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SWP272057
' Award Date: T -/ 3 -0 9 CAG- O I 1 2 2 Awarded to: Ro►i,r nS C On brfrt�tst/6>, I�IL.E C J Py 1 1 D City of r 1 Bidding Requirements,City of Renton Forms, Contract Forms, Conditions of the Contract, Plans and Specifications 1 City of Renton ' Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 1 2009 Project No. SWP-27-2057 i i ' City of Renton 1055 South Grady Way Renton WA 98057 1 Project Manager: 425-430-7293 Daniel Carey w ® Printed on Recycled Paper t 1K AMIAS ' COMMUCTEDE KAMINC*928LD 19315 Ross Road ' Bothell, WA 98011 Phone 206-396-9115 Fax 877-710-9005 ' Contact List: Responsible Officer, ' Chad Kamins 206-396-9115 24 hrs. Job Foreman, Jeff Barcott 206-396-8917 24 hrs. Insurance Agent, Bell Anderson Insurance tCarmen Meyers 425-458-2301 ' Bonding Agent, CB & MS of Washington Chris Fix 206-361-9693 ' �Y CITY OF RENTON BUSINESS LICENSE Expiration Date ' + f• Y Finance Division 07/31/2010 1055 South Grady Way �1'0�'N'vo Renton, WA 98057 Issued Date: License# (425) 430-6851 07/15/2009 BL.031954 ' Business Location Billing Code: ocl a 19315 ROSS RD ' BOTHELL, WA 98011 Licensee has applied for a City of Renton business license in accordance with Renton Municipal Code (the Code), Title V Business, KAMI' Chapter 5 Business Licenses. The Licensee 19315 R OSS RD CONSTRUCTION agrees to comply with all requirements of the 19315 R BOTHELL, WA 98011 Code, as well as State laws and regulations applicable to the business activity licensed. Post this License at the place of business. t - - DEPARTMENT OF LABOR AND INDUSTRIES j , i REGISTERED AS PROVIDED BY LAW AS ' ! CONST CONT GENERAL i REGIST. # EXP. DATE CC01 KAMINC*928LD 06/04/2010 EFFECTIVE DATE 06/04/2008 KAMINS CONSTRUCTION 19315 ROSS ROAD BOTHELL WA 98011 F625-052-000(SA 7) CITY OF RENTON ' RENTON, WASHINGTON CONTRACT DOCUMENTS for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 ' PROJECT NO. SWP-27-2057 June 2009 BIDDING REQUIREMENTS CONTRACT FORMS ' CONDITIONS OF THE CONTRACT SPECIFICATIONS PLANS �.o J. Sr of WASy,M� o y O 9Fo� 72 EXPIRES 10/1S/ Z0 9 CITY OF RENTON 1055 South Grady Way Renton, WA 98057 ® Printed on Recycled Paper CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 CONTRACT DOCUMENT TABLE OF CONTENTS Summary of Fair Practices Policy Summary of Americans with Disability Act Policy Scope of Work ' Location, Vicinity Figure Instructions to Bidders,Example Schedule of Prices Call for Bids 1 -Bid Section *Proposal and Combined Affidavit& Certificate Form: Non-Collusion,Anti-Trust Claims, Minimum Wage Form ' *Bid Bond Form *Schedule of Prices *Acknowledgement of Addenda **Subcontractors List (if required for project) 2—Contract Section ❖Bond to the City of Renton ❖Fair Practices Policy Affidavit of Compliance ❖Contract Agreement(Contracts other than Federal-Aid FHWA) ❖Retainage Selection ❖City of Renton Insurance Information Form ❖City of Renton Standard Endorsement Form Insurance Information and Requirements Certificate of Payment of Prevailing Wages (City Form) Statement of Intent to Pay Prevailing Wages, Affidavit of Prevailing Wages Paid Prevailing Minimum Hourly Wage Rates(New job classifications) Environmental Regulation Listing ' WSDOT Amendments City of Renton Special Provisions Permits (HPA, Dept. of Ecology, Army Corps) 1999 Cleaning Memo, Current Site Photos, Madsen Basin Photos Reference Plans: 1996 Sediment Basin, Flow Splitter Plans(partial set) Construction Plans Documents marked as follows must be submitted at the time noted and must be executed by the ' Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. * Submit with Bid ** Submit with Bid or within 24 hours of bid ❖ Submit after Notice of Award CITY OF RENTON Planning/Building/Public Works Department 1055 South Grady Way Renton, Washington 98057 ' 02-Contents.DOC\ t CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 tIt is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non- discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the ' following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's ' Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON,Washington,this 7thday of October, 1996. tCITY OF RENTON: RENTON CITY COUNCIL: ' Mayor Council President ,A,, ' City Cler 03-SUMMARY.D00 CITY OF RENTON SUMMARY OFAMEWCANS W11 71 DISABII.ITIESACT POLICY ADOPTED BYRESOLUTIONNO. 