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HomeMy WebLinkAboutSWP272057(4) Ronald Straka - FW: NWS-2007-688-NO.Copy of Expedited Permit and Terms and Conditions Page 1 From: "Klein, Amy S NWS"<Amy.S.Klein@nws02.usace.army.mil> To: "Daniel Carey"<Dcarey@ci.renton.wa.us> Date: 06/29/2007 3:57:01 PM 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 CC: "Enlund, Lori (ECY)"<lenl461@ECY.WA.GOV> 4 4 DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF Regulatory Branch JUN 2 9 2007 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, Teniporary Construction, Access, and Deivatering(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, Ternis 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 pen-nit 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 pen-nit 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. 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 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; ZS 7Z 71 telephone(360)407-6927. LO"� �''` y 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 detern-iination 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.an-nv.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 cr,usace.anny.mil. Sincerely, &Y', 0� Amy Klein,Project Manager Regulatory Branch Enclosures -4- cc w/drawings: Washington Department of Ecology. SEA Program ATTN: Federal Permit Coordinator PLAN VIEW 1C 7CR' EIIN LEA" lam-=---TEMPORARY 1�/DIVERSION DAM , -LQQ \✓ f i� SEE DETAIL 1 f EXt6 GC t \ SEDIM NT BA IN 96 ; 103.5 { / 101.2 CITY OF RENTOi90 II !! ,,.M PLEWOOD GOLF-00 JRSE \, (97.7 \ ,71 -- 8.2 / 1 FLOW SPLITTER AND TEMPORARY 74-7 DIVERSION BERM l 1 SEE DETAIL 2 i 1.e FISH CH NEL 74.2 OVERFhOW ON GOL�fCOURSE ; r/ CHANNEt1( �- • 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 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'GREEK ; / OHW (A r ' P}_`ASTIC SHEET SANDBAGS ;' TO SEAL DAM, ,'REDUCE UNDERFLOW CONC E INLET ;" 1 BYPAS PIPE � � f i A -201 ' 1 TEMPORARY/YVERSION �AM APPROX2.5/W 3.5 FEET kiIGH \ CONSTRUCTED OF SANDBAGS, MEDIA BAGS, j AND PLASTj6 SHEETING!(TYP) PROJECT SITE LATITUDE: 47°28'29" LONGITUDE: 122'09'48" NEIGHBORING PROPERTY OWNER: t 0 5 10 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 s F CROSS-SECTION 1 i 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 T I I € �2,5' T❑ 3.5' ------- -------- - -- — --------- 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 ` f TEMPORARY DIVERSION BERM APPROX 1.0 TO 1.5 FEET HIGH CONSTRUCTED OF SANDBAGS t AND PLASTIC SHEETING A MAPLEWOOD CREEK : OHW(Approx) ' ot TO FISH CHANNEL ��� `• B.� — REMOV ACCUMULATED SEDIM NT OVERFLOW CHANNEL FLOW SPLITTER (DRY) PROJECT SITE LATITUDE: 47"28'29" LONGITUDE: 122°09'48" NEIGHBORING PROPERTY OWNER: 0 5 10 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 COMING TZSWARD PAGE ~2,5 ~1.5' _ J L _ — CHANNEL E 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:NAVO 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 VICINITY MAP ' I= U e PRO EC ITE Maplewood Creek �® Cedar` Ma le o (- Goff Co e 1 � _ 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 EXISTING SE IM. V