize the continued existence of the species or destroy or adversely modify critical habitat. If the BO finds that the project will jeopardize the species, then the Corps will generally deny the permit. Reasonable and Prudent Alternatives may be proposed in the BO that meet the applicants purpose and will not jeopardize the existence of the listed or proposed species. Projects that will not jeopardize the species must comply with the terms and conditions of the BO. Formal consultation ends with receipt of the BO. Note: Other permit requirements within the application review process may still need to be met after the Section 7 informal or formal consultation has been completed. For more information on the Section 7 consultation process, please visit: National Marine Fisheries Service (NMFS) Includes electronic versions of Biological Opinions issued in the Pacific Northwest and the Public Consultation Tracking System U.S. Fish and Wildlife Service (USFWS) ESA Special Public Notices & Information Papers Go Back to ESA Homepagee Point of Contact:Regulatory Reception or Contact a Phone:(206) Email: Specific Staff Member 764-3495 gloria.j.greenvood@usace.army.mil Page 2 of 2 DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF Regulatory Branch j,Jkl 2 g 2007 Mr. Daniel Carey EXAMPLE — 2007 Permit City of Renton— Surface Wab 1055 South Grady Way Renton, Washington 98055 2009 Permit should be similar. Reference: Renton, City of NWS-2007-688-NO Dear Mr. Carey: We have reviewed your application to place 25 cubic yards of fish gravel below the sediment basin,place a temporary diversion structure at the sediment basin, and place a temporary diversion berm at the flow splitter to dewater the creek during sediment pond maintenance in Maplewood Creek at Renton, King County, Washington. Based on the information you provided to us,Nationwide Permit 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities and Nationwide Permit 33, Temporary Construction, Access, and Dewatering(Federal Register,March 12, 2007 Vol. 72,No. 47), authorize your proposal as depicted on the enclosed drawings dated May 2007 and June 6, 2007. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Nationwide Permit 27 and 33, Terms and Conditions and the following special conditions: a. You must implement and abide by the ESA requirements and/or agreements set forth in your Reference Biological Evaluation Specific Project Information Form for Nearshore Fill, dated May 5, 2004, and the addendum dated June 6, 2007, in their entirety. You must also comply with the conditions included in the enclosed General Implementation Conditions.The National Marine Fisheries Service (NMFS) concurred with a finding of"may affect, not likely to adversely affect"based on this document on June 29, 2007 (NMFS Reference Number Nt NWR/2007/04275). They will be informed of this permit issuance. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. The NMFS is the appropriate authority to determine compliance with ESA. b. In order to protect Puget Sound Chinook and Puget Sound steelhead, the permittee may conduct the authorized activities from July 1 through September 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from September 16 through June 30 in any year this permit is valid. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. -2- Deviating from the approved plans could result in the assessment of criminal or civil penalties. Please note that we may need to reinitiate Endangered Species Act Section 7 consultation with the National Marine Fisheries Service and/or U.S. Fish and Wildlife Service in order to authorize any work not already included in the enclosed plans. We are unable to determine whether or not your project requires individual Water Quality Certification and a Coastal Zone Management consistency determination response from the Washington State Department of Ecology(Ecology)-. Before you may proceed with the work i, authorized by this NWP, you must contact the following Ecology office regarding these G requirements: Nationwide Permit Coordinator Department of Ecology, SEA Program z Post Office Box 47600, E Olympia,Washington 98504-7600; ?' telephone(360)407-6927. If more than 180 days pass without Ecology responding to your individual WQC and CZM consistency determination concurrence.request, your requirement to obtain an individual WQG and CZM consistency determination response becomes waived. You may then proceed to construction. We have reviewed your project pursuant to the requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat(EFH). We have determined that this project complies with the requirements of NWP National General Condition 11 and will not adversely affect EFH. Our verification of this NWP authorization is valid for 2 years from the date of this letter unless the NWP is modified,reissued, or revoked prior to that date. If the authorized work has not been completed by that date,please contact us to discuss the status of your authorization. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the 1899 Rivers and Harbors Act. Also, you must obtain all State and local permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permit process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.annv.mil (select "Regulatory" and then"Regulatory/Permits"). -3- If you Have any questions about this letter,please contact me at (206) 766-6438 or via email at Amy.S.Klein(a,usace.army.mil. Sincerely, awl Amy Klein,Project Manager Regulatory Branch Enclosures -4- cc w/drawings: Washington Department of Ecology_ SEA Program ATTN: Federal Permit Coordinator PLAN VIEW / TE I L Q /TEMPORARY DIVERSION DAM , SEE DETAIL 1 EX I TI G SEOIM N BASIN I 96.5 103.5 101.2 CITY OF RENTO 90. ».M/ PLEWOOD GOL-FC URSE 973 I � FLOW SPLITTER AND TEMPORARY 747 892,DIVERSION BERM SEE DETAIL 2 1s FISH CH EL \ON GOL COURSE OVER W .,64.2 t C HANNE { \� PA PROJECT SITE LATITUDE: 47°28'29" LONGITUDE: 122'09'48" 0 75 150 NEIGHBORING PROPERTY OWNER: t =0009= CASEY McCARTY NORTH SCALE 1"= 150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 1 of 5 DETAIL 1 APLEW D CREEK J p ; OHW (A rox) / v ' PLASTIC SHEET SANDBAGS O SEAL DAM, //R:EDUCE UNDERFLOW CONC TE NLET ; 18' BYPAS PIPE �' 0 A i r N 20, TEMPORARY 1VERSION !AM APPROX 2.5 _iO 3.5 FEET HIGH CONSTRU D OF SANDBAGS, MEDIA BAGS, AND PLAS/7�6 SHEETING:(TYP) II � i PROJECT SITE LATITUDE: 47°28'29" LONGITUDE: 122'09'48" 0 5 10 NEIGHBORING PROPERTY OWNER: CASEY McCARTY NORTH SCALE 1" = 10 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 2 of 5 CROSS-SECTION 1 CROSS-SECTION A-A, LOOKING EAST TEMPORARY DIVERSION DAM UPSTREAM OF SEDIMENT BASIN OHW DEPTH APPROX -21 2 TO 4 INCHES SANDBAGS TO SEAL EDGES i AND ANCHOR PLASTIC FLOW i I I -2,5' TO 3,5' - - �� -- - - I / I - ---------- CHANNEL PLASTIC SHEETING BOTTOM MEDIA BAG OR OTHER MATERIAL CONCRETE INLET TO FORM DAM AND BYPASS PIPE (IN FOREGROUND) PROJECT SITE LATITUDE: 47°28'29" LONGITUDE: 122' 09'48" NEIGHBORING PROPERTY OWNER: CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 3 of 5 DETAIL 2 TEMPORARY DIVERSION BERM APPROX 1.0 TO 1.5 FEET HIGH � 1 CONSTRUCTED OF SANDBAGS AND PLASTIC SHEETING MAPLEWOOD CREEK OHW (Approx) ' TO FISH CHANNEL -�- '• B REMOU ACCUMULATED V� SEDIM NT OVERFLOW CHANNEL FLOW SPUTTER (DRY) PROJECT SITE LATITUDE: 47'28'29" LONGITUDE: 122' 09'48" 0 5 10 NEIGHBORING PROPERTY OWNER: f 7 1 CASEY McCARTY NORTH SCALE 1"= 10 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 4 of 5 CROSS-SECTION 2 CROSS-SECTION B-B, LOOKING EAST TEMPORARY DIVERSION BERM AT FLOW SPLITTER OHW DEPTH APPROX BERM FROM SANDBAGS 2 TO 4 INCHES AND PLASTIC SHEETING FLOW U I ,COMING T r'T RD PAGE —2.5" CHANNEL iL BOTTOM ACCUMULATED SEDIMENT FLOW SPLITTER OVERFLOW WEIR PROJECT SITE LATITUDE: 47'28'29" LONGITUDE: 122'09'48" NEIGHBORING PROPERTY OWNER: CASEY McCARTY 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK SEDIMENT BASIN Applicant: City of Renton Place Temporary Diversion Dam, Berm Reference #: Waterway: Maplewood Greek Location: Maplewood Golf Course Sec. 15 T. 23N R. 5E 4050 Maple Valley Highway Prepared: June 6, 2007 Renton, King County, Washington, 98058 Sheet 5 of 5 VICINITY MAP a s a D PRO C ITE Maplewood Creek ® C edar Ma le o Golf Co e PROJECT SITE LATITUDE: 47° 28' 29" LONGITUDE: 122° 09'48" 0 800 1600 NORTH SCALE 1" = 1600 FT MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 1 of 6 PLAN VIEW - 1 EXI TI G ' SE IM N BA IN W7. / 74.3 "96.5 G 103.5 MAPLEWOOD EEK 'i G = G VEL PLACEMENT 101.2 N VI W 290 73.6 LOCATI NS (APPX) G Mc A R PE I 77.3 83.0 G 74.4 8.2 74.7 G G ��--- R 71.9 G EXISTI F'L-OW 74.2 - SPLITTE TRI�C i MAPLEWOOD CREEK G PLAN f 84.0 ' 71.5 74.3 G 77.7 VIEW-3 82.5 \ HIGH FLOW CHANNEL ( 80.6 w\ 3.2 / 7 4 / 80.1 77.6 79.9 150' CITY70F RENT IN - WOOR GOL OURSE-9 PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122° 09'48" NEIGHBORING PROPERTY OWNER: 0 75 150 CASEY McCARTY NORTH SCALE 1"= 150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 2 of 6 PLAN VIEW - 2 01 V� �OQ OQ EX. BOULDER CLUSTERS �O (TYPICAL) Qv �O ORDINARY HIGH WATER LINE (TYPICAL) mQ O O A , GRAVEL REPLACEMENT AREA \ (TYPICAL) PLACE APPROX. 1 TO 2 CY OF \, CLEAN GRAVEL A SEE SECTION VIEW 1 1 EX. ROOT OG EX. ASPHALT ROAD % AND PARKING LOT 0 5 10 NORTH SCALE 1" = 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 3 of 6 %._CTION VIEW A-A EX. TREES AND EX. SHRUBS AND CUTTINGS SHRUBS PLANTED BY CITY WATER DEPTH VARIES EX. WEST BANK I=� 2"TO 6" (TYPICAL) EX. EAST BANK REBUILT FOR — OHWL CHANNEL CONSTR. ORIGINAL GRAVEL LAYER 12" THICK GRAVEL REPLACEMENT WIDTH VARIES 6"TO 12"THICK (APPROX.) 5' TO &TYPICAL ERODED GRAVEL LEVEL 1 TO 2 CY OF CLEAN GRAVEL (APPROX.) GRAVEL REPLACEMENT SPEC. IN HIGH FLOW AREA FROM SEDIMENT BASIN TO FLOW SPLITTER* SIZE Percent Finer by Weight 6" 60- 100% 3" 30 - 0% TYPICAL SECTION A-A 1" 0-30% NEAR PLAN VIEW 2 1/4" 0% FROM SEDIMENT BASIN TO FLOW SPLITTER 0 5 (LOOKING UPSTREAM) SCALE 1" - 5 FT "NOTE - Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 4 of 6 PLAN VIEW - 3 00 0 � I EX. BOULDER CLUSTERS — (TYPICAL) O- EX. LOG DROP (TYPICAL) GRAVEL REPLACEMENT AREA (TYPICAL) PLACE APPROX. 1 CY OF OO CLEAN GRAVEL SEE SECTION VIEW / B m a . 0- ORDINARY HIGH WATER LINE 2 _ (TYPICAL) �O EX. GRASS :... ROUGH EX. GRASS ROUGH --I O - 0 5 10 NORTH SCALE 1" = 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 5 of 6 r F . lOFILE VIEW B-B EX. LOG DROPS WITH FLOW NOTCH WIDTH VARIES WATER DEPTH VARIES 3'TO 6'TYPICAL 4"TO 6" (TYPICAL) FLOW OHWL r 0 ORIGINAL GRAVEL LAYER ---� 12" THICK EX. LARGE RIP-RAP 5' LONG ERODED GRAVEL LEVEL (APPROX.) GRAVEL REPLACEMENT 6" TO 12"THICK (APPROX) 1 CY OF CLEAN GRAVEL APPROX.) GRAVEL REPLACEMENT SPEC. IN LOW FLOW AREA BELOW FLOW SPUTTER SIZE Percent Finer by Weight 4" 75 - 100% 2" 30 - 75% TYPICAL SECTION B-B 1" 0 - 30% NEAR PLAN VIEW 3, BELOW FLOW SPUTTER 1/4" 0% 0 5 SCALE 1" = 5 FT *NOTE - Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 6 of 6 NATIONWIDE PERMIT 27 � y�aPB°FFHaryFm� Army Corps of Terms and Conditions of Engineers c , Seattle District Effective Date: March 19,2007 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Additional Limitations on the Use of NVWPs In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 27 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27.Aquatic Habitat Restoration,Establishment,and Enhancement Activities.Activities in waters of the United States associated with the restoration,enhancement,and establishment of tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal streams and other non-tidal open waters,provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required,activities authorized by this NWP include,but are not limited to: the removal of accumulated sediments;the installation,removal,and maintenance of small water control structures, dikes,and berms;the installation of current deflectors;the enhancement,restoration,or establishment of riffle and pool stream structure;the placement of in-stream habitat structures;modifications of the stream bed and/or banks to restore or establish stream meanders;the backfilling of artificial channels and drainage ditches;the removal of existing drainage structures;the construction of small nesting islands;the construction of open water areas;the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding;activities needed to reestablish vegetation,including plowing or discing for seed bed preparation and the planting of appropriate wetland species;mechanized land clearing to remove non-native invasive,exotic,or nuisance vegetation;and other related activities.Only native plant species should be planted at the site. This NWP authorizes the relocation of non-tidal waters,including non-tidal wetlands and streams,on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non-tidal waters on the project site,this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type(e.g.,stream to wetland or vice versa)or uplands.This NWP does not authorize stream channelization.This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,including tidal wetlands,to other aquatic uses,such as the conversion of tidal wetlands into open water impoundments. Reversion.For enhancement,restoration,and establishment activities conducted: (1)In accordance with the terms and conditions of a binding wetland enhancement,restoration,or establishment agreement between the landowner and the U.S.Fish and Wildlife Service(FWS),the Natural Resources Conservation Service(NRCS),the Farm Service Agency(FSA),the National Marine Fisheries Service(NMFS),the National Ocean Service(NOS),or their designated state cooperating agencies;(2)as voluntary wetland restoration,enhancement,and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards;or(3)on reclaimed surface coal mine lands,in accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or the applicable state agency,this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use(i.e.,prior to the restoration,enhancement, or establishment activities).The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit,and is authorized in these circumstances even if the discharge occurs after this NWP expires.The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS,NRCS,FSA,NMFS,NOS,or an appropriate state cooperating agency.This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored,enhanced,or established on prior-converted cropland that has not been abandoned or on uplands,in accordance with a binding agreement between the landowner and NRCS,FSA,FWS,or their designated state cooperating agencies(even though the restoration,enhancement,or establishment activity did not require a section 404 permit).The prior condition will be documented in the original agreement or permit,and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit.Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition.Once an area has reverted to its prior physical condition,it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time.The requirement that the activity result in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions.Except for the activities described above,this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition.In such cases a separate permit would be required for any reversion. Reporting:For those activities that do not require pre-construction notification,the permittee must submit to the district engineer a copy of. (1)The binding wetland enhancement,restoration,or establishment agreement,or a project description,including project plans and location map;(2)the NRCS or USDA Technical Service Provider documentation for the voluntary wetland restoration,enhancement,or establishment action;or(3)the SMCRA permit issued by OSM or the applicable state agency.These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification.The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity(see general condition 27),except for the following activities: (1)Activities conducted on non-Federal public lands and private lands,in accordance with the terms and conditions of a binding wetland enhancement,restoration,or establishment agreement between the landowner and the U.S.FWS,NRCS,FSA,NMFS,NOS,or their designated state cooperating agencies; (2)Voluntary wetland restoration,enhancement,and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards;or (3)The reclamation of surface coal mine lands,in accordance with an SMCRA permit issued by the OSM or the applicable state agency. However,the permittee must submit a copy of the appropriate documentation.(Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects,including mitigation banks and in- lieu fee programs.However,this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition,since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPS 1.Navi ag tion.(a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.(c)The permittee understands and agrees that, if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody,including those species that normally migrate through the area, unless the activity's primary purpose is to impound water.Culverts placed in streams must be installed to maintain low flow conditions. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation,fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Mi rg atory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 7.Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments.If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water,and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the pre-construction course,condition, capacity,and location of open waters must be maintained for each activity,including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows.The activity may alter the pre- construction course,condition,capacity,and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains.The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13.Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The affected areas must be revegetated,as appropriate. 14.Proper Maintenance.Any authorized structure or fill shall be properly maintained,including maintenance to ensure public safety. 15.Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic 3 Diver designation or study status.Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 16.Tribal Rights.No activity or its operation may impair reserved tribal rights,including,but not limited to, reserved water rights and treaty fishing and hunting rights. 17.Endangered Species. (a)No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c)Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work.The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have"no effect"on listed species or critical habitat,or until Section 7 consultation has been completed.(d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs.(e) Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA.In the absence of separate authorization(e.g.,an ESA Section 10 Permit,a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS,both lethal and non-lethal"takes" of protected species are in violation of the ESA.Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide Web pages at http://www.fws.gov/and http://www.noaa.gov/fisheries.html respectively. 18.Historic Properties. (a)In cases where the district engineer determines that the activity may affect properties listed,or eligible for listing,in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied.(b)Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places,including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate,and the National Register of Historic Places(see 33 CFR 330.4(g)).The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research,consultation,oral history interviews, sample field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective pernuttee within 45 days of receipt of a 4 complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 • consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR§800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section I l0k of the NHPA(16 U.S.C. 470h-2(k))prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19.Designated Critical Resource Waters. Critical resource waters include,NOAA-designated marine sanctuaries,National Estuarine Research Reserves,state natural heritage sites,and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment.The district engineer may also designate additional critical resource waters after notice and opportunity for comment.(a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31,35, 39,40,42,43,44,49,and 50 for any activity within,or directly affecting,critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 155 18, 19,22,23,25,27,285 30,33,34,36,37,and 38,notification is required in accordance with general condition 27,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 20.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing,or compensating)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.(c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 acre and require pre-construction notification,unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement.For wetland losses of 1/10 acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered.(d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation, such as stream restoration,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example,if an NWP has an acreage limit of 1/2 acre,it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However,compensatory mitigation can and should be used,as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f)Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment,maintenance,and legal protection(e.g., conservation easements)of riparian areas next-to open waters. In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address 5 documented water quality or habitat loss concerns.Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis.In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.(g)Permittees may propose the use of mitigation banks,in-lieu fee arrangements or separate activity-specific compensatory mitigation.In all cases,the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. (h)Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level. 21.Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22.Coastal Zone Mana eg ment.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 24.Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 25.Transfer of Nationwide Permit Verifications.If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit,including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 26.Compliance Certification.Each permittee who received an NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation.The certification form must be forwarded by the Corps with the NWP verification letter and will include:(a)A statement that the authorized work was done in accordance with the NWP authorization,including any general or specific conditions;(b)A statement 6 that any required mitigation was completed in accordance with the permit conditions;and(c)The signature of the permittee certifying the completion of the work and mitigation. 27.Pre-Construction Notification. (a)Timing.Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and,as a general rule,will request additional information necessary to make the PCN complete only once.However,if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity: (1)Until notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or(2)If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project,or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is"no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))is completed.Also,work cannot begin under NWPs 21,49,or 50 until the permittee has received written approval from the Corps.If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee cannot begin the activity until the district engineer issues the waiver.If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification:The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee;(2)Location of the proposed project;(3)A description of the proposed project;the project's purpose;direct and indirect adverse environmental effects the project would cause;any other NWP(s),regional general permit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity.The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.);(4)The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site.Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States.Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps,where appropriate;(5)If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied.As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan. (6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act;and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on,or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property.Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification:The standard individual permit application form(Form ENG 4345) may be used,but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition.A letter containing the required information may also be used. 7 (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level.(2)For all NWP 48 activities requiring pre-construction notification and for other NWP activities requiring pre-construction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the United States,the district engineer will immediately provide(e.g.,via facsimile transmission,overnight mail,or other expeditious manner)a copy of the PCN to the appropriate Federal or state offices(U.S.FWS,state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Office(THPO),and,if appropriate,the NMFS).With the exception of NWP 37,these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive,site-specific comments.If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider agency comments received within the specified time frame,but will provide no response to the resource agency,except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies'concerns were considered.For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended,or revoked in accordance with the procedures at 33 CFR 330.5.(3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act.(4)Applicants are encouraged to provide the Corps multiple copies of pre-construction notifications to expedite agency coordination.(5)For NWP 48 activities that require reporting,the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. (e)District Engineer's Decision:In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest.If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal.The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal,after considering mitigation,the district engineer will notify the permittee and include any conditions the district engineer deems necessary.The district engineer must approve any compensatory mitigation proposal before the permittee commences work.If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal)are determined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either:(1)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit;(2)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level;or(3)that the project is authorized under the NWP with specific modifications or conditions.Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period.The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level.When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 8 28. Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. C. ADDITIONAL LIMITATIONS ON THE USE OF NWPs 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal,state,or local permits,approvals,or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. If future operations by the United States require the removal,relocation,or other alteration of the work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,you will be required,upon due notice from the U. S Army Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 9 NATIONWIDE PERMIT 33 'y GORPS OF�A04 US Army Corps _ of Engineers c Terms and Conditions Seattle District �p+'PpOP Effective Date: March 19, 2007 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Additional Limitations on the Use of NWPs In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 33 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 33. Temporary Construction, Access, and Dewatering. Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites,provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also authorizes temporary structures, work, and discharges, including cofferdams, necessary for construction activities not otherwise subject to the Corps or U.S. Coast Guard permit requirements. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if the district engineer determines that it will not cause more than minimal adverse effects on aquatic resources. Following completion of construction, temporary fill must be entirely removed to upland areas, dredged material must be returned to its original location, and the affected areas must be restored to pre-construction elevations. The affected areas must also be revegetated, as appropriate. This permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use. Structures left in place after construction is completed require a section 10 permit if located in navigable waters of the United States. (See 33 CFR part 322.) Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity(see general condition 27). The pre-construction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions. (Sections 10 and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs 1.Navigation. (a)No activity may cause more than a minimal adverse effect on navigation.(b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The pernuttee understands and agrees that,if future operations by the United States require the removal,relocation,or t other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody,including those species that normally migrate through the area, unless the activity's primary purpose is to impound water.Culverts placed in streams must be installed to maintain low flow conditions. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation,fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 7.Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments.If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water,and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the pre-construction course,condition, capacity,and location of open waters must be maintained for each activity,including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows.The activity may alter the pre- construction course,condition,capacity,and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13.Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The affected areas must be revegetated,as appropriate. 2 14.Proper Maintenance.Any authorized structure or fill shall be properly maintained,including maintenance to ensure public safety. 15. Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 16.Tribal Rights.No activity or its operation may impair reserved tribal rights,including,but not limited to, reserved water rights and treaty fishing and hunting rights. 