3007 The policy of the City of Renton is to promote and afford equal treatment and service to all citizens and to assure employment opportunity to persons with disabilities, when the City of Renton can reasonably accommodate the disability. This policy shall be based on the principles of equal employment opportunity, the Americans With Disabilities Act and other applicable guidelines as set forth in federal, state and local laws. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - All activities relating to employment such as recruitment, selection,promotion,termination and training shall be conducted in a non- discriminatory manner. Personnel decisions will be based on individual performance, staffing requirements, and in accordance with the Americans With Disabilities Act and other applicable laws and regulations. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity for persons with disabilities in employment and receipt of City services,activities and programs. (3) AMERICANS WITH DISABILITIES ACT POLICY-The City of Renton Americans With Disabilities Act Policy will be maintained to facilitate equitable representation within the City work force and to assure equal employment opportunity and equal access to City services, activities and programs to all people with disabilities. It shall be the responsibility and the duty of all City officials and employees to carry out the policies and guidelines as set forth in this policy (4) CONTRACTORS' OBLIGATION - Contractors, subcontractors, consultants and suppliers conducting business with the City of Renton shall abide by the requirements of the Americans With Disabilities Act and promote access to services, activities and programs for people with disabilities. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate City facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 4th day of October 1993. C RENTON RENTON CITY COUNCIL: Mayor ouncil President Attest: City Clerk ` CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin iCleaning Project 2009 SWP-27-2057 SCOPE OF WORK 1 The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the construction specifications,to include but not be limited to: • removing sediment from the Maplewood Creek Sediment Basin and the Madsen Creek Sediment Basin, • constructing a flow bypass dam and diverting the creek into an existing bypass pipe, • removing approximately 800 to 1,000 cy of sediment from each basin, • hauling and disposing of the sediment off-site, • restoring flow to the sediment basin and removing the bypass dam, • vegetation maintenance in the Maplewood channel, 1 • restoration, including hydroseeding around each basin and cleanup. The Contractor will need to comply with the requirements of the Washington State Hydraulic Project Approval, and Army Corps of Engineers Nationwide Permit. The estimated project cost is $100,000 to $120,000. A total of 25 working days is allowed for completion of the project. For Bid Item Descriptions see Special Provisions Section 1-09.14 Any contractor connected with this project shall comply with all Federal, State, County, and City codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of this contract document. 1 Any contractor wishing to inspect to Maplewood Creek Sediment Basin before the bid shall check in at the Golf Course Pro Shop. Contractors cannot be on the golf course fairways without escort. j t 1 1 04-Scope.130C\ 1 LAKE WASHINGTON ii' LO _ CD � s - i Project' I _ Location � u 1 4p5 , K:? 69 d Project Location Maplewood Creek Sediment Basin 2009 Cleaning Project 0' 1 Mile N Scale: 1" = 1 Mile City of Renton Surface Water Utility D. Carey 5/09 Sediment I Basin a �69 C/ Co dp/°�'o n y°4 4rSe C%` j C 1 �10 1 i 1 Project Vicinity Maplewood Creek Sediment Basin 2009 Cleaning Project 0' 500' N Scale: 1" = 500 Feet City of Renton Surface Water Utility D. Carey 5/09 1 LAKE WASHINGTON :- LO ENTON I r? s �I 69 v co_ J Project 1 - Location 1 Project Location Madsen Creek Sediment Basin 2009 Cleaning Project 0' 1 Mile N ' Scale: 1" = 1 Mile City of Renton Surface Water Utility D. Carey 5/09 r� 1 �� Q Q CO / a aCO CO Q a 14937 Maple C9 � o Valley Hwy � D 1 j Sediment 1 Basin 1 Project Vicinity Madsen Creek Sediment Basin 2009 Cleaning Project 0' 500' N Scale: 1" = 500 Feet City of Renton Surface Water Utility D. Carey 5/09 t INSTRUCTIONS TO BIDDERS 1. Sealed bids for this proposal will be received by the City of Renton at the office of the Renton City Clerk, Renton City Hall, until the time and date specified in the Call for Bids. At that time the bids will be publicly opened and read, after which the bids will be considered and the 1 award made as early as practicable. No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. 