N�BA�6IN� .74.3 - 96.5 `G 103.5 MAPLEWOOD CREEK �I 101.2 �P�UN VI W 2 G= G VEL PLACEMENT LOCATI NS(APPX) (G Mc A 73.6 Ty R ER IE� 17.3 83.0. � 74.4 8.2 74.7 G U G 71.9 EXIST[�G.FLOW 74.2 SPLITTTER TRU-Q-JQ Z ' MAPLEWOOD CREEK G PLAN 84.0 ~ 77s .74.3 G 77.7 VIEW-3 82.5 \\\ NIGH FLOW CHANNEL( ao.6 71.5 // 1 •7 1./ 801 j 77.6 79.9 150, CITY7SIF RENTIiN �-L,EWODQ GOL OURSe-9 . � 1 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 < 0 roe oa EX. BOULDER CLUSTERS (TYPICAL) Qv �v ORDINARY HIGH WATER LINE (TYPICAL) co 0 0 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 i AND PARKING LOT / , 0 5 10 t —i 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 I 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 1" 0-3 % TYPICAL SECTION A-A 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 o 10 EX. BOULDER CLUSTERS _, - (TYPICAL) O�EX. LOG DROP(TYPICAL) % GRAVEL REPLACEMENT AREA (TYPICAL) PLACE APPROX. 1 CY OF OO CLEAN GRAVEL SEE SECTION VIEW / g o O ; 6 0- ORDINARY HIGH WATER LINE Q (TYPICAL) A-° EX. GRASS EX. GRASS ROUGH 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 F , �OFILE VIEW B-B EX. LOG DROPS WITH FLOW NOTCH WIDTH VARIES WATER DEPTH VARIES 3'TO 6'TYPICAL 4"TO 6" (TYPICAL) FLOW OHWL it p 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 ?GOBPS OFE ',•,' I HOy�m US Army Corps CERTIFICATE OF COMPLIANCE of Engineers WITH DEPARTMENT OF THE ARMY PERMIT Seattle District 4+>DR P Permit Number: Name of Permittee: 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 �PP80F� J p US Army Corps CERTIFICATE OF COMPLIANCE of Engineers WITH DEPARTMENT OF THE ARMY PERMIT Seattle District Permit Number: Name of Permittee: 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 NATIONWIDE PERMIT 33 of Army Corps Terms and Conditions of Engineers a, •'�o- `, �'. 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 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.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.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 110k 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.ReQional 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 �j�pxPs osENoti NATIONWIDE PERMIT 27 �mm of Army Corps Terms and Conditions of Engineers� 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 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 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 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 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 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 110k 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.Miti ag tion.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 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 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 NWT. 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 Specific and General Implementation US Army Corps Conditions for of Engineers Seattle District Nearshore Fill Se 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 L• General Implementation Conditions (below). Timing: The action shall only occur once within one"work season" for a single and complete project. 