17. Endangered Species.(a)No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c)Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work.The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have"no effect"on listed species or critical habitat,or until Section 7 consultation has been completed.(d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs.(e) Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA.In the absence of separate authorization(e.g.,an ESA Section 10 Permit,a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS,both lethal and non-lethal"takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide Web pages at http://www.fws.gov/and http://www.noaa.gov/fisheries.html respectively. 18.Historic Properties. (a)In cases where the district engineer determines that the activity may affect properties listed,or eligible for listing,in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied.(b)Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places,including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate,and the National Register of Historic Places(see 33 CFR 330.4(g)).The district engineer shall make a reasonable and good faith effort to carry 3 t out appropriate identification efforts,which may include background research,consultation,oral history interviews, sample field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR§800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. (e) Prospective permittees should be aware that section I l0k of the NHPA(16 U.S.C. 470h-2(k))prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 19.Desianated Critical Resource Waters. Critical resource waters include,NOAA-designated marine sanctuaries,National Estuarine Research Reserves,state natural heritage sites,and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment.The district engineer may also designate additional critical resource waters after notice and opportunity for comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31, 35, 39,40,42,43,44,49,and 50 for any activity within,or directly affecting,critical resource waters, including wetlands adjacent to such waters.(b)For NWPs 3, 8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37,and 38,notification is required in accordance with general condition 27,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 20.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site).(b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing,or compensating)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.(c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 acre and require pre-construction notification,unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement.For wetland losses of I/10 acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered.(d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation, such as stream restoration,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example,if an NWP has an acreage limit of 1/2 acre,it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However,compensatory mitigation can and should be used,as 4 necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs.(f)Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment,maintenance,and legal protection(e.g., conservation easements)of riparian areas next to open waters.In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis.In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.(g)Permittees may propose the use of mitigation banks,in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases,the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan.(h)Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level. 21.Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 22. Coastal Zone Mana eg ment.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23.Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 24.Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 25.Transfer of Nationwide Permit Verifications.If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit,including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 5 26.Compliance Certification.Each permittee who received an NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation.The certification form must be forwarded by the Corps with the NWP verification letter and will include: (a)A statement that the authorized work was done in accordance with the NWP authorization,including any general or specific conditions;(b)A statement that any required mitigation was completed in accordance with the permit conditions;and(c)The signature of the permittee certifying the completion of the work and mitigation. 27.Pre-Construction Notification. (a)Timing.Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and,as a general rule,will request additional information necessary to make the PCN complete only once.However,if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity: (1)Until notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or(2)If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project,or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that is"no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))is completed.Also,work cannot begin under NWPs 21,49,or 50 until the permittee has received written approval from the Corps.If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee cannot begin the activity until the district engineer issues the waiver.If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified,suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification:The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee;(2)Location of the proposed project;(3)A description of the proposed project;the project's purpose;direct and indirect adverse environmental effects the project would cause;any other NWP(s),regional general permit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity.The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.(Sketches usually clarify the project and when provided result in a quicker decision.);(4)The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site.Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States.Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps,where appropriate;(5)If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied.As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan.(6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act;and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on,or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property.Federal 6 applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification:The standard individual permit application form(Form ENG 4345) may be used,but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition.A letter containing the required information may also be used. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level.(2)For all NWP 48 activities requiring pre-construction notification and for other NWP activities requiring pre-construction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the United States,the district engineer will immediately provide(e.g.,via facsimile transmission,overnight mail,or other expeditious manner)a copy of the PCN to the appropriate Federal or state offices(U.S.FWS, state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO)or Tribal Historic Preservation Office(THPO),and,if appropriate,the NMFS).With the exception of NWP 37,these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive,site-specific comments. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame,but will provide no response to the resource agency,except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies'concerns were considered.For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended,or revoked in accordance with the procedures at 33 CFR 330.5.(3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (4)Applicants are encouraged to provide the Corps multiple copies of pre-construction notifications to expedite agency coordination. (5)For NWP 48 activities that require reporting,the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. (e)District Engineer's Decision: In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest.If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal.The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal,after considering mitigation,the district engineer will notify the permittee and include any conditions the district engineer deems necessary.The district engineer must approve any compensatory mitigation proposal before the permittee commences work.If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan.The district engineer must review the plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal)are determined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the terms and conditions of the NWP. If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (1)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit;(2)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level;or(3)that the project is authorized under the NWP with specific modifications or conditions.Where the district engineer determines that mitigation is required to 7 ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period.The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level.When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 28. Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. C. ADDITIONAL LIMITATIONS ON THE USE OF NWPS 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal,state,or local permits,approvals,or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. If future operations by the United States require the removal,relocation,or other alteration of the work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,you will be required,upon due notice from the U. S Army Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 8 .1 1 DO..1 Specific and General Implementation PS OP Conditions for US Army Corps Engineers S Nearshore Fill Seattle District Version: May 30, 2001 Location: This informal programmatic consultation applies to proposed actions in Washington State where the National Marine Fisheries Service and U.S. Fish and Wildlife Service have concurred that the project not likely to adversely affect listed fish species and designated critical habitat and will not jeopardize proposed fish species or destroy or adversely modify proposed critical habitat. Implementation Conditions: To be covered by this informal programmatic consultation, all actions addressed herein shall comply with the specific conditions and the Implementation Conditions outlined in Programmatic Consulation —Phase I. General Implementation Conditions(below). Timing: The action shall only occur once within one "work season" for a single and complete proj ect. Adjacent: For the purposes of this document, "adjacent" is defined as within 300 linear feet. This is used when restricting projects from impacting special aquatic sites (such as an eelgrass bed or wetland) and/or salmonid or forage fish spawning areas. Nearshore Fill for State HPA Mitigation Requirements: Placement of up to 25 cubic yards of fill material waterward of the ordinary high water line (OHW) line to meet mitigation requirements imposed by Washington State Department of Fish and Wildlife (WDFW) in association with an Hydraulic Project Approval (HPA)where all other work(the bank stabilization activity and associated stockpiling) is outside Corps jurisdiction (landward of the OHW line) and has already been constructed, provided that: 1. In Fresh Waters excluding the Columbia River: a. Work is done within the approved work window. b. Material is not placed in or adjacent to vegetated shallows (except where such vegetation is limited to State-designated noxious weeds) or other special aquatic sites. c. Gravel materials are washed and clean prior to being brought to the site. d. Work occurs only in the dry. e. Stockpiling shall not occur below OHW. f. Work is done by hand except that if a barge is used to deliver material it shall not ground out on the bottom. g. The material is spread out evenly and the beach grade is not altered (to avoid stranding of fish). h. Upon completion of material placement the beach shall not contain any pits,potholes, or large depressions. i. All natural beach complexity features that were necessary to remove are repositioned or replaced in their original locations on the beach immediately following completion of the work. 1 2. In the Columbia River mainstem including Snake River and Baker Bay: This programmatic consultation does not cover activities in the Columbia River mainstem including Snake River and Baker Bay. 3. In Marine/Estuarine Waters excluding for Baker Bay: a. Work is done within the approved work window. b. Material is not placed in or adjacent to vegetated shallows or other special aquatic sites. c. Gravel materials are washed and clean prior to being brought to the site. d. Work occurs only in the dry. e. Stockpiling shall not occur below MHHW. f. Work is done by hand except that if a barge is used to deliver material it shall not ground out on the bottom. g. The material is spread out evenly and the beach grade is not altered (to avoid stranding of fish). h. Upon completion of material placement the beach shall not contain any pits,potholes, or large depressions. i. All natural beach complexity features that were necessary to remove are repositioned or replaced in their original locations on the beach immediately following completion of the work. Programmatic Consultation — Phase I General Implementation Conditions Permittees must follow these conditions, as well as stipulations specifically related to the work, in order for the permit to be covered by this informal programmatic consultation. I. General Conditions: 1. Notification. Applicants and permittees must notify the Corps via Programmatic Endangered Species Act (ESA) Consultation Specific Project Information Form for all actions proposed or completed under this programmatic consultation. If the notification is accomplished prior to completing the work, applicants must complete the Programmatic ESA Consultation Specific Project Information Form form and submit it with their JARPA or pre- construction notification package. 2. Agency Access. Permittee must provide access to the work site to representatives of the Corps,National Marine Fisheries Service (NMFS),U.S. Fish and Wildlife Service (USFWS), Washington Department of Ecology(Ecology), and Washington Department of Fish and Wildlife (WDFW) during all hours of construction or operation. 3. Suitable Material. Only clean, suitable material shall be used as dredged or fill material (e.g.,no trash, debris, car bodies, asphalt, etc.,). Material must be free from toxic pollutants in toxic amounts. 4. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation and contours. 2 5. No work in a Superfund or Model Toxic Clean up Site. No work shall occur in or adjacent to an existing or previously designated Superfund Clean-up site by the U.S. Environmental Protection Agency(EPA), or a site currently or previously designated for clean up under the Washington State Model Toxic Control Act(173-340 WAC), except for projects meeting conditions of Nationwide Permit 20. II. In-water Work Conditions: 1. In-Water Work Period. Where specified, all in-water work shall occur within the approved work window as outlined in the Programmatic Consultation—Phase I: Approved Work Windows. Allowable in-water work periods are subject to revision as new information on ESA listed or proposed fish use is obtained. 