2 Any omissions, discrepancies or need for interpretation should be brought, in writing, to the attention of the Project Engineer. Written addenda to clarify questions that arise may then be issued. No oral statements by Owner, Engineer, or other representative of the owner shall, in any way, modify the contract documents,whether made before or after letting the contract. 3 The work to be done is shown in the plans and/or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price bid. The City reserves the right to add or to eliminate portions of that work as deemed necessary. 4. Plans may be examined and copies obtained at the Public Works Department Office. Bidders shall satisfy themselves as to the local conditions by inspection of the site. 5. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. 6. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors,the unit price bid will govern. Illegible figures will invalidate the bid. 1 7. The right is reserved to reject any and/or all bids and to waive informalities if it is deemed advantageous to the City to do so. 1 8. A certified check or satisfactory bid bond made payable without reservation to the Director of Finance of the City of Renton in an amount not less than 5% of the total amount of the bid shall accompany each bid proposal. Checks will be returned to unsuccessful bidders immediately following the decision as to award of contract. The check of the successful bidder will be returned provided he enters into a contract and furnishes a satisfactory performance bond covering the full amount of the work within ten days after receipt of notice of intention to award contract. Should he fail, or refuse to do so,the check shall be forfeited to the City of Renton as liquidated damage for such failure. 9. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. 10. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 11. Payment for this work will be made in Cash Warrants. 12. The contractor shall obtain such construction insurance (e.g. fire and extended coverage, worker's compensation, public liability, and property damage as indicated on forms enclosed under Attachment A herein and as identified within Specification Section 1-07.18. 1 Revised:04/06 bh 13. The contractor, prior to the start of construction, shall provide the City of Renton a detailed bar chart type construction schedule for the project. 14 Before starting work under this contract, the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 15. Payment of retainage shall be done in accordance with Section 1-09.9(1) "Retainage. 16. Basis For Approval The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedules items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the Bid to meet the needs of the City. The intent is to award to only one BIDDER. 17. Trench Excavation Safety Systems As required by RCW 39.04.180, on public works projects in which trench excavation will exceed a 1 depth of four feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. These requirements shall be included in the Bid Schedule as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. 18. Payment of Prevailing Wages In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein, there shall be paid to all laborers, workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the CONTRACTOR and any laborers, workmen, mechanics or subconsultants. The most recent issue of the prevailing wage rates are included within these specifications under section titled "Prevailing Minimum Hourly Wage Rates". The Contractor is Responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. 19. Pollution Control Requirements Work under this contract shall meet all local, state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. 