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 Bad 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 Bad 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 Ouality 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 ground. 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. TemporM 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 temporaryppland 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. in. 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 173-201 A) 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.). 1 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. Contingences. 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 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 Cenchrus longispinus 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. multijlorum, L. temulentum Ryegrass Lotus corniculatus Birdsfoot trefoil Lythrum salicaria. Purple loosestrife Matricaria matricarioides Pineapple weed Medicago sativa Alfalfa Melilotus alba, M. offiinalis 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. off cinale 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 A% CITY OF RFNTON G f> Will + Planning/Building/Public Works 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 H:\File 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-Enlund-JARPA.doc`SLtp -- 1055 South Grady Way-Renton, Washington 98057 R E N T O N AHEAD OF "rHE CURVE This paper contains 50%recycled material.30%post consumer r CITY OF RENTON s + Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator 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 RE N 1 0 N mm AHEAD OF THE CURVE C'�7 This paper contains 50%recycled material,30%post consumer 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, 9 'V� V-117) Daniel Carey, P.E. Surface Water Utility Engineer Enclosures cc:Ron Straka,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\1410-ArmyCorps-Permit-Corrspd\070608a ACE-Letter-Emergency.doc\DCmd NWS-2007-688-NO City of Renton Pagel of 2 Ronald Straka - NWS-2007-688-NO City of Renton From: "Klein, Amy S NWS" <Amy.S.Klein@nws02.usace.anny.mil> To: "Daniel Carey" <Dcarey@ci.renton.wa.us> Date: 05/30/2007 6:04 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. file://C:\Documents%20and%20S ettings\rstraka\Local%20Settings\Temp\GW}OOOO 1.HT... 06/08/2007 NWS-2007-688-NO City of Renton Page 2 of 2 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. <<SP I FNearshore(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 anU%s.klein amsace.arn y mil file://C:\Documents%20and%20Settings\rstraka\Local%20Settings\Temp\GW}OOOO 1.HT... 06/08/2007 NATIONWIDE PERMIT 33 'y OONFE OFFN 19 0 Fm US Army Corps of Engineers Terms and Conditions Seattle District k"0R'1PpO� 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.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.