2. In-Stream Work Prohibited. Work shall be done from the top of the bank. Operation of heavy equipment directly in the active flowing channel is not covered by this consultation. 3. Restrictions on Heavy Equipment. Permittee shall use equipment having the least impact. Hand labor rather than heavy equipment will be used when possible and as required for individual actions under this informal programmatic consultation. Heavy equipment working in wetlands must be placed on mats, or other temporary structures to minimize soil disturbance and compaction. If gravel is used, the gravel must be placed on a mat and the gravel and mat removed in their entirety immediately after completion of construction. 4. No Disturbance to Woody Riparian Vegetation. Woody riparian vegetation shall not be disturbed or removed within 300 feet landward of the ordinary high water mark(OHW) of the stream, lake or the line of mean higher high water(MHHW) of the marine/estuarine area. 5. No Dumping. Material shall be carefully placed, not dumped, into the stream, lake or marine/estuarine area. 6. Discharges in Special Areas. Discharges into or adjacent to fish spawning area or areas with submerged vegetation are not authorized. 7. No Herbicides Use. No herbicides, pesticides, fertilizers, or other toxic substances are to be applied within 300 feet of a stream, lake or marine/estuarine area. III. Erosion Control and Water Quality Monitoring: Permittees must ensure they take all practicable steps to control erosion during construction, and establish permanent erosion protection upon completion of the work, or during extended work stoppages. 1. Erosion Control. Erosion and siltation controls (such as hydro seeding, filter bags, silt fences, grass and rock-lined swales, check dams, sediment traps, truck wheel wash, soil coverings (bonded fiber matrix), organic or fabric soil detention systems, leave strips,berms, temporary sediment basins, etc.)must be used and maintained in effective operating condition during construction to protect all exposed soil, stock piles and fills from erosion. Permittees are expected to implement the following erosion control measures as appropriate: 3 a. Stabilize exposed mound. All exposed ground surfaces are stabilized prior to the closure of the approved work window and/or within one week of project completion, whichever occurs first. Rock check dams will be used, although sterile straw bales may be used as an adjunct. b. Stockpiling to minimize erosion. Stockpiles shall be constructed in a manner that minimizes erosion, and is permanently stabilized at the earliest practicable date. Material will be stockpiled to reduce erosion by preventing runoff from the top of the stockpile from flowing down the stockpile face. Stockpiles shall be sloped away from the side facing the waterbody or wetland at all times (i.e. placing fill in tiers). Stockpiles shall be stabilized by hydroseeding(for long-term stockpiles) or covered with visqueen or other appropriate material for short-term erosion control of the stockpile. c. No stockpiling in a wetland or the waterbody. No stockpiling shall occur in a wetland, riparian zone, or waterward of the OHW in any stream or lake, or MHHW in any marine/estuarine area. d. Excess material stockpiled in uplands. All excess dredged or excavated material shall be placed in an upland location. e. Temporary erosion control. Permittee shall install and maintain temporary erosion control and ensure that erosion control measures are inspected on a regular basis during the life of the construction. f. Use non-persistent and non-invasive plants. If plants are utilized for temporary erosion control, species selected shall be non-persistent and non-invasive. Sterile straw or hay bales shall be used to prevent introduction of weeds. Native vegetation will be planted on disturbed sites (including project site, disposal and staging areas, and access roads)when necessary to reduce soil erosion, establish cover,prevent invasive plant colonization, and provide shade. g. Stabilize and restore temporary upland access areas. Any temporary access areas will be built to avoid impacts to fish, wildlife, wetlands, or other sensitive resources. Construction of access roads and associated staging areas shall be protected with appropriate matting, i.e. sheet piling or geo-textile fabric placed under a gravel blanket or other suitable material. Any temporary roads or staging areas and associated matting constructed for the project will be removed and the area restored to pre-existing or enhanced conditions upon project completion. h. Use existing access areas. Where specified, existing upland access areas will be used to access the beach or stream areas. i. Sedimentation ponds. Sedimentation ponds, sump ponds, swales,pumps, and any supplemental treatment facilities (may include chemical batch treatment cells, high- volume mechanical filtering devices,with or without chemical treatment, flow-through clarifiers, with or without chemical treatment, flow-through ponds, with chemical treatment)necessary for a particular project must be constructed and operational prior to 4 fill placement. The facilities will be designed to accommodate the runoff flow that can be expected depending on the time of the year project construction will take place. j. Wet season construction. If construction occurs during 1 November through 30 April of any year, only fill material containing less than 5 percent of very fine particles (such as silts, clays or the like)will be placed in the project area to reduce the amount of sedimentation generated in the construction stormwater runoff. k. Stormwater treatment. Stormwater collected in temporary sedimentation basins must be treated before release into any waterbody or wetland and monitored for pH, turbidity, and settleable solids, as well as bioassays to assess treated water toxicity. 1. Pumping of stormwater. Pumping of stormwater runoff to sedimentation ponds will be used when such a procedure can minimize impacts and/or allow flexibility in locating sedimentation ponds. m. Construction runoff. During construction, runoff from undisturbed areas will be routed around disturbed areas. This will reduce runoff quantities from exposed surfaces to further assure water quality standards are met. Diversion will be accomplished using diversion swales and/or temporary piping around construction areas. Pipe outlets, level spreaders, swales, or other devices may be used to reduce erosion at the discharges of these diverted clean water flows. n. Stormwater management maintenance. The stormwater management facilities will be regularly maintained throughout the life of the project. Maintenance may include soil and turf repair as necessary, removal of sediment accumulation from the swales and ponds, and restoration of silt fencing, pipe outlets, and outfalls. 2. Water Quality Limited Streams. Before beginning work on Water Quality Limited streams with limits on toxic substances, metals or organic chemicals, the permittee shall coordinate with the Washington State Department of Ecology(Ecology)to develop a sediment-testing plan. The plan shall include the proper testing protocol and reporting requirements. The results shall be submitted to Ecology, and permittee must receive Ecology approval before beginning work. The Washington State Water Quality Standards (WAC 173-201A) requires that runoff from construction projects not increase receiving stream turbidity by more than 5 NTU (Nephelometric Turbidity Units). IV. Spill Prevention and Control: Petroleum products, chemicals, fresh cement, construction, or deleterious materials shall not be allowed to enter waters (streams, lakes, or marine/estuarine areas) or wetlands. Permittees shall take the following precautions: 1. No fuel storage in or adjacent to waterbody. Areas for fuel storage, and refueling and servicing of construction equipment and vehicles, shall be located a minimum of 300 feet landward from the edge of any water body or wetlands. 2. No uncured concrete. No uncured concrete shall be placed in any water body. Where specified in this informal programmatic consultation, concrete must be cured before it comes into contact with the waterbody. 5 3. Use Biodegradable' Hydraulic Fluids. Hydraulic fluids for machinery used for in-water work should be biodegradable in case of accidental loss of fluid. 4. Use Clean Equipment and no "washout" of equipment in or adjacent to a waterbody. All equipment that is used for in-water work shall be cleaned to remove external oil, grease, dirt and mud prior to placing the equipment in the water. Wash sites shall be placed so that wash water does not flow into the water body or a wetland without adequate treatment, no sediment will enter the waterbody or wetland, and it is located at a minimum of 300 feet landward from the edge of any waterbody or wetland. 5. Report Accidental Spills to Ecology. In the event of a spill,permittee shall stop work immediately and notify the Washington State Department of Ecology(Ecology). For Northwest Washington, contact Ecology's Northwest Regional Spill Response Office at (425) 649-7000. For Southwest Washington, contact Ecology's Southwest Regional Spill Response Office at (360) 407-6300. For Central Washington, contact Ecology's Central Regional Spill Response Office at (509) 575-2490. For Eastern Washington, contact Ecology's Eastern Regional Spill Response Office at (509) 456-2926. In addition, for Endangered Species Act purposes, accidental spills must also be reported immediately (within one business day) to the Corps at (206) 764-3495,NMFS at(360) 753-9530, and USFWS at (360) 753-9467. V. Minimization and Revegetation Guidelines: 1. Minimization. All projects and associated construction activities must be designed so that impacts to waters of the U.S., wetlands, and habitat for listed or proposed fish species are avoided and minimized to the full extent practicable. 2. Natural Beach/Stream Complexity Features. Boulder, rock, and woody debris material must not be removed from any stream or shoreline area. 3. Revegetation Guidelines. Upon completion of work covered in this informal programmatic consultation, all disturbed herbaceous areas of the site shall be replanted with native herbaceous and/or woody vegetation. Herbaceous plantings shall occur within 48 hours of the completion of construction. Woody vegetation components shall be planted in the Fall or early Winter, whichever occurs first. The applicant shall take appropriate measures to ensure revegetation success. a. Planting Plan. A planting plan must be submitted to the Corps for approval, including species names of all plants proposed and method of planting(i.e. hydroseeding, density of cuttings, etc.). According to established ASTM(American Society of Testing Material)procedures the following is the definition of biodegradability: A minimum of 40%of the original sample has been decomposed to inert ingredients within twenty-eight(28)days. 6 . b. As-built Drawings. "As-built"drawings and photographs of the planted areas or a status report must be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch (the Corps) and USFWS within 13 months of the date of permit issuance. c. Submittal of Monitoring Reports. Two monitoring reports with photographs must be submitted to the Corps and USFWS: the first monitoring report one year after the Corps written approval of the "as-built" drawings and a final monitoring report three years after the Corps written approval of the"as-built"drawings. Monitoring reports must include information on the percent of plants replaced, by species. Monitoring reports should state what caused plant failure. d. Performance Standard - Year 1. At the end of"Year 1" (Year 0 being the year of "as-builts"), planted species must have a survival rate of 100%, and be considered viable and healthy. Replanting shall be done as necessary to meet the 100% performance standard. e. Final Performance Standard—Year 3. At the end of"Year 3",planted species must have a survival rate of 80% and be considered viable and healthy. Eighty percent (80%) of the herbaceous revegetated area must be covered with native planted species or native recruit species. f. Contingency Plan. If the percent survival and cover of planted species (herbaceous and woody as outlined in the planting plan) does not achieve success (guidelines d and e),then remedial measures (e.g. replanting, soil amendments, or additional monitoring)may be required until the Corps and USFWS have determined that success has been achieved. g. Non-native, invasive plant control. The presence of non-native, invasive plant species shall not exceed 10%coverage of the revegetated area during the three-year monitoring period. A list of non-native, invasive wetland plant species for Western Washington is provided in Table 1. h. Preservation. During and after the three-year monitoring period, any planted woody vegetation within the revegetated areas shall not be removed, cut, or otherwise disturbed unless specifically approved, in writing, by the Corps. Herbaceous plants may be cut or mowed but not removed. 