1 Revised:04/06 bh 20. Standard Specifications All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Special Provisions or other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly, paragraph by paragraph, or not. l. WSDOT "2006 Standard Specifications for Road,Bridge and Municipal Construction" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to State, State of Washington, Department of Transportation," "WSDOT," or any combination thereof in the WSDOT standards shall be modified to read "City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT standards shall be deleted and the measurement and payment provisions of Section 1-09 of the City of Renton Special Provisions,Measurement and Payment(added herein), and Section 1-09.14 shall govern. 21. If a soils investigation has been completed, a copy may be included as an appendix to this document. If one has not been provided for this project by the City or Engineer, the Bidders shall familiarize themselves adequately with the project site and existing subsurface condition as needed to submit their 1 bid. Upon approval of the City,the Bidder may make such subsurface explorations and investigations as they see fit. The Bidder shall be responsible for protection of all existing facilities, utilities and other buried or surface improvements and shall restore the site to the satisfaction of the City. 22 Bidder's Checklist ❑ It is the responsibility of each bidder to ascertain if all the documents listed on the attached index are included in their copy of the bid specifications. If documents are missing, it is the sole responsibility of the bidder to contact the City of Renton to obtain the missing documents prior to bid opening time. ❑ Have you submitted, as part of your bid, all documents marked in the index as "Submit With Bid"? ❑ Has bid bond or certified check been enclosed? ❑ Is the amount of the bid guaranty at least 5 percent of the total amount of bid including sales tax? ❑ Has the proposal been signed? ❑ Have you bid on ALL ITEMS and ALL SCHEDULES? ❑ Have you submitted the Subcontractors List(If required) ( ❑ Have you reviewed the Prevailing Wage Requirements? ❑ Have you certified receipt of addenda, if any? Revised:04/06 bh " E X A M P L E - SCHEDULE OF PRICES " This Example shows how the Schedule of Prices should be filled out. The prices are for illustration only, and do not represent actual unit prices for those items. The Unit Price for all bid items, all extensions, and Total amount of the bid must be filled in. Handwritten words and figures are acceptable (must be legible). FOR EACH BID ITEM 1 Write the Unit Price in words and figures (number). The words and figures must be equal. Example: Nine hundred dollars, $900.00. 2 Multiply the Quantity by the Unit Price, write the result in the "Amount' column as a figure. Example: Bid Item #2, 200 Linear Foot x$1.30 = $260.00 Bid Item#5, 0.40 Acres x$2000 per acre = $800.00 3 Add the Amounts for all bid items and write the result in the"Subtotal" column (example: $4,820.35). 4 Multiply the Subtotal by the Sales Tax, write the result on the "Sales Tax" line (when present). Example: $4,820.35 x 9.0% = $433.83 5 Add the Subtotal and the Sales Tax, write the result in the "TOTAL" column. RECHECK THE WORDS, FIGURES, AND MATH The bid may be rejected if the Unit Price (in words) is not the same as the Unit Price (in figures). EXAMPLE ITEM APPROX. ITEM NAME WITH UNIT PRICE UNIT PRICE AMOUNT NO. QUANTITY (Unit Prices to be written in words) (figure) (figure) 1. 1 Erosion Control Lump Sum $ Seven hundred dollars $ 700.00 $ 700.00 2. 200 Clear Fence Line Linear Foot $ One dollar and thirty cents $ 1.30 $ 260.00 3. 150 Topsoil Cubic Yard $ Three dollars $ 3.00 $ 450.00 4. 2 Chain Link Gate — Each $ One thousand two hundred dollars $ 1,200.00 $ 2,400.00 5. 0.40 Hydro-seed Acre $ Two thousand dollars $ 2,000.00 $ 800.00 6. 