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 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, 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 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 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 NOTICE, OF NEED FOR FMF,RGF,NCV WORK RAMS Number: Date: Time: (Entered by Corps Project Manager oift) Proponent's Name: Tel: Address: Location of Proposed Work(Waterway, address, driving directions): 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 PROGRAMMATIC ESA' CONSULTATION '�+OOFFs0FENO�� ' Specific Project Information Form ' US Army Corps For Nearshore Fill of Engineers o Q Seattle District Version: 21 April 2006 4+row 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.army.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): 1 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: http://wdfw.wa.gov/fisll/fora e/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. ❑ ❑ ❑ Timin : 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 L 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.) I,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 • "°�•-~ / C-dm Ole I,,b1c fill f Eaatsl � 1� J,� � 62 t763+6 CD I{ ( 3 jam ) 1 63 t.6047 52 33, 12 •r L.�^ "� 1 36'<ros �, J_ �t-��' 9/1 Y +�f 20 176040 76023 5� 1571495.52 j N 202 •76037.80 1311so1.36 2 73115�6�89 - 11: ,w7 JII H 203 176063.21 ' f f/-� / + V •" �n ` O`µ,`�j 205 176042.50 13114 502 26 ! `r'O -J !j�, 206 176069.52 ,31 t 450 41 ff - CB TYPE I - SOLID Ct ew cj((.4 K, 20 076. 9 131114387 LID RIM EL 122.5 I.E. 209 176079.14 1311447.34 210 176068-21 131tµ7.}4 - 115.3(18.O I.E. 4_, 4F�'W 210 176068-21 1311446.31 t 15.8(18" S1') �-1 � ^-�/� f/n 301 176070 37 131145 21 1 S r 302 176070.}7 1311450.12 1 303 176078.29 1311447.63 t" _ 304 1176074.32 1311448.68 BYPASS PIPE INLET Q/�{ a J p(,ry 'iA'1 t9'� 305 176069.30 t 3t t µ 5.96 t i r•` STRUCTURE 5'�'-p'" '// 306 1176071.82 1311441.50 ll..�,;,':. 307 176049.47 1311498.66 Ie'1E-n6.4a 308 176046.22 13115,08.55 I(illl' REMOVE SEDIMENT FROM BETWEEN ALL ROCK WEIRS. i .sµ rfey ('y � 309 776064.1♦ IJ11509.30 1C;St' USE SMOOTH BUCKET,NO TEETH. P(s 1 G.� ! W 310 176064.14 1511510.58 tt APPROX 1/2 to 2/3 OF ROCK HEIGHT SHOULD BE 311 176041.57 1311501.85 Y EXPOSED. SEE PHOTOS Of PREVIOUS CLEANING. 3i3 ii599.+3 1sn+95.3a CITY MAY DIRECT AND ADJUST CLEANING AS NEEDED. 314 176002.72 13111179.46 1 ' 315 176007.32 1311489 82 °<o 31 176001. 1314 46 2: 317 t'76010.85 85 131145252 08 PVC LINER - APPROX LOCATION 3l8 I A020.35 1311422 32 _ 1.0 F( UNDER THE GRAVEL LAYER 315 175984.16 131140E 66 * 's 320 175992.92 1311386.80 LINER EXTENDS UP THE SIDES TO EL 1 13.2. �9 S , CAUTION 321 176013.60 1311406.07 PVC LINER SHALLOW 322 1760 43 13,191 95 5'i c{' \ `23 1760545t 86 1Jn392 29 '. IN UPPER AREA J-•s HAND DIG TO LOCATE 324 t76021. 13n4 .9 , S25 776024.48 IAt4737394 ; 327 176023.11 1311523.85 CB IYPE I - SOLID 328 176029.29 1311506.33 LID RIM EL 115.39 s"W 329 176039.69 1311502.51 I.E. 11,5(18'NE) 330(.0 176041.20 13:1498.15 L n E. 1.5(te'SW) r � ROCK WEIRS _ _ JI 331 176034.06 1311 490.77 s i ` J G- , Lc= �� 332 176044.24 1311,456.33 REMOVE SEDIMENT TO BASE GRADES 333 176051.15 1311449.36 "r 334 1750"85 1311441 89 AT TOP OF IMPORT BACKFILL AND UP SIDESLOPES. f B L �'f 3�•-� 335 1760+7.94 131t439.31 1 USE SMOOTH BUCKET,NO TEETH. _ 1 7 336 176037.36 1311456 62 t HAND DIG AS NEEDED TO IDENTIFY IMPORT BACKFILL Jri / � � � 7j �(35 337 176022.92 1311497 30 1 // °s 1 338 176009.69 1311534 43 1 5. AND PVC RING LOCATION. CONTRACTOR RESPONSIBLE / / e . I►i 339 176028.04 11r153493 +T' FOR REPAIRING ANY DAMAGE TO LINER. / �j®<" 340 --R . %/!