7 Table 1: Common Non-native Plants Often Found in Western Washington (Source: Methods for Assessing Wetland Functions,Part 2: Procedures for Collecting Data,Washington State Department of Ecology(99-116), 1999.) Washington's Wetlands SPECIES NAME COMMON NAME Agropyron repens Quackgrass Alopecurus pratensis,A. aequalis Meadow foxtail Arcticum minus Burdock Bromus tectorum, B. rigidus, B. brizaeformis, B. secalinus, B.japonicus, Bromes B. mollis, B. commutatus, B. inermis, B. erectus Cenchruslongispinus Sanbur Centaurea solstitialis, C repens C cyanus, C maculosa, C diffusa Knapweeds Cirsium vulgare, C. arvense Thistles Cynosurus cristasus, C echinatus Dogtail Cytisus scoparius Scot's broom Dactylis glomerata Orchardgrass Dipsacus sylvestris Teasel Digitaria sanguinalis Crabgrass Echinochloa crusgalli Barnyard grass Euphorbia peplus, E. esula Spurge Festuca arundinacea, F.pratensis, F. rubra Fescue Holcus lanatus, H. mollis Velvet grass Hordeum jabatum Foxtail barley Hypericum perforatum St. John's Wort Iris pseudacorus Yellow iris Ilex aquifolium English holly Lolium perenne, L. multiflorum, L. temulentum Ryegrass Lotus corniculatus Birdsfoot trefoil Lythrum salicaria. Purple loosestrife Matricaria matricarioides Pineapple weed Medicago sativa Alfalfa Melilotus alba, M. off inalis Sweet clover Phalaris arundinacae Reed canarygrass Phleum pratense Timothy Phragmites australis Common reed Poa compressa P.palustris, P.pratensis Bluegrass Polygonium aviculare, P. convolutus, P. cuspidatum, P. lapathifolium, Knotweeds P.persicaria, P. sachalineuse Ranunculus repens Creeping buttercup Rubus procerus (discolor), R. lacinatus, R. vestitus, R. macrophyllus, Non-native blackberries R. leucodermis Salsola kali Russian thistle Setaria viridis Green bristlegrass Sisymbrium altissimum, S. loeselii, S. officinale Tumblemustards Tanacetum vulgare Tansy Trifolium dubium, T.pratense, T. repens, T. arvense, T. subterraneum, Clovers T. hybridium Misc. cultivated species Wheat, corn,barley,rye,etc. 8 apnea oFE Army Corps CERTIFICATE OF COMPLIANCE US of Engineers o WITH DEPARTMENT OF THE ARMY PERMIT Seattle District Permit Number: NWS-2007-288-NO Name of Permittee: Renton City of Date of Issuance: T-o rt 27, 2 0© 7 Upon completion of the activity authorized by this permit,please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in u accordance with the terms and conditions of this permit. The mitigation required (not including monitoring)by the above-referenced ❑ permit has been completed in accordance with the terms and conditions of this permit. j2oi,d /N i, 8 Signature of PenAttee (Pan>e l C4rty `-'f)L� D /ZeYJ 4-7 e St4r.4,( �izs- �I3o- 72y3 GpPPS OP y NQ US Army Corps CERTIFICATE OF COMPLIANCE of Engineers c WITH DEPARTMENT OF THE ARMY PERMIT ,�� Seattle District Permit Number: NWS-2007-288-NO Name of Permittee: Renton, City of Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. The mitigation required (not including monitoring)by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Signature of Permittee `{ Y o� CITE' OF RENTON ♦ '} ♦ Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator May 15, 2007 Regulatory Branch, CENWS-OD-RG -Seattle District Corps of Engineers Post Office Box 3755 Seattle, WA 98124-2255 Subject: JARPA for Nationwide Permit 27, Stream and Wetland Restoration City of Renton—Maplewood Creek Gravel Replacement Project Dear Sir/Madam: The City of Renton is applying for the Army Corps permit needed to add up to 25 cubic yards of clean gravel to the new channel constructed across the Maplewood Golf Course, as required by the May 15, 2007 Hydraulic Permit(HPA)issued by the Washington State Department of Fish and Wildlife (WDFW). The gravel is needed to replace previously placed gravel that was been washed downstream or been covered with sediment. WDFW originally included the gravel requirement in their April 30, 2003 HPA. The City applied for Army Corps permits in May 2004 and was issued Nationwide Permit 27, Stream and Wetland Restoration, for the gravel placement on August 27, 2004(Reference: 200400635). The gravel was successfully placed in 2004. The proposed gravel placement will be in the same general locations and will use the same methods as in 2004. The City is using some of the same information for this application as in the 2004 application. Enclosed are the following forms and information for the proposed project: Joint Aquatics Resource Permit Application for gravel replacement(2007 JARPA) Project Drawings (81/2 x 11) (same as 2004 application) 5/15/07 HPA, Provision 11 requires gravel placement Army Corps NWP 27 approval letter and figures (Aug. 27, 2004) Specific Project Information Form(2004 application) Project Background and Purpose Narrative (2004 application) 6/28/02 Corps review letter stating that no permit is needed to clean sediment basin The City plans to place the gravel in conjunction with cleaning the sediment basin. The work may occur between July 9 and Sept. 15, 2007. Please review the information and let me know when you anticipate issuing the applicable permit. We would like to have the necessary permit issued by July 9, 3007 to meet our expected construction schedule. 1055 South Grady Way-Renton,Washington 98055 RE lr 1 0 N. ®This a AHEAD OF THE CURVE p per contains Seattle COE May 15,2007 Page 2 of 2 Is it possible to get a permanent Corps permit, or a 5-year permit coinciding with the WDFW HPA, for this type of maintenance work, since the WDFW may require the City to replace and refresh the gravel in the constructed channel every time the sediment basin is cleaned? If you have any questions or need additional information, please call me at 425-430-7293. Sincerely, Daniel Carey, P.E., Project Manager Surface Water Utility Enclosures HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 Maplewood Sed Basin\05- 2007 Pond Cleaning\1410-ArmyCorps Appl-Permit\070515a Cover-Letter-FINAL.doc\DCtp AGENCY USE ONLY JARPA FORM LAST UPDATED:March 19,2007 Agency Reference#: Date Received: Circulated by: (local govt.or agency) Project Tracking Number: Washington State JOINT AQUATIC RESOURCES PERMIT APPLICATION (JARPA) Form �`'T""°A � Joi C. �°a Step 1: Get Ready Step 2: Complete Form Step'3:Check Work Step 4: Copy and Send In' Go to www.epermitting.org Use black ink. Use intemet"Help" Use final review See JARPA Contacts at for correct form and Check correct buttons to answer checklist at www.epermitting.org for instructions. permit boxes. questions completely. www.epermitting.org. correct mailing addresses. ❑ Fish Habitat Enhancement Projects per RCW 77.55.181. You must submit copy of completed JARPA form and Fish Habitat Enhancement JARPA Addition to your Local Government Planning Dep't and WA Dep't of Fish and Wildlife (WDFW)Area Habitat Biologist on same da . Note for Local Governments: You must submit comments to WDFW within 15 working days. Based on instructions at www.epermitting.oM, I am sending copies of this application to the following: (check all that apply) ❑Local Government for Shoreline: nSubstantial Development ❑Conditional Use ariance ❑Exemption ❑Revision nFloodplain Management ❑Critical Areas Ordinance X❑Washington Department of Fish and Wildlife for Hydraulic Project Approval (Submit 2 copies to WDFW Region) ❑Washington Department of Ecology for 401 Water Quality Certification (to Regional Office-Federal Permit Unit) ❑Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification X❑Corps of Engineers for. X Section 404 permit nSection 10 permit []Coast Guard for: ❑General Bridge Act Permit ❑Private Aids to Navigation(for non-bridge projects) ❑For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE: Maplewood Creek 2007 Maintenance Project PROJECT DESCRIPTION: Refresh existing spawning gravel in the creek as required by WDFW SECTION A-Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. IM 1.APPLICANT City of Renton Surface Water Utility, Daniel Carey MAILING ADDRESS 1055 S. Grady Way 5th Floor, Renton,Washington 98057 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# 425-430-7293 dcarey@ci.renton.wa.us I NA 1 425-430-7241 If an agent is acting for the applicant during the permit process, complete#2. Be sure agent signs Section C(Signature Block)for all permit applications 2.AUTHORIZED AGENT MAILING ADDRESS WORK PHONE E-MAIL ADDRESS HOME PHONE FAX# d; 3. Relationship of applicant to property: [K] OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name, address and phone number of property owner(s) if other than applicant: NA 5. Location (street address, including city, county and zip code,where proposed activity exists or will occur) Maplewood Golf Course,4050 Maple Valley Highway, Renton, King Co., WA, 98058 Local government with jurisdiction (city or county) City of Renton Waterbody you are working in Maplewood Creek M Tributary of WRIA# Is this waterbody on the 303(d) List ❑ YES ❑x NO Cedar River 08-0302 If YES,what parameter(s)? Shoreline designation NA EM Zoning designation RC,Resource Conservation. Y,Section Section Township Range Government Lot SW 1/4 15 23N 5E NA DNR stream type if known Maplewood Creek is a DNR Type 2. NW 1/4 22 Cedar River is DNR Type 1. NE 1/4 21 Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 1 47°28'29"N, 122°09'48"W Tax Parcel Number Golf Course Tax Parcels Latitude and Longitude: 152305-9088,222305-9090 m 6. Describe(a)the current use of the property, (b)structures existing on the property, and(c)existing environmental conditions. Have you completed any portion of the proposed activity on this property? ❑ YES �x NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. The property is currently used as a municipal golf course. There are several small parcels of private single-family residences next to the creek. One single-family residence has a Surface Water Right to Maplewood Creek. A municipal well field and treatment building, driving range,clubhouse and restaurant have been built on the golf course. Maplewood Creek flows from the northeast and receives runoff from about 1000 acres of upstream forest, residential,and commercial areas. On the golf course property Maplewood Creek flows into the Sedimentation Basin and discharges through a fish ladder. The stream flows back into the creek channel for 280 feet until reaching the flow splitter. The flow splitter directs all low flow into the main channel which flows to the southwest across the golf course. From the golf course the main channel flows into a WSDOT culvert under SR-169, and into a WSDOT fish ladder which discharges to the Cedar River. The high flow channel is used for flood event and flows directly to the south to a second WSDOT culvert under SR-169. The high flow channel is dry for the majority of the year, and is only used when runoff exceeds the capacity of the flow splitter. The Sediment Basin was permitted by the WDFW and Army Corps of Engineers,and was built in 1997. The main channel across the golf course was permitted by WDFW and the Army Corps of Engineers,and was constructed to improve fish passage and provide habitat on the golf course. The fish ladder,flow splitter and main channel were built in 1998-1999. Is the property agricultural land? "'p p y g ❑ YES � NO ®Are you a USDA program participant. ❑ YES Ox NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. This JARPA is similar to the one the City submitted on May 27, 2004 to place up to 25 cubic yards of spawning gravel as required by the Washington State Dept.of Fish and Wildlife(WDFW) in their April 30,2003 HPA(#ST-F4720-03). On August 27, 2004 the Army Corps of Engineers authorized that work under nationwide permit NWP 27, Reference#200400635. Conditions at the site have not changed so the City is submitting the same type of drawings and information for this JARPA that it used previously. The April 2003 HPA issued by WDFW required that the City place up to 25 cubic yards of new spawning gravel in the constructed creek channel (main channel)downstream of the sediment basin and flow splitter. In May 2007 the WDFW area habitat biologist inspected the channel and stated that new gravel needed to be placed to replace gravel that had washed downstream during the winter storms,and to refresh the existing gravel. WDFW has issued a new HPA for the site that includes the requirement to place new gravel (5/15/07). The approximate locations and specifications for gravel placement are shown on the attached drawings. The section between the sediment basin and flow splitter uses gravel with a maximum 6-inch size(approved by WDFW)to help provide a more stable bottom during higher flows. The section downstream of the flow splitter structure uses gravel with a 4-inch maximum size since it does not receive the full flow from the creek during flood events. Between the sediment basin and flow splitter structure gravel may be placed at the side of the creek with a backhoe,and then will be spread by hand shovel over the bottom of the creek. In the section downstream of the splitter structure gravel will be brought to the top of the bank in a small vehicle or wheel barrow. The gravel will then be placed by hand in the creek areas below the log drops. As noted in the May 27,2004 JARPA,the City will also be removing accumulated sediments from the sediment basin and flow splitter structure. WDFW will be issuing a HPA for removing the sediment. A June 28,2002 letter from the Army Corps stated that a Corps permit was not needed to remove sediment since fill material was not being placed,the method was clean excavation with a backhoe(Corps Reference#2002-4-00606 letter attached). PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON B-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.org 2 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. Over time the gravel bedding placed in the creek channel between the sediment basin and flow splitter structure,and at the log drops, has eroded and traveled downstream during heavier flood flows. The heavy rains and flood in November 2006 likely caused more erosion than normally occurs. The WDFW will require gravel placement in those areas to help restore the creek bed gravel to the condition and level when the creek was constructed and the gravel was originally placed in 1999. m 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality,water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. Some temporary increase in water turbidity may occur while placing new gravel in the creek. All gravel placed in the creek will be clean washed gravel meeting the gradation required by WDFW. To help reduce any potential impacts the gravel will be spread across the bottom of the creek by hand to minimize any disturbance and any sediment that may be stirred up by its placement. Any sediment raised is expected to dissipate quickly over the remaining portions of the creek before reaching the Cedar River. m 7d. For in-water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity(WAC 173.201A-410)? Ox YES ❑ NO 8. Will the project be constructed in stages? ❑ YES x0 NO Proposed starting date: Estimated duration of activity: 9. Check if any temporary or permanent structures will be placed: ❑ Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑ Waterward of the mean higher high water for tidal waters? m 10. Will fill material(rock,fill, bulkhead, or other material)be placed: Yes 0 Waterward of the ordinary high water mark or line for fresh waters? If YES, VOLUME(cubic yards) less then 25 CY of gravel /AREA (acres) ❑ Waterward of the mean higher high water for tidal waters? If YES, VOLUME (cubic yards) /AREA (acres) 11. Will material be placed in wetlands? ❑ YES 0 NO If YES: A. Impacted area in acres: B. Has a delineation been completed? If YES, please submit with application. ❑ YES ❑ NO C. Has a wetland report been prepared? If YES, please submit with application ❑ YES ❑ NO D. Type and composition of fill material (e.g.,sand, etc.) E. Material source: F. List all soil series (type of soil) located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). m G.WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ❑ NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than 1/10 of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification may be required from Ecology in addition to an approved mitigation plan if your project wetland impacts are greater than 1/10 acre in size. Please submit the JARPA form and mitigation plan to Ecology for 401 certification review. 12. Stormwater Compliance: This project is(or will be)designed to meet ecology's most current stormwater manual, or an Ecology approved local stormwater manual. E] YES ❑ NO If YES—Which manual will your project be designed to meet? The Project was designed to meet the applicable sections of the King County Surface Water Manual. It meets the applicable standards in the Ecology Stormwater Manual for Western Washington. If NO—For Clean Water Act Section 401 and 404 permits only—Please submit to Ecology for approval, along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201 A) Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.orq 3 �. 