1 Restoration Lump Sum $ Two Hundred ten dollars and $ 210.35 $ 210.35 thirtyfive cents Subtotal $ 4,820.35 9.0% Sales Tax $ 433.83 TOTAL $ 5,254.18 06-Example Sched Prices.doc CAG-09-122 CITY OF RENTON CALL FOR BIDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 1 Sealed bids will be received until 3:00 p.m., Tuesday, June 30, 2009, at the City Clerk's office, 7`h floor, and will be opened and publicly read in conference room#511 on the 51h floor, Renton City Hall, 1055 South Grady Way, Renton WA 98057, for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009. The work to be performed within 25 working days from the date of commencement under this contract shall include, but not be limited to: removing sediment from the Maplewood Creek Sediment Basin and the Madsen Creek Sediment Basin. Work for each basin includes: constructing a flow bypass dam and diverting the creek into an existing bypass pipe, removing approximately 800 to 1,000 cy of sediment from each basin, hauling and disposing of the sediment off-site, restoring flow to the sediment basin and removing the bypass dam, vegetation maintenance in the Maplewood channel, restoration,including hydroseeding around each basin and cleanup. The Contractor will need to comply with the requirements of the Washington State Hydraulic Project Approval, and Army Corps of Engineers Nationwide Permit. The estimated project cost is $100,000 to$120,000. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. Bid documents will be available June 16, 2009. Plans, specifications,addenda, and the plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at http://www.bxwa.com. Click on"bxwa.com"; "Posted Projects","Public Works", "City of Renton", "Projects Bidding". You may need to install the"FastBid" software to view the projects. (Note: Bidders are encouraged to"Register as a Bidder," in order to receive automatic email notification of future addenda and to be placed on the"Bidders List.") Questions about the project shall be addressed to, Daniel Carey, City of Renton, Public Works, 1055 Grady Way, Fifth Floor, Renton, WA, 98057, phone(425) 430-7293, fax (425)430-7241, email Dcarey(d>,Rentonwa.,.,ov A certified check or bid bond in the amount of five percent (5%) of the total of each bid must accompany each bid. The City's Fair Practices,Non-Discrimination, and Americans with Disability Act Policies shall apply. eN144,a_* . . �1� Bonnie I. Walton, City Clerk Published. Daily Journal of Commerce June 16, 2009 Daily Journal of Commerce June 22, 2009 I - BID SECTION Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 The following documents must be submitted for the bid at the time noted in the Call For Bids, and must be executed by the Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. *Proposal and Combined Affidavit& Certificate Form: Non-Collusion, Anti-Trust Claims, and Minimum Wage Affidavit *Bid Bond Form *Schedule of Prices *Acknowledgement of Addenda **Subcontractors List (if required for project) * Submit with Bid ** Submit with Bid or within 24 hours of bid 22 Bidder's Checklist ❑ It is the responsibility of each bidder to ascertain if all the documents listed on the attached index are included in their copy of the bid specifications. If documents are missing, it is the sole responsibility of the bidder to contact the City of Renton to obtain the missing documents prior to bid opening time. ❑ Have you submitted, as part of your bid, all documents marked in the index as "Submit With Bid"? ❑ Has bid bond or certified check been enclosed? ❑ Is the amount of the bid guaranty at least 5 percent of the total amount of bid including sales tax? ❑ Has the proposal been signed? ❑ Have you bid on ALL ITEMS and ALL SCHEDULES? ❑ Have you submitted the Subcontractors List(If required) I ❑ Have you reviewed the Prevailing Wage Requirements? ❑ Have you certified receipt of addenda, if any? 07e BID SECTION.DOC\ Proposal—Page 1 of 2 CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 PROPOSAL TO THE CITY OF RENTON RENTON, WASHINGTON Ladies and/or Gentlemen: The undersigned hereby certify that the bidder has examined the site of the proposed work and have read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available, in accordance with the said plans, specifications and contract and the following schedule of rates and prices: (Note: Unit prices for all items, all extensions, and total amount of bid should be shown. Show unit prices both in writing and in figures.) The undersigned certifies and agrees to the following provisions: NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any 1 