///// a/////R A+rP 34 ®a�;c�,y�. Q/aQ•'3- / �/ a,,�,'0 ^\I)II 5('r�•� f �j I�'f� i 1776036.30 13115435) I 76100.37 1311567.9` CAUTION 342 176149.36 1311569.28 343 176181.58 1311559 35 Z11 PVC LINER SHALLOW 37 344 176148.18 131158C 27 AT UPPER EDGES - 345 176128.14 131158 .13 It HAND DIG TO LOCATE 346 1t76104.76 1311581.22 y OS 347 76061.80 1311576.17 348 1760 . 1311572.71 349 1311569.2 -0, 5/40 350 76034.17 1311559.55 _27 In nn�HwAr c4n tL' 07 ,//// La •t� _n:, fc"P Mr.. � ��q s1 35 1760 . 1311392L SS3 176080.71 1311400..3 013 7 t 35 17605.16 1311417.94 355 1176100,73 1311410.41 "E f 356 84 1112 37 176072.3 1338063 176039.47 i31t376.03Z 0♦ J5874r $INIPF.'T-NJ CIETI:RE It > 17,e.��i arc 1 'C� fz 3 S . I� 359 176107.48 13i 11 144J4.t 8 }6 176177. 342.95r1 3616401 1 IE-tOeB.4 20 � 362 176167.95 1311487.81 t1_- y _ 27 05.16 7 364 17622.64 1311537.75 "qt All7 jG }64 176225.64 13tt537.75 - t' l 7 ► �'�1 rj 365 176252.16 1311567.99 366 t76248.33 t3t1573.15 367 176208.58 1311542.45 ^' WEIR (304) =- •F f[ l i 368 175172.75 1311516.81 EL n 1.11 A . `6 4!� / 369 176145.21 1311499.75 sT•?` 370 176122.49 131149341 a o a / ` 371 17612249 1311482.94 4 e SEGIMEMY FstUaIN CLEANING ASBUILI q/��'� 377 t76,138.90 1311483.30 re e;. 4• rt, / e 373 176117.50 13, 460.32 PVC LIN R QIc(+�i 'Aj i•3- / Bott,m Lm:afx,ns by Taping From North Comer 374 176096.38 -.1311443.55 APPROX. r / of Fish Weir and NW Comer of Overflow Spillway. 375 176008,80 1311439.51 TY: \ f��✓ rs`• - / El".tion b� Laser Level. 376 176076.49 1311438.70 377 176160.79 1311523.18 Poin`.s ft•-I tltru R-10. BY D. Carey 378 176146.13 1311558.96 L 70 L t0 379 176185.82 1311558.73 +• 380 176200.68 1311567.74 Poin, L1(.Ft) Fish Weir Spillway 381 176214.61 1 311577.01 7 '� / Rl jG 4,_I 41' 50' West Side 384 176253.22 1311585.77 1 385 176253-14 1311587.23 1- e,_ ° - R2 I pq ate, 109' 90' NW End of Basin rOP u. 386 176253.67 30436 1311564.69 t•_-v R3 q: 1 9' 8T Middle of N End 387 176268.16 1311595.15 _ I C¢ s 388 176.304.36 1311595.t 5 w41 / SPILLW Y STRUCTURE R4 Ct1` 115 77' NE Comer of End 389 176346.67 1311625.24 r� Moro `l/ CREST L nz.6e' RS 1!a:t{ 101' 52' East Side jq� ii5a22 o i3ii o1.x VAL 6'w iE-lo6sz Rfi [ f Z„ (To cutout, NE comer) 8I IE-Ta9.62 NE Corner Overflow Spillway t R8 I p YI, NW Comer Overflow Spillway nATF OF Fy IFS i n SUE'�M- R9 r J 4!' 4 34' 28' South End 220. 223-225 a 211 7/z9/97 RA11P D' zD' •.� a,:� R 10 i O��3�� 75' 42.5' Center of Basin 3GO SERIES 1 1 % \ 800 SERIES 2/5/98 .y 6 SCALE- 1• - 20' "P�LWAY ALL SHOTS ARE FINISHED Sup" 4CES ' OuTLLT SEE IMEN7 BASIN CLEWING AS-BUILT 927H999 GRAVEL PARKING �N STRUCTURECleo led Bcttom Locations by Taping. Elevation by Level %2 NORTH Points P-1 thru P-10. By D. Carey 1957-98 BASIN AS i3Ull �'j P1 I:L I(:-.5 P2 EL 108.66 R SW. SEWER MH . CHANNEL aEL4 97 4 P3 I:L 10F.33 P4 EL 109.46 Scale: I Inch = 20 Feet PS I:L 10.:.33 P6 EL 108.79 / n P7 CL 10r:.82 P8 EL 16 % P9 C 108- I. lOi;.87 P70 EL t08-62 It -- -� - ---- -- RECOMMENDED ---- -- -- A•AS NOTED , .. B f, Ci TY. FOR APPROVAL - --- a m.w � RE N 3 By Daniel Carey_ 512�07 �_ IBC �d 1 PI nr .