13. Will excavation or dredging be required in water or wetlands? ❑ YES 0 NO If YES: A. Volume: (cubic yards) /area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA) been completed Fx YES ❑ NO SEPA Lead Agency: City of Renton Development Services Division SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption DNS Decision Date (end of comment period) 3/19/96 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications, approvals or certifications from other federal, state or local agencies for any structures,construction discharges or other activities described in the application(i.e. preliminary plat approval, health district approval,building permit, SEPA review,federal energy regulatory commission license(FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. SEPA DNS, for basin and creek construction City of Renton LUA-96-009 March 19, 1996 Yes Nationwide Permit 26,basin construction,cleaning US Army Corps Engineers 96-4-00169 May23, 1996 Yes Hydraulic Project Approval, for basin construction WDFW 00-C3239-01 June 26, 1996 Yes Nationwide Permit 27 US Army Corps Engineers 98-4-00406 March 30, 1998 Yes Hydraulic Project Approval,for last cleaning WDFW ST-F4720-03 April 30,2003 Yes Nationwide Permit 27, restore spawning gravel US Army Corps Engineers 200400635 Aug.27,2004 Yes Hydraulic Project Approval,for cleaning WDFW 109034-1 May 15,2007 No 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES x❑ NO If YES, explain: SECTION B - Use for Shoreline and Corps of Engineers permits only; IM 17a. Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals,etc. Gravel Placement Estimated at$1,500 to$2,500. 17b. If a project or any portion of a project receives funding from a federal agency, that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. FEDERAL FUNDING ❑ YES NO If YES, please list the federal agency. 18. Local government with jurisdiction: 7ity of Renton 19. Provide names, addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER Casey McCarty 4012 Maple Valley Highway, Renton,WA 98058 425-228-3487 Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.org 4 SECTION C- This section MUST be completed for any permit covered by this application " 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief, such information is true,complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed, in-progress or completed work. I agree to start work ONLY after all necessary permits have been received. DATE SIGNATURE OF APPLICANT: Daniel Carey, Projp6t Manager, City of Renton Surface Water Utility -1-3 r DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that: Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme,or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine,stream, lake, lagoon, marsh, bog, swamp,flood plain,floodway, delta; type of beach, such as accretion, erosion, high bank, low bank,or dike; material such as sand,gravel, mud,clay, rock, riprap; and extent and type of bulkheading, if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions Office of Regulatory Assistance,JARPA JARPA FORM LAST UPDATED:March 19,2007 For help call 800-917-0043 or visit www.epermitting.org 5 VICINITY MAP ° o s ®®® PRO C ITE Maplewood Creek ® Cedar Ma le o Golf Co e PROJECT SITE LATITUDE: 47°28'29" t mmmml�� LONGITUDE: 122°09'48" 0 800 1600 NORTH SCALE 1" = 1600 FT MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 1 of 6 PLAN VIEW - 1 :-XI TI G SE IM N BA IN i i .74.3 96.5 Gj 103.5 MAPLEWOOD EEK 101.2 i N VI W 2 G = G VEL PLACEMENT so. LOCATI NS (APPX) G Mc A :IRDPE 1 73.6 77.3 83.0 9 . G >, • 74.4 74.7 G G EXISTI FLOW 71.s \ 74.2 SPLITTE TRU MAPLEWOOD CREEK G PLAN 84.0 VIEW-3 •s2s 74.3 77.7 71.5 G HIGH FLOW CHANNEL ( eo.s .2 O . �� . 80.1 776 79.9 150' 7 4 CITY70F RENT N - WOOQ GOL OURSE-9 PROJECT SITE LATITUDE: 47° 28'29" LONGITUDE: 122°09'48" 0 75 150 NEIGHBORING PROPERTY OWNER: t CASEY McCARTY NORTH SCALE 1" = 150 FT 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 2 of 6 PLAN VIEW - 2 01 OQ O EX. BOULDER CLUSTERS �O O (TYPICAL) Qv w ORDINARY HIGH WATER LINE (TYPICAL) OO 2 mQ O O ti A 0 GRAVEL REPLACEMENT AREA \ (TYPICAL) PLACE APPROX. 1 TO 2 CY OF \ CLEAN GRAVEL A \ SEE SECTION VIEW 0.. . .0 1 r i EX. ROOT I OG I EX. ASPHALT ROAD AND PARKING LOT 0 5 10 NORTH SCALE 1" = 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 3 of 6 SECTION VIEW A-A EX. TREES AND EX. SHRUBS AND CUTTINGS SHRUBS PLANTED BY CITY WATER DEPTH VARIES EX. WEST BANK I I Ell 2"TO 6" (TYPICAL) EX. EAST BANK REBUILT FOR OHWL CHANNEL CONSTR. 7-___ ORIGINAL GRAVEL LAYER 12" THICK GRAVEL REPLACEMENT WIDTH VARIES ERODED GRAVEL LEVEL 6"TO 12" THICK (APPROX.) 5'TO 8' TYPICAL (APPROX.) 1 TO 2 CY OF CLEAN GRAVEL GRAVEL REPLACEMENT SPEC. IN HIGH FLOW AREA FROM SEDIMENT BASIN TO FLOW SPLITTER* SIZE Percent Finer by Weight 6" 60 - 100% 3" 30 - 60% TYPICAL SECTION A-A 1" 0 -30% NEAR PLAN VIEW 2 1/4" 0% FROM SEDIMENT BASIN TO FLOW SPLITTER 0 5 (LOOKING UPSTREAM) SCALE 1" -5 FT *NOTE - Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 4 of 6 PLAN VIEW - 3 0OQ 0 EX. BOULDER CLUSTERS (TYPICAL) O EX. LOG DROP (TYPICAL) GRAVEL REPLACEMENT AREA (TYPICAL) PLACE APPROX. 1 CY OF �O CLEAN GRAVEL SEE SECTION VIEW / g O 0 B 0- ORDINARY HIGH WATER LINE / �Op (TYPICAL) { EX. GRASS ROUGH EX. GRASS ROUGH \� 0 5 10 NORTH SCALE 1" = 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway- Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared- May 2007 Renton, King County, Washington, 98058 Sheet 5 of 6 PROFILE VIEW B-B EX. LOG DROPS WITH FLOW NOTCH WIDTH VARIES WATER DEPTH VARIES 3' TO 6'TYPICAL 4"TO 6" (TYPICAL) FLOW OHWL o i ORIGINAL GRAVEL LAYER 12" THICK EX. LARGE RIP-RAP �I 5' LONG ERODED GRAVEL LEVEL (APPROX.) GRAVEL REPLACEMENT 6"TO 12"THICK (APPROX) 1 CY OF CLEAN GRAVEL APPROX.) GRAVEL REPLACEMENT SPEC. IN LOW FLOW AREA BELOW FLOW SPUTTER' SIZE Percent Finer by Weight 4" 75- 100% 2" 30-75% TYPICAL SECTION B-B 1" 0 -30% NEAR PLAN VIEW 3, BELOW FLOW SPUTTER 1/4" 0% 0 5 SCALE 1" = 5 FT *NOTE - Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2007 Renton, King County, Washington, 98058 Sheet 6 of 6 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14, 2012 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Renton City of Surface Water Utility ATTENTION: Daniel Carey 1055 S. Grady Way 5th Floor Renton,WA 98057 425-430-7293 Project Name: Sediment Basin Cleaning and Maintenance Project Project Description: Remove accumulated sediment from the sediment basin and flow splitter; clear brush and debris from the high flow bypass channel; and place gravel in the fish channel at the Maplewood Golf Course located at 4050 Renton - Maple Valley Highway PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by May 14, 2012, provided that work below the ordinary high water line (OHWL) shall occur only between June 15 and September 15, unless otherwise approved by the Washington Department of Fish and Wildlife (WDFW) Area Habitat Biologist (AHB). 2. Work shall be accomplished per plans and specifications entitled, "OPERATIONS AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL", dated September 1999, and "MAPLEWOOD CREEK SEDIMENT BASIN 2007 CLEANING AND MAINTENANCE PROJECT', dated May 8, 2007, submitted to WDFW, except as modified by this Hydraulic Project Approval (HPA). These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. The sediment basin and fish channel shall be maintained by the City of Renton per RCW 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the City of Renton shall be responsible for providing prompt repair under this HPA. Financial responsibility for maintenance and repairs shall be that of the City of Renton. NOTE: There are large angular rocks which were installed by the City between the sediment pond and flow splitter which continue to be a hindrance to fish migration. This portion of the stream needs to be continually monitored and adjustments made to ensure compliance with RCW 77.57.030. 4. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A 6. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 8. Prior to releasing the water flow to the project area, all dredging shall be completed. 9. Releasing of water back in to the pond shall be done slowly, so that approximately 3/4 of the water flows through the bypass until the pond is full, to prevent dewatering of the stream and loss of fish life. 10. Upon completion of maintenance activities, all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. 11. Due to interception of spawning gravels in the sediment basin, spawning gravels shall be supplemented in the fish channel downstream of the sediment basin, as determined to be necessary by the WDFW AHB at the time of each sediment basin maintenance dredging. Twenty five cubic yards of spawning size gravels shall be added to the channel downstream of the sediment pond in 2007, and in subsequent years at the discretion of the AHB. Fifteen to twenty cubic yards of this material shall be added downstream of the flow splitter in the pool tailouts downstream of the log weirs. 12. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. 13. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 14. Dredged streambed materials shall be disposed of upland so they will not re-enter state waters. 15. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the stream. 16. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. Page 2 of 5 4 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the AHB. 18. Erosion control methods shall be used to prevent silt-laden water from flowing downstream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 19. Prior to starting work, the selected erosion control measures (Provision 18) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control measures after completion of work. 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 21. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 22. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into downstream state waters. 23. NOTIFICATION REQUIREMENT: The AHB shall receive written notification (e-mail to fisheldf@dfw.wa.gov) from the person to whom this HPA is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. PROJECT LOCATIONS Location #1 Maplewood Golf Course WORK START: May 15, 2007 IWORK END: May 14, 2012 WRIA: Waterbody: Tributary to: 08.0302 ]Maplewood Creek (rb) Cedar River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 15 23 N 105 E N 47.474238 W 122.16372 King Location#1 Driving Directions Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local,state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval;or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Page 4 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 15, 2007 Control Number: 109034-1 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A Project Approval; (B)An order imposing civil penalties; or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia,Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey, Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey, Washington 98504;telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P2 Habitat Biologist ,✓ for Director Larry Fisher 425-649-7042 d WDFW CC: Page 5 of 5 + -3 � ��`�� DEPARTMENT OF THE ARMY $1 SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF AUG 2 7 2004 1 14 Regulatory Branch 2004 CITY,OF $NTON TMS City of Renton Surface Water Utility Department Mr. Daniel Carey 1055 South Grady Way Renton, Washington 98055 Reference: 200400635 Renton, City of Ladies and Gentlemen: Our regulatory program utilizes a series of nationwide permits (NWPs) to authorize specific categories of work that have minimal impact on the aquatic environment when conducted in accordance with the permit conditions (Federal Register, January 15, 2002, Vol. 67, No. 10). Based on the information you provided to us, NWP 27, Stream and Wetland Restoration Activities, authorizes your proposal to place fill in waters of the United States to facilitate in- stream restoration, as depicted on the enclosed drawings dated May 2004. The project would occur in Maplewood Creek at Renton, in King County, Washington. In order for this NWP authorization to be valid, you must ensure that the work is perfomled in accordance with the enclosed Nationwide Permit 27, Terms and Conditions and the following special conditions that we have added to ensure that this project would have no more than a minimal adverse impact on the aquatic environment: a. You must implement the ESA requirements and/or agreements set forth in the reference biological evaluation titled, "Reference Biological Evaluation Specific Project Information Form for Nearshore Fill," dated May 27, 2004, in their entirety. The U.S. Fish and Wildlife Service concurred with a finding of`may affect, not likely to adversely affect"base on this document on August 25, 2004 (USFWS Reference# 1-3-04-I-1524). The National Marine Fisheries Service concurred with a finding of"may affect, not likely to adversely affect"based on this document on August 2, 2004 (No NMFS reference number assigned). Both agencies will be informed of this permit issuance and will enforce any known violations of the commitments made in this document pursuant to the ESA. b. In order to protect Puget Sound Chinook and coastal-Puget Sound bull trout the permittee may conduct the authorized activities from July 161h through October 151h in any year this permit is valid. The permittee shall not conduct work authorized by this permit from October 161h through July 151h in any year this permit is valid. -2- You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Please note that we may need to reinitiate Endangered Species Act Section 7 consultation with the National Marine Fisheries Service and/or U.S. Fish and Wildlife Service in order to authorize any work not already included in the enclosed plans. In order for this NWP` authorization to be valid, the State of Washington (State) must have issued or waived Section 401 Water Quality Certification(WQC) and, for Washington's 15 coastal counties, concurred with or waived a Coastal Zone Management (CZM) consistency determination. Based on our review of the proposed work, the Corps has determined that the proposed work will be in compliance with the State's WQC and CZM consistency determination concurrence requirements for this NWP. Therefore, no further coordination with the State is required. We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA). After consulting with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service, we have determined that this project meets the requirements of NWP National General Condition I I provided you comply with special conditions "a" and "b"listed above. We have also reviewed your project pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 in regards to Essential Fish Habitat (EFH). We have determined that the proposed action will not adversely affect EFH for federally managed fisheries in Washington. Our verification of this NWP authorization is valid for 2 years from the date of this letter unless the NWP is modified or revoked prior to that date. If the authorized work has not been completed by that date,please contact us to discuss the status of your authorization. This verification includes a preliminary jurisdictional determination that is not appealable. More information about our administrative appeal process is available on our website at: http://NN ww.nws.usace.anny.miUPublicMenu/Menu.cfm?sitenaine=REG&pagename=Appeals If this project complies with all terms and conditions of this authorization, you will need no further authorization from us. However, you must still obtain all State and local permits that apply to your project. Also, we remind you that failure to comply with all terms and conditions of this NWP verification invalidates your authorization and could result in a violation of Section 404 of the Clean Water Act. Upon completing the authorized work, please fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance that the completed work and any required mitigation was conducted in accordance with the terms and conditions of this NWP. -3- Thank you for your cooperation during the permit process. Your efforts help us protect our nation's aquatic resources, including wetlands. We are interested in your thoughts and opinions concerning your experience with the U.S. Army Corps of Engineers, Seattle District's Regulatory Program. A Customer Service Survey form is available on our website at: http://per2.iiNvp.usace.army.mil/survey.html. At your request, we will mail you a paper copy that you may complete and return to us by mail or fax. If you have any questions about this letter or our regulatory program, please contact me at (206) 764-6910 or via email at Jonathan.SmithLnws02.usace.an-ny ini1. Sincerely, 0 1 k Jonathan Smith, Project Manager �OT Application Review Section Enclosures VICINI I Y M/- H 0 PRO,!!Cr ITE Maplewood Creek LN ® Cedar R Maple o Golf Co e i ® 1600 FT PROJECT SITE LATITUDE: 47°28'25" 0 800 1600 LONGITUDE: 122°09' 15" NORTH SCALE 1"= 1600 FT MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: ;�?0r)q 0&V3S Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 1 of 6 PLAN VIEW - 1 EXI TI G SE IM N BA IN RE O E �oZ i AC U ULA ED E IM NT 74.3 96.5 G 103.5 (L MAPLEWOOD EEK 101.2 1 N VI W 2 , G = G VEL PLACEMENT 90 LOCATI NS (APPX) G Mc A R E I 73.6 83.0 77.3 • 9 . G > 74.4 • 2 74.7 G ;AC U G S MENT— G EXISTI SLOW 71.9 SPLITTE TRU, '74.2 MAPLEWOOD CREEK G PLAN / 84.0 82.5 77.7 71.5 •74.3 G VIEW-3 : HIGH FLOW 80.6 BYPASS CH .