person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. IAND Page 17 Proposal Irovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale Proposal-Page 2 of 2 MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: PROPOSAL, NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT � YU1 IS C N ST12 y�T _ Name of Bidder's Firm Printed Name Ckj u►��^`� Signature Address: /G 3/ �o55 K� baJ&e 11 L-),A 980k t Names of Members of Partnership: OR Name of President of Corporation Name of Secretary of Corporation Corporation Organized under the laws of With Main Office in State of Washington at Subscribed and sworn to before me on this A(N day of,S ,26�L '�►EaY�'• !, Notary li and for the State of Washington it +i� G.•'''•tip•'''••� • �c, Notary (Print) a' p_&Bl1C : = My appointment expires: F27 Page 18 �rovided to Builders Exchange of WA, Inc, For usage Conditions Agreement see www.bxwa.com-Always Verify Scale Bond No. 70749924 BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of$ 5 0 of amount bid which amount is not less than five percent of the total bid. Signature Know All Men by These Presents: That we, Kamins Construction as Principal, and Western Surety Ccgnpany as Surety, are held and firmly bound unto the City of Renton, as Obligee, in the penal sum of 5 o Five percent of total amount bid Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators,successors and assigns,jointly and severally,by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for_ Maplewood Creek and Madsen Creek Sediment Basin Cleaning Proiect 2009 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. iSIGNED, SEALED AND DATED THIS 30th DAY OF June , 2009 By: Kam-ins Construction Principal By:� Western Surety Cou pany N:,choias B. Fix Surety Attorney-in-Fact R„jei-ved.return of deposit in the sum of S 09-B[DBOND.DW tProvided to Builders Exchange of WA, Inc. For usage Conditions Agreement see vwvw.bxwa.com-Always Verify Scale Western Surety Company POWER OIL ATTORNEY-CERTIFIED COPY Bond No. 70749924 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dalcota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make. constitute and appoint. Ni g r o).a s P. F i x its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred,to execute, acknowledge and deliver for and on its behalf as Surety,bond;for: Principal: Chad Kamins dba Kamins Construction Obligee: City of Renton Amotuit.: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attomey(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporatinn. 'MP sienatnrP ofany sTTrh oftirer and the corpnrat;�6PaIl Tray he printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of September 30 ono —but until such time shall be irrevocable and in full force and effect. In Witness Whereof;Western Surety Company has caused these presents to be signed by its Senior Vice President,Paul T.Bruflat, and its Corp to be affixed this 30th day of June 200.9 _ WESTaRSURE COMPANY _ /. Paul T.Brufla Senior Vice President ST�'2��{:K� -�'i'•'•Y a O'PA ss Co On this 3 0 t h day of June ,in Lhe:year 2007 ,lrefure une,a uuLar'y public,perauually aypear•ed Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. F•�♦�tir��tiatia�ro��wwtiw��; D. KRELL : r$ NOTARY PUBLIC + D EAL i�SOUTH DAKOTA S i Notary Public•South Dakota s �vV V�b�titi4�Vw��titi Vr�4\♦ My Commission Expires November 30,2012 I the und•orsigned officer of Western Surety Company,a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore, that Section 7 of the bylaws of the Company a-- set forth in the Pnwar of Attnrney is now in fnrcP. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 30 th _ ;+a� of June 2009 WEST R 'SURE "' COMPANY /. f Form F5306-9.2006 Paul T.Bruf tat?,,anor Vice Pres:dem: l lCITY OF RENTON Maplewood Creek And Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA NO. DATE: NO. DATE: NO. DATE: NO. DATE: NO. DATE: o SIGNED: TITLE: OC"3ti E IZ NAME OF COMPANY: P, VV-\ S C C) IQ ST�-U C:7r\G Q ADDRESS: f c1 S 1 s i-osS go CITY/STATE/ZIP: t'SO-q"P.l W F'k- cl BO TELEPHONE: 6 - �`j�o ' I1 Page 22 Acknowledgement of Receipt of Addenda Irovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale 1 SUBCONTRACTOR LIST Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 RCW 39.30.060 requires that for all public works contracts exceeding $1,000,000 the bidder shall submit the names of all subcontractors whose subcontract amount exceeds ten percent (10%) of the contract price, and whose work involves either heating, air conditioning, ventilation, plumbing, or electrical. If the subcontractors names are not submitted with the bid, or within 24 hours of the bid, the bid shall be considered nonresponsive and, therefore, void. Complete one of the following for contracts that exceed$1,000,000: A. There are no subcontractors proposed whose subcontract amount exceeds ten percent (10%) of the contract price. )) Name: !' �aNnth5 Title: �W Wert' Signature: B. The following subcontractor(s) subcontract amount exceeds 10 percent of the contract price: (list subcontractor and bid item) Bid Item(s) Subcontractor Name Address Phone No. State Contractor's License No. Bid Item (s) Subcontractor Name Address Phone No. State Contractor's License No. Bid Item (s) Subcontractor Name Address Phone No. State Contractor's License No. h:lfrle syslswp-surface water pro}ectslswp-27-surface water projects(cip)127-2057 maplewood hasinl,2009 pond cleaning11601 final spec-2009- maplwd112a-subcontractor list.doc Revised 7/2002 Page 23 Subcontractor List Irovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale Page 1 of 2 CITY OF RENTON MAPLEWOOD CREEK and MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2009 SCHEDULE OF PRICES Mote: Unit prices for all items,all extensions and total amount of bid must be shown. Show unit prices in both words and figures. Where conflict occurs the written or typed words shall prevail. See Special Provisions for Bid Item descriptions. ITEM APPROX. ITEM NAME WITH UNIT PRICE UNIT PRICE AMOUNT NO. QUANTITY (Unit Prices to be written in words) (figure) (figure) SCHEDULE A—Maplewood Basin 1.- 1 Mobilization Lump Sum Zion S-3q,cc) $ 14�xx) - L- 'r--�y r-.V\z 2.- 1 Construct Bypass Dam, Divert Creek, Rescue Fish, Drain Basin (�I Lump Sum $ G`\e PA ,sAcnj c ,� ll,,^,Arocj kour $ 1 Uy,00 $ � 10q,00 i 3.- 1 Remove, Haul, Dispose of Sediment Lump Sum $ F.�r.,�v ore s-I' e-\."l n ,e ko,\Jj$ 21 9(o CC $ 01 1 9 Q Six �/ six 4.- 1 Refill Bain, Remove Bypass Dam, Restore Banks Lump Sum $Da,t {(�vtssa orti� 11�,,;�r��� $ 1`7 $ 1 17 CO S't✓ci e.^�r s�X Items 5, 6, 7 Not Used For This Year 8.- 14 Vegetation Maintenaqce Areas Each $ +�C llvr_C��zit szu�e✓�ky s $ ���.� $ •3 6 : C'i"k G'1/00 9.- 3000 Hydroseeding (� Sq.Ft S -�-�,.��:.hrv� Ct��S $ $ 7�2-(1,GO 10.- 1 Minor Changes Lump Sum $ One Thousand Five Hundred Dollars $1,500.00 $1 500.00 Subtotal $ 3H 9� BE C(c 9.5%Sales Tax $ t '4 7 TOTAL SCHEDULE A $ I`1 1 3 10-SCHED PRFCES.doc Page 20 Schedule of Prices ovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verity Scale Page 2 of 2 CITY OF RENTON MAPLEWOOD CREEK SEDIMENT BASIN 2009 CLEANING PROJECT SCHEDULE OF PRICES Note: Unit prices for all items,all extensions and total amount of bid must be shown. Show unit prices in both words and figures. Where conflict occurs the written or typed words shall prevail. See Special Provisions for Bid Rem descriptions. ITEM APPROX. ITEM NAME WITH UNIT PRICE UNIT PRICE AMOUNT NO. QUANTITY (Unit Prices to be written in words) (figure) (figure) SCHEDULE B-Madsen Basin B-1. 1 Mobilization Lump Sum $;V i �'os K)Jred $ $ 4 B-2. 1 Construct By ass Dam, Divert Creek, Rescue Fish, Drain Basin 4 Lump Sum $c#Ne �L-.;,>c:,A c.Ne ko—, last r . 0 $$f tOC4,00 B-3. 1 Remove, Haul, Dispose of Sediment Lump Sum $+wchl< c.-e vicA f y .(; 00 $ 4 Six S X B-4. 1 Refill Basin, Remove Bypass Dam, Restore Banks A Lump Sum $ov-.c ku,\11rj $ I C,QQ $ l 176,0C) •S "c B-5. 1200 Hydre�seediLn�g� Sq.Ft $ Fcyu`-Ty' ttq�.f Cz,� $ , q8 $ S7� ,� IJ B-6. 1 Minor Changes Lump Sum $One Thousand Dollars $1,000.00 $1,000.00 Subtotal $ 3 Q 1, S Cc ,oo 9.5%Sales Tax $ a,?Q>y . TOTAL SCHEDULE B $ � TOTAL SCHEDULE A(from previous page) $ TOTAL SCHEDULE A and B $ 7 ( , ti 7 , y 3 V The bidder shalt bid on all bid schedule items of all schedules set forth in the bid forms to be considered responsive for award. 