-q.AD f3.;,�u,nq/PMb6t DC RS BY BY DATE APRR `••®•�•, __�� NO. REVISION -- qS Y.. - --- oll -41 Coordinate tabie--"�- I l S, fl 23 u -6 �68 •y V t thingN6346East. EIS 0 62 63 176346.08 t311633.0a ' 76047.52 r J'^ �f 0 -t P A d, L11 200 176023.55 13114 5.52 li i 1 '1{Y / / 1 � 36'• ADS[IPE s-�{,(,{1 201 176040.15 131150I J 2 I t C` ..JJ 1 GGG...���� f/ I N Q / ,% 03 176063.21a 13115�168.89 I 1� Q �Od t �-�' I g •$} 1 b n �„o U�7or•S br 205 176067.91 131150264 D 205 176042.50 1311494.26 206 176059.52 131 L450.41 79 Ca TYPE I - SOUD Ch„ Gf 64 k� 208 17'076.41 13n"1.83 UD RIM EL 122.5 LE. Cl` 208 17r N 131 L438.76 209 175079.14 Un µ7.34 115-8 (18'E) LE. 210 176068.21 1311446.31 1 4j ** ) AIN115.8(ta"Sw) W Ltpr �.(/If'(/1 302 1,7607037 131145012 i 303 176GJ8.29 I., 447.63 1 7 _ 3G4 176074.12 1311448.68 BYPASS PIPE INLET 1� 1 0�i O'�/i>•'4 J 305 176069.30 1311445.96 1 Btu STRUCTURE 51`o✓�t•v 306 176071.82 1311441.50 It 307 176049.47 13114911.66 1( 19"IE-1tv.4s 309 176064.14 Un 508.930 u REMOVE SEDIMENT FROM BETWEEN ALL POCK WEIRS. i f µ►'Je� 5' c I 308 176046 14 13115 3a 1T USE SMOOTH BUCKET,NO TEETH. Pr'� { �� W 310 1760a9.43 1311 510.58 t APPROX 1/2 to 2/3 OF ROCK HEIGHT SHOULD BE 311 176D41.57 131,501.85 1 j EXPOSED. SEE PHOTOS OF PREVIOUS CLEANING. 312 176000.13 13,1487.44, 1, 1C j CITY MAY DIRECT AND ADJUST CLEANING A 313 175997.41 1311495.34 NEEDED. 314 176002.72 1311479.46 1t I 315 176007.32 1311489.82 1' Bio.. 31 176001. 13114 .46 317 176010.85 85 131145252.0808 PVC LINER - APPROX LOCATION S 378 17020.35 1311472.32 t',C. 315 175984.16 1311 1.0 FT UNDER THE GRAVEL LAYER '3 320 175992.92 131 6 1408408.6.6 1 LINER. EXTENDS UP THE SIDES TO EL 113.2. 7 CAUTION 321 17013.60 1311406.07 PVC LINER SHALLOW 322 176022.43 1311391.95 ♦� `24 176042-11 1311418.89 IN UPPER AREA opt s, I HAND DIG TO LOCATE 325 176024.4 13tt473.9 _ 325 t76024.a8 7311473.94 328 17 029.29 131t5506.33 r: C11 TYPE I - SG110 LID RIM EL. 115.39 B_ r. LE. t n.5 (is. is'NE) 330 1760411.20 131198115 LE. Ins (ib'Sw) y ROCK WEIRS r II 331 176034.06 131149077 - ry / d&1 1Z G Lt 332 17604-4.24 1311456 33 REMOVE SEDIMENT TO BASE GRADES 1 15 n 333 176051-15 1311449 36 AT TOP OF IMPORT BACKFILL AND UP SIDESLOPES. / }O� _ �l Q� 335 176047-94 1311µt 61 USE SMOOTH BUCKET,NO TEEfH. _ BUJ ° SrtO J 336 176037.36 1311456.62 1'.�'. 400.30 HAND DIG AS NEEDED TO IDENTIFY IMPORT BACKFILL / ° � � '�d� 337 176022.92 1311497-30 1'None AND PVC LINER LOCATION. CONTRACTOR RESPONSIBLE �/ •' ( 338 176009.69 13t 1534.43 1J FOR REPAIRING ANY DAMAGE TO LINER. s e 11" 340 176028.04 1311543.53 - / t®* 6 339 176028.04 1311543.53 at= / it • l B,_ '\ cAunoN L LJ CtL� 11 Z e xz iieia9: 11311 31 zs 343 176181.58 1311569.35 �: Z31 ,�t *� 1 PVC LINER SHALLOW ©� r G 37 344 t76t 48.18 131150.27 q Jib AT UPPER EDGES 5/�p't = 'a 345 176128.14 13n580.13 / t I 346 176104.76 1311581,22 HAND DIG TO LOCATE ' a ® �� t 1 I,i 1 CS 347 176081.80 1311576.17 / 9r� 71 349 348 1176070.34 76058.09 1311569 23 . 