` .2 / O ' 7L5 `� / ao.1 77.6 79s 150' CITY70F RENT? N - WOOR GOL OUR&e-9 PROJECT SITE LATITUDE: 47° 28'25" LONGITUDE: 122° 09' 15" 0 75 150 NEIGHBORING PROPERTY OWNER: NTH SCALE 1"= 150 FT CASEY McCARTY OR 4012 MAPLE VALLEY HWY CITY OF RENTON BASEMAP RENTON, WA 98058 DATUM: NAVD 1988, FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: N.) �,,3' Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 2 of 6 PLAN VIEW - 2 �O EX. BOULDER CLUSTERS 0 (TYPICAL) Qv w ORDINARY HIGH WATER LINE (TYPICAL) 00 z cloQ O O ti q 0 GRAVEL REPLACEMENT AREA (TYPICAL) PLACE APPROX. 1 TO 2 CY OF CLEAN GRAVEL (� A SEE SECTION VIEW O 1 '1 1 , i EX. ROOT L OG I EX.ASPHALT ROAD AND PARKING LOT 0 5 10 NORTH SCALE 1"= 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: '00 f Cv&3 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 3 of 6 SECTION VIEW A-A EX. TREES AND SHRUBS EX. SHRUBS AND CUTTINGS PLANTED BY CITY WATER DEPTH VARIES 2"TO 6- (TYPICAL) EX. EAST BANK EX. WEST BANK -_ REBUILT FOR — OHWL CHANNEL CONSTR. T- '7, ORIGINAL GRAVEL LAYER 12"THICK r GRAVEL REPLACEMENT WIDTH VARIES ERODED GRAVEL LEVEL 6"TO 12"THICK (APPROX.) 5' TO 8'TYPICAL (APPROX.) 1 TO 2 CY OF CLEAN GRAVEL GRAVEL REPLACEMENT SPEC. IN HIGH FLOW AREA FROM SEDIMENT BASIN TO FLOW SPLITTER* SIZE Percent Finer by Weight 6" 60 - 100% 3" 30-60% TYPICAL SECTION A-A 1" 0-30% NEAR PLAN VIEW 2 1/4" 0% 0 5 FROM SEDIMENT BASIN TO FLOW SPLITTER (LOOKING UPSTREAM) SCALE 1" = 5 FT *NOTE- Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #:,2c0 '-j 6'v`- >-> Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 5 of 6 PLAN VIEW - 3 000 0 EX. BOULDER CLUSTERS �� ---j (TYPICAL) O EX. LOG DROP (TYPICAL) GRAVEL REPLACEMENT AREA / (TYPICAL) PLACE APPROX. 1 CY OF CLEAN GRAVEL SEE SECTION VIEW B O � / B m Ok 0 ORDINARY HIGH WATER LINE / k4 (TYPICAL) EX. GRASS ROUGH EX. GRASS ROUGH O 0 5 10 NORTH SCALE 1"= 10 FT CITY OF RENTON BASEMAP DATUM: NAVD FEET MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference #: ,20 u 14 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 4 of 6 PROFILE VIEW B-B EX. LOG DROPS WITH FLOW NOTCH WIDTH VARIES WATER DEPTH VARIES 3'TO 6'TYPICAL 4"TO 6" (TYPICAL) FLOW OHWL 0 ORIGINAL GRAVEL LAYER 7 12"THICK EX. LARGE RIP-RAP 5' LONG ERODED GRAVEL LEVEL (APPROX.) GRAVEL REPLACEMENT 6"TO 12"THICK (APPROX) 1 CY OF CLEAN GRAVEL APPROX.) GRAVEL REPLACEMENT SPEC. IN LOW FLOW AREA BELOW FLOW SPUTTER' SIZE Percent Finer by Weight 4" 75- 100% 2" 30- 75% TYPICAL SECTION B-B 1" 0- 30% NEAR PLAN VIEW 3, BELOW FLOW SPUTTER 1/4" 0% 0 5 SCALE 1" = 5 FT 'NOTE- Spec. Percentages May Be Revised By WDFW MAPLEWOOD CREEK GRAVEL PLACEMENT Applicant: City of Renton Replace Gravel in Existing Creek Reference#: J- 00L�VO"0 Waterway: Maplewood Creek Location: Maplewood Golf Course Sec. 15 T. 23 N R. 5 E 4050 Maple Valley Highway Prepared: May 2004 Renton, King County, Washington, 98055 Sheet 6 of 6 (�\�N // y ,PPS OF`.No,� NATI../1 \WIDE PERMIT 2 S 3 Res of Army Corps Terms and Conditions of Engineers� Seattle District Effective Date: March 18, 2002 A. Description of Authorized Activities—page 1 B. Corps Regional Specific Conditions for this NWP—page 3 C. EPA, Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWP—page 3 D. State WQC Conditions for this NWP—page 3 E. State CZM Consistency Determination Conditions for this NWP—page 4 F. Corps National General Conditions for all NWPs—page 5 G. Corps Regional General Conditions for all NWPs—page 12 H. Additional Limitations on the Use of NWPs—page 14 I. Further Information—page 14 In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit 27 authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Activities in waters of the US associated with the restoration of former waters,the enhancement of degraded tidal and non-tidal wetlands and riparian areas,the creation of tidal and non-tidal wetlands and riparian areas, and the restoration and enhancement of non-tidal streams and non-tidal open water areas as follows: (a) The activity is conducted on: (1) Non-Federal public lands and private lands,in accordance with the terms and conditions of a binding wetland enhancement,restoration,or creation agreement between the landowner and the U.S.Fish and Wildlife Service(FWS)or the Natural Resources Conservation Service(NRCS),the National Marine Fisheries Service,the National Ocean Service,or voluntary wetland restoration, enhancement,and creation actions documented by the NRCS pursuant to NRCS regulations; or (2) Reclaimed surface coal mine lands,in accordance with a Surface Mining Control and Reclamation Act permit issued by the OSM or the applicable state agency(the future reversion does not apply to streams or wetlands created,restored,or enhanced as mitigation for the mining impacts,nor naturally due to hydrologic or topographic features,nor for a mitigation bank);or (3) Any other public,private or tribal lands; (b) Notification:For activities on any public or private land that are not described by paragraphs(a)(1)or (a)(2)above,the pernttee must notify the District Engineer in accordance with General Condition 13; and (c) Planting of only native species should occur on the site. Activities authorized by this NWP include,to the extent that a Corps permit is required,but are not limited to: the removal of accumulated sediments;the installation,removal,and maintenance of small water control structures,dikes,and berms;the installation of current deflectors;the enhancement,restoration,or creation of riffle and pool stream structure;the placement of in-stream habitat structures;modifications of the stream bed and/or banks to restore or create stream meanders;the backfilling of artificial channels and drainage ditches;the removal of existing drainage structures;the construction of small nesting islands;the construction of open water areas;the construction of oyster habitat over unvegetated bottom in tidal waters; activities needed to reestablish vegetation,including plowing or discing for seed bed preparation and the planting of appropriate wetland species;mechanized land clearing to remove non-native invasive,exotic or nuisance vegetation;and other related activities. This NWP does not authorize the conversion of a stream to another aquatic use,such as the creation of an impoundment for waterfowl habitat.This NWP does not authorize stream channelization.This NWP does not authorize the conversion of natural wetlands to another aquatic use,such as creation of waterfowl impoundments where a forested wetland previously existed.However,this NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands,on the project site provided there are net gains in aquatic resource functions and values.For example,this NWP may authorize the creation of an open water impoundment in a non-tidal emergent wetland,provided the non-tidal emergent wetland is replaced by creating that wetland type on the project site.This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands,to other aquatic uses,such as the conversion of tidal wetlands into open water impoundments. Reversion.For enhancement,restoration,and creation projects conducted under paragraphs(a)(3),this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition.In such cases a separate permit would be required for any reversion.For restoration, enhancement,and creation projects conducted under paragraphs(a)(1)and(a)(2),this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use(i.e.,prior to the restoration,enhancement,or creation activities). The reversion must occur within five years after expiration of a limited term wetland restoration or creation agreement or permit,even if the discharge occurs after this NWP expires.This NWP also authorizes the reversion of wetlands that were restored,enhanced,or created on prior-converted cropland that has not been abandoned, in accordance with a binding agreement between the landowner and NRCS or FWS(even though the restoration,enhancement,or creation activity did not require a Section 404 permit).The five-year reversion limit does not apply to agreements without time limits reached under paragraph(a)(1).The prior condition will be documented in the original agreement or permit,and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit.Before any reversion activity the permittee or the appropriate Federal or state agency must notify the District Engineer and include the documentation of the prior condition.Once an area has reverted to its prior physical condition,it will be subject to whatever the Corps Regulatory requirements will be at that future date.(Sections 10 and 404) 2 Note: Compensatory mitigation is not required for activities authorized by this NWP,provided the authorized work results in a net increase in aquatic resource functions and values in the project area.This NWP can be used to authorize compensatory mitigation projects,including mitigation banks,provided the permittee notifies the District Engineer in accordance with General Condition 13,and the project includes compensatory mitigation for impacts to waters of the US caused by the authorized work.However,this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition.NWP 27 can be used to authorize impacts at a mitigation bank,but only in circumstances where it has been approved under the Interagency Federal Mitigation Bank Guidelines. B. CORPS REGIONAL CONDITIONS FOR THIS NWP 1. If the proposed work results in impacts to a special aquatic sites(e.g.,wetlands or riffle and pool complexes), the "Notification"must include a statement of why the impacts are necessary,how the impacts have been minimized,and how the overall project is beneficial,despite these impacts. 2. The permittee must notify the District Engineer in accordance with General Condition 13 for proposed projects in stream or wetland restoration and enhancement areas previously authorized as mitigation by a Department of the Army permit. 3. The permittee must notify the District Engineer in accordance with General Condition 13 for a stream and wetland restoration projects occurring in a designated Federal Superfund site(Comprehensive Environmental Response,Compensation and Liability Act), hazardous waste clean-up site(Resource Conservation and Recovery Act),or State clean-up site(Model Toxics Control Act). NOTE: The restoration of former waters can occur in either tidal or non-tidal waters. However,NWP 27 cannot be used for the enhancement or creation of tidal waters other than wetland and riparian areas. See the definition section for more information. C. EPA, Puyallup Tribe and Chehalis Tribe WQC CONDITIONS FOR THIS NWP EPA,Puyallup Tribe and Chehalis Tribe water quality certification(WQC)has been denied without prejudice. An individual WQC is required for all Section 404 activities. D. STATE WQC CONDITIONS FOR THIS NWP State WQC has been partially denied without prejudice for this permit. Written approval of the proposed mitigation plan for the project is required by Ecology for the activities and impacts listed below: 1. Any fill-related impacts to tidal waters or to non-tidal wetlands adjacent to tidal waters. 2. Any fill-related impacts greater than'/2 acre. An individual 401 certification, in addition to an approved mitigation plan, is required prior to starting work for the following: a. For the activities listed in 1. and 2.above where Ecology determines the mitigation proposed for the project is insufficient and written approval is not received; b. Any project impacting 1 acre or greater of wetlands 3 NOTE: Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals(Ecology Publication 94-29 or as revised). For projects proposing mitigation at an Ecology-approved mitigation bank,applicants shall provide a copy of the bank credit withdrawal transaction recorded at the county auditor's office. An individual 401 Certification is required for projects or activities authorized under this NWP if the project/activity will likely result in any of the following adverse effects: 1. The project or activity will likely cause or contribute to an exceedance of a State water quality standard (WAC 173-201A)or sediment quality standard(WAC 173-204). The requirement to obtain an individual 401 certification shall not apply to projects or activities that are carried out in accordance with the following permits,approvals,or management practices. These projects are presumed to comply with state water quality standards including state sediment management standards: a. Projects or activities where the discharges authorized under this NWP are explicitly authorized or covered by a National Pollutant Discharge Elimination System permit. b. Projects,activities or portions of projects or activities designed,constructed and maintained in accordance with the stormwater standards and practices contained in the most current version of Ecology's Stormwater Manual or an Ecology approved equivalent. 2. For projects/activities not designed in accordance with either Ecology's stormwater manual or an Ecology approved equivalent,or for projects where there is credible site specific information which indicates that the permits,approvals,or management practices identified above will not be sufficient to meet state water quality standards,the applicant may provide documentation with the application that the project/activity will otherwise comply with state water quality standards. An individual 401 Certification is required for projects which are unable to provide documentation that the project/activity will otherwise comply with state water quality standards. 3. Projects or activities that cause or contribute to a discharge to a waterbody on the state's list of impaired waterbodies[i.e.,the 303(d)list]and the discharge may result in further exceedances of a specific parameter the waterbody is listed for. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://viww.ecy.wa.gov/programs/wq/303d/1998/1998_by_wrias.htm] or by contacting Ecology's Federal Permits staff. NOTE: An individual 401 Certification will not be required if the applicant provides documentation showing that the project or activity will either not result in a discharge containing the listed parameter or,if present,the parameter will not contribute to an increased impairment of the waterbody. 4. Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat(e.g., soil bioengineering,biotechnical design,rock barbs,etc.). NOTE:An individual 401 certification will not be required if the project/activity is designed and constructed in accordance to guidelines developed by the Washington State Department of Fish and Wildlife. E. STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR THIS NWP The Coastal Zone Management(CZM)Consistency Determination has been partially denied without prejudice subject to the 401 Certification conditions for this NWP. An individual CZM Consistency Response must be obtained for projects requiring individual 401 Certification and located within counties in the coastal zone. 4 n ; REFERENCE BIOLOGICAL EVALUATION US Army corps SPECIFIC PROJECT INFORMATION FORM of Engineers,J Seattle District For Nearshore Fill Version: August 18, 2003 1. Referenced Biological Evaluation: Programmatic Biological Evaluation,Nearshore Fill in: Programmatic Biological Evaluation for the State of Washington for Salmonid Species Listed or Proposed by the National Marine Fisheries Service and U.S.Fish and Wildlife Service Under the Endangered Species Act. October 13, 2000. U.S. Army Corps of Engineers, Seattle District, Regulatory Branch.' USFWS Programmatic Reference Number: 1-3-00-I-1524 & 1-3-00-IC-1525 NMFS Programmatic Reference Number: WSB-00-582 2. Date: 5/27/04 3. Applicant: City of Renton Corps Reference No. Address: 1055 South Grady Way City: Renton State: WA Zip: 98055 4. Agent: Daniel Carey, City of Renton Surface Water Utility Address: 1055 South Grady Way City: Renton State: WA Zip: 98055 5. Location(s)of Activity: Section: 15 Township: T 23 N Range: R 5 E Latitude: 470 28'25" Longitude: 1220 09' 15" Waterbody: Maplewood Creek County: King 6. Threatened or Endangered Species Present(both listed and proposed): Distance to Occurrence Effect Determination(no effect Species (i.e.to nest,perch tree) or not likely to adversely affect) Chinook Salmon 1000'to Cedar River Not Likely to Adversely Affect _Coho Salmon 1000'to Cedar River Not Likely to Adversely Affect 7. Work Description—Describe what type and size of fill will be placed and the amount in cubic yards below ordinary high water: See attached description for overall Project Background and Purpose, 6/28/02 ACE Letter allowing sediment pond cleaning. The April 23, 2003 HPA issued by WDFW required that the CijY place up to 25 CY of spawning size gravel in the constructed creek channel downstream of the sediment basin. The new gravel will replace gravel that was placed in the creek when it was originally constructed, and has subsequently eroded downstream or been covered by silt. The specifications for the gravel are shown on the ' For construction description and effects analysis. 1 project drawings. The section between the sediment basin and the flow splitter uses gravel with a maximum 6-inch size (approved by WDFW)to help provide a more stable bottom duringh igher flows. The section downstream of the splitter structure uses gravel with a 4-inch maximum size since it does not receive the full flow of the creek during larger flood events. All fill will be placed below the OHWL. Construction Techniques—Describe how fill would be placed; how long placement would take;the type of equipment that would be used: The gravel fill may be placed within 2 to 4 days(estimate). In the creek section between the sediment basin and splitter structure the gravel will probably be placed at edge of the creek by hand or a backhoe bucket. The gravel would then be spread by hand shovel over the bottom of the creek. In the section downstream of the splitter structure the gravel will probably be brought to the top of the bank with a small vehicle or wheel barrow. The gravel will be placed by hand shovel in the creek areas below the log drops. 8. Why Doesn't the Programmatic Consultation for"Nearshore Fill"Apply?_ The gravel fill will be placed while water is in the creek, "in the wet". The Ci1y requests that the ACE work window for gravel placement be extended to Sept. 150'to match the work window in the April 23 2003 HPA. Due to heave usage of the golf course the project to clean the sediment basin and place new gravel in the creek will probably be done at the end of August and beginning of September. 9. Why is the Project"Not Likely to Adversely Affect"Without Meeting all the Conservation Measures or Parameters of the Programmatic Consultation (include Justification/Effects Analysis in addendum if needed). The fill will be new washed gravel so creation of sediment and turbidity should be minimal. Gravel fill will be placed by hand to reduce any disturbance to the existingcreek reek bed. Any sediment created will diverse over the remaining portion of Maplewood Creek(appx. 1000 ft)before reaching the Cedar River. Threatened or Endanger Species will probably not be present in the Cedar R. during project construction. 10. Conservation Measures to be Implemented (check all that apply and will be done): ® This programmatic consultation does not cover activities in the Columbia River Mainstem, including the Snake River and Baker Bay. ❑ Work is done within the approved work window. Requesting an Extension to Sept. 15 ® The material is spread out evenly and the beach grade is not altered(to avoid stranding of fish). ❑ Material is not placed in or within 300 feet of vegetated shallows(except where such vegetation is limited to State-designated noxious weeds)or other special aquatic sites.' (?The constructed creek channel may meet the description of a riffle and pool area.) ® Gravel materials are washed and clean prior to being brought to the site. Z SPECIAL AQUATIC SITES—those sites identified in Subpart E of the Environmental Protection Agency's Guidelines for Specification of Disposal Sites for Dredged or Fill Material(Section 404(b)(1)Guidelines)and include sanctuaries and refuges,wetlands,mud flats,vegetated shallows,coral reefs,and riffle and pool complexes. They are geographic areas,large or small,possessing special ecological characteristics of productivity,habitat,wildlife protection,or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. [40 2 ❑ Work occurs only in the dry. ® Stockpiling shall not occur below OHW or MHHW. ® Work is done by hand except that if a barge is used to deliver material the barge shall not ground out on the bottom. ® Upon completion of material placement the beach shall not contain any pits, potholes,or large depressions. ® All natural beach complexity features that were necessary to remove are repositioned or replaced in their original locations on the beach immediately following completion of the work. 11. Types of Permit(s)Proposed to be Used: HPA(existing),Nationwide Permit 18,Nearshore Fill 12. Drawings—Attach copies of location,plan, and elevation/section drawings. Photographs of site recommended, but are optional. I as the applicant or designated agent have read all the activity and waterway specific conditions and the general implementation conditions for the"Not Likely to Adversely Affect"Programmatic Consultation, dated May 30, 2001. 1 understand that informal consultation with National Marine Fisheries Service and U.S. Fish and Wildlife Service is initiated with this form. I will not proceed with construction until I receive written notification from the U.S. Army Corps of Engineers that the proposed work is authorized. J/ C--V1 c B Kln Jot/ �+�/G Ala Ff�' al,//�y ✓ - (! r6y Applicant/Agent /Date ____--_-----------__ Below to be completed by the Corps--------------------------_ MEMORANDUM FOR THE SERVICES: 1. Summary of Why Work Does Not Meet NLAA Programmatic Consultation. 2. Summary of How the Applicant Will Minimize Impacts. 3. Summary of Impacts on Essential Fish Habitat. 4. Forage Fish Habitat(check box if WDFW documented habitat is present): Surf Smelt: ❑ Allowable Work Window: CFR 230.3(q-1)and 40 CFR 230.10(a)(3)](See MUD FLATS,RIFFLE AND POOL COMPLEXES,SANCTUARIES AND REFUGES, VEGETATED SHALLOWS and WETLANDS). 3 Pacific Herring: ❑ Allowable Work Window: Sand Lance: ❑ Allowable Work Window: Approved Work Window(see the US Army Corps of Engineers website, hgp://www.nws.usace.army.miI/PublicMenu/Menu cfin?sitename=REG&pagename=mainpage ESA): to 5. The Corps has determined that this project may affect, the listed species. Corps Project Manager Date Corps Environmental Analyst/ESA Coordinator Date 4 FOR ARMY CORPS OF ENGINEERS SPECIFIC PROJECT INFORMATION FORM MAPLEWOOD CREEK GRAVEL REPLACEMENT PROJECT Project Background And Purpose - City of Renton May 26, 2004 The City of Renton Maplewood Creek Sediment Basin and Fish Channel Projects were multi-purpose projects designed and constructed to prevent flooding on the Maplewood Golf Course, reduce the deposition of sediment in the channel on the golf course, restore a more natural channel and fish habitat to Maplewood Creek, and allow fish to migrate from the Cedar River into Maplewood Creek. The projects were planned and designed with input from the Washington Department of Fish and Wildlife (WDFW) and Department of Transportation (WDOT). The sediment basin underwent an Environments Assessment as part of the FEMA Grant process. The Army Corp of Engineers approved the reconstruction of Maplewood Creek under Nation Wide Permit 27 issued on March 30, 1998 (Reference: 98-4-00406). WDFW issued an HPA for the construction of each phase of the project. Maplewood Creek flows from highlands north of the golf course to the south, through a wooded ravine, over the golf course, and to the Cedar River. Before the projects were constructed there was an old 8-foot high water supply dam in the ravine northof the golf course, an ineffective sediment basin at the end of the ravine, and a straight channel across the golf course with almost no streamside vegetation. At the south end of the golf course the creek flowed in a 72-inch diameter, 800-foot long, culvert to the Cedar River. In large flood events sediment would erode from the ravine and wash into the channel on the golf course. The channel would fill and floodwaters would spill out onto the golf course and adjacent Highway 169 (Maple Valley Highway). After catastrophic flooding in January 1990, the City applied for and obtained a FEMA Hazard Mitigation Grant, which included removing the 8-foot high water supply dam and the old sediment basin, stabilizing the ravine side slope, and constructing a new sediment basin. In negotiations with the WDFW and WDOT projects were developed to build a new low flow channel across the golf course to provide improved fish habitat, and install fish ladders on the Cedar River and at the new sediment basin to allow fish access to the new section of Maplewood Creek. In 1996-97, the City constructed the new sediment basin at the end of the ravine. The project included removing the old 8-foot high dam and stabilizing the ravine side slopes from the old dam to the sediment basin. The sediment basin has been very effective at stopping sediment from reaching the creek on the golf course and the Cedar River. In general, sediment needs to be removed from the basin every 2 to 3 years. The City has an HPA from WDFW that allows removing sediment through Sept. 15, 2006. In 1999, the City constructed the new low flow fish channel across the golf course, and connected it to the WDOT fish ladder on the Cedar River and a new fish ladder at the sediment basin. The project allows salmon access from the Cedar River to Maplewood Creek. Fish would be able to use the fish ladder to reach the new section of Maplewood Page t Creek, instead of having to swim up the old 800-foot long culvert. Because of large flood flows from Maplewood Creek, and hydraulic capacity limitations of the downstream drainage system, the low flow fish channel had to be designed to convey only low flows from the creek. A flow splitter structure and weir was installed to direct high flood flows to the old channel on the golf course, now referred to as the bypass channel. The flow splitter acts as a second sediment basin and sediments must be periodically removed from it_ The new low flow channel across the golf course includes numerous improvements for fish habitat. Log drops were placed in the steeper sections of the channel to help fish passage up the channel and provide deep pools for habitat and shelter. Spawning gravel was placed in the channel, and vegetation was planted along the majority of the channel sides to provide shelter and food sources for fish. Some of the gravel below the log drops and in the low flow channel has eroded downstream or been covered with silt. The April 23, 2003 HPA WDFW required the City to replace up to 25 CY of gravel in the channel between the sediment basin and flow splitter structure, and in the low flow channel. The City is applying to the Army Corps for the appropriate Nation Wide Permits (NWP 18, Near Shore Fill) to allow placement of the gravel required by the HPA. HAFile Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood Sediment Basin\04-2004 Pond Cleaning\1400-Permit Corrspd\040527c-SPIF-ProjectDescrpt.doc\DCtp Page 2 F 10 j�•�V New Sedanent Basin _ R�,ftsvfj i Pro mHSTRuc7—AT - - - /� C/ Old , asin SEE SEE tH00ER 'I• SHEETS 15 t 16 xC 0 M w 160}EET _ North "CUT AS NOTED EcsnNc SP1EEw•r 1 Et ST EL&^—E 9M:SEE 1 ws� r / it. UPPER rL CHANNEL '_% ,�'•\ �wO \ SEE SHEETS 6 •! �• 9— BCK New Mh Channel EAM-Y NOTE 9 �! ' ` _ ///'''Eo'•fA.S15M tMANNEl z - ' /.SEE 91EETS 1 t k S uavlENC:'a // ¢OCs _ / r V sr•ral iTN GREEN s'R CAAT P. 1101E}J `� •• • ,C 6 — ;� Splitter Structure Gu'.i PAN aTH`�<aRa:•r • ( ,t .:l ♦Y KRE A- > ♦ �E CITY OF RENTOH E-STn»s;WOES /6 y / \\�im 9W I'j 1 ,, i-/ DITwREYEINT 01 PVBLC VDR]C9 �. B OONCREn:•A4 MAPLEWOOD CREEK FISH CHANNEL PROJECT PROJECT SITE PLAN CEDAR RIVER �1•b e v.1 w+e T nn. .•.•.. G 2s DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO J U N 2 8 L^007 ATTENTION OF Regulatory Branch !1 v'0: ST EMS 1i4i'-'�Y y Mr. Render Denson Tetra Tech/KCM, Inc. 1917 First Avenue Seattle, Washington 98101-1027 Reference: 2002-4-00606 Renton, City of Dear Mr. Denson: I reviewed the application submitted on behalf of the City of Renton for a Department of the Army(DA)permit to perform maintenance within the Maplewood Creek sedimentation pond in Maplewood Creek at Renton, Washington. The permit application indicated that minor amounts of fill material might be utilized to restore channel banks and reinforce the High/Low Flow Splitter. In a letter dated June 24, 2002, you indicated that the proposed work has been revised to include only the excavation of excess sediments. The City of Renton is no longer planning to restore banks or reinforce any structures within the sedimentation pond and no fill material would be placed in waters of the United States. Because fill material will not be placed into waters of the United States and the method of sediment excavation includes clean excavation with a clamshell or backhoe (considered incidental fallback),the Corps has no jurisdiction over the proposed project. Accordingly,the application is canceled. A copy of this letter is also being furnished to the City of Renton Surface Water Utility, ATTN: Mr. Gary Schimek, 1055 South Grady Way, 5�h Floor, Renton, Washington,98055. If you have any questions,please contact the project manager, Ms. Suzanne Skadowski, at telephone (206) 764-6984. 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