10-SCHFD PRICES.doc Page 21 �'rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale 2 — CONTRACT SECTION Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 The contract documents in this section must be executed and submitted by the successful Bidder within ten(10) days following the Notice of Award. ❖Bond to the City of Renton ' ❖Fair Practices Policy Affidavit of Compliance ❖Contract Agreement (Contracts other than Federal - Aid FHWA) ❖City of Renton Insurance Information Form ' ❖City of Renton Standard Endorsement Form ❖ Submit after Notice of Award ' 12c-CONTRACT SECTION.DOC\ KAM N co Ha �UCMoh KAMINC*928LD 19315 Ross Road ' Bothell, WA 98011 Phone 206-396-9115 Fax 877-710-9005 ' July 91h, 2009 ' To whom it may concern: Kamins Construction only authorizes Chad Kamins to sign any legal binding documents ' that may pertain to Kamins Construction. Sincerely, Chad Kamins ! Owner ! ! i ' ,ty CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE ST IR G Ci hereby confirms and declares that (Name of contractor/subcontractor/consultant) ' I. It is the policy of Y.k 11,A C0k)S iW m 00 to offer equal (Name of contractor/subcontractor/consultant) ' opportunity to all qualified employees and applicants for employment without regard to the race, creed,color, sex, national origin,age, disability or veteran status. ' II. 1 A)S Cr, CTGLt, (_'T )G L) complies with all applicable (Name of contractor/subcontractor/consultant) ' federal, state and local laws governing non-discrimination in employment. ' III. When applicable, J��j !JS will seek out and (Name of contractor/subcontractor/consultant) negotiate with minority and women contractors for the award of subcontracts. aki VIC,V.A- ' Print Agent/Representative's Name (( '0K) F—R- Print Agent/Representative's Title Agent/Representative's Signature y ' Date Signe H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\14-FAIR PRACTICE.DOC\ ' Bond No. 70758056 BOND TO THE CITY OF RENTON ' KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned C0 Io ST 2u CT i G ti ' as principal, and Western Surety CongPany corporation organized and existing under the laws of the State of S.Dakota as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of $71,437.43 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. ' This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. ' Dated at R E V14 v, , Washington,this day of J ,it , 2009 . Nevertheless,the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG-09-122 providing for construction of Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, and undertake to perform ' the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in ' the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City ' of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of ' Renton, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. ' i� �} Western Surety f��`�1 �,S CI6��rt' I�� � iCi Y Cccpany ' Principal Surety Signature Signature Attorney-in-Fact Title Title Nicholas B. Fix Bond not dated at request of owner. Signed and Sealed 7/15/09 1 1 Western SuretyCompany POWER OF ATTORNEY-CERTIFIED COPY 1 Bond No. 70758056 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws_ of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, 1 constitute and appoint. Nicholas B. F i x its true and lawful attorney(s)-in-fact,Kith full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: 1 Principal: Chad Kamins dba Kamins Construction Obligee: Cite of Renton 1 AmoLtnt-. $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety 1 Company which remains in full force and effect. "Section 7. All bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation shall be oxecutcd in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other 1 officers as the Board of Directors_may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The.qignature.of any such officer and the.mnrpnrate seal may he printed by facsimile." 1 All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of November 15 2009 ,but until such time shall be irrevocable and in full force and effect.. In Witness Whereof,Western Surety Company has caused these presents to be Signed by its Senior Vice President,Paul T.Bruflat, and its core #pal to be affixed this 15 t h day of Jul y 2009 WE8 SURE COMPANY Paul T.BruflatfSenior Vice President STP; �3F, QT S€IA 1 _s ss COUNW.i- 13A =W On this 15 t h day of July in the year 2009 before rue,a uutary public,persunAly app.dred Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of 1