11U RIM EL 15.07 / Be Z s(�Qr 350 176034.17 1311559.55 :< LE. 110.0 (19' NE) / pp ✓•" t.E. it0.0 (ta'S) // / S jZ j F 6 S'78 352 176064.71 13113392.27 13 354 176095.16 1311417.94 �,Z �„r{ Q 7 s4, 56 355 176100.73 13111 r1. 3 176p85.46 1311393393.29 ` 357 176072-34 131130.63 STFIJcrV�TET i 41$ B�; a� Q �T f"qr Q/• ayt 4p�� 3 17 Q 8 S 9� 359 176107.48 131 t 376 03 1a"N E-106.72 7V f�� / ®s 360 176127.30 1311447.9 1= 361 176164.01 131l477.13 T 8"E IE-t0tl.40 1 ig / ° •� J' >e' Q 362 176167.95 1311487.61 t , 42'S 1E-109.16 t V /..t] / K -1 363 176189.68 1311503.27 R 11 70 364 176225.64 1311537.75 a 365 176252.16 1311,567.99 `\ 9 // R 5 5?k �(0 366 176248.33 1311573.15 04) E e / 367 176208.58 1311542.45 ':'. B ,--WEIR E1 R 1.11 11 C Y r / in 176172.75 1311516.81 - '` 41 log/s 6c are. / i 176t45.21 1311499.75 T 1176122.49 1311482.9 17612249 1311482.94 7p Bs< q d + 1y / ¢¢a SECIMENT bAAN CLEANING AS43UILI.9/6/e7 176138.90 1311483.30 `- PVC UN R it�Op� /Qe / Bottim I.o:a6ons try Taping From North Comer 176117.50 1311460.32 APPROX. / / 176096,38 1311443.55 ,a B3 of Fish Weir 0nd NW Comer of Overflow Spillway. 176088.0 1311439.51 Kid s / Elevttion ty Laser Level. 176076.49 731t438.70 c / ? 176160.79 1311523.18 aR= J % �wn Points P-I thru R-10. By D. Carey 7 \ mac+ BSI. B 1082 / 176146.13 1311558.96 t / L to L to 176185.82 1311558.73 1 176200.68 1311577.01 a Paint LL('ft) Fish Weir Spillway 176214.61 74 1371577.01 qr / 93 R1 JC>gtl 41' 50' West Side 176253.22 131t585.77 1 lap .e / 176253.14 1311587.23 1 e�, c� R2 10910 109' 90' NW End of Basin 176253.67 1311589.95 1 top / R3 , q3 116' 87' Middle of N End 176268.16 1311564.69 ha O g ,U 176304.36 131t595.15 �k / SPILLw Y STRUCTURE R4 1)Oxq��� 115' 77' NE Comer of End 9 176346.67 1311625.24TOE McCrD / CREST tt2.fia' R5 )QY11� 101' S2' East Side 176386.3E 1311660.99CR Barr 112.68'52 1 1 176422.03 1311701.30 v 82 IIE-10.62 R6 J O A %Z (To cutout, NE comer) R7 iOQt NE Corner Overflow Spillway R8 J O 13 is NW Comer Overflow Spillway r1ATF OF FIFI D SURVEYS: �RAu. 0' R9 1 O to t;,g 34' 28' South End 220, 223-225 a 231 7/29/97 , I °a R10 108 3b 75' 42.5 Center of Basin Soo SERIES 9/2o0 5/9> % a SERIES 2/5 SSCALE"E" /99 S 1' - 20' > % SPILLWAY ALL SNOTS ARE nmisHED SURFACES O OUTLET /o STRUCTURE SECIMENT BASIN CLEANING AS BUILT 9R7/1999 OsloGRAVEL PARKING � lH Cleated &tlom Locations by Taping, Elevation by Level �I 1 ,y °"- NORTH Points P-1 thru P-10. By D. Carey 1997-98 BASIN AS-BUII SAN. SEWER MH P1 I:L 107.5 P2 EL 108.66 RtM.Et. 105.42 CTR. z BUB P3 I:L 10''5 P4 EL 109.46 CtW1NE1 EL 97.4 a Scale: 1 Inch = 20 Feet P5 CL 10!:.33 P6 EL 108.79 �. P7 I:1. 1082 P8 EL 16 % P9 Cl, tO8t;- 108. 81 P10 EL 108.62 TY RECOMMENDED - AS NOTED � CI FOR APPROVAL -DC otvt_. _ R EN BY Qonl Carev 5LIgZ07 DC �.w-i ti-.--� Plan r-q b,:ao�ng/PK aA,�rtws tcrw®trr. -_ 'ADC /RS BY _-- town A i01'"'t /W - �1� �� �� N0. itl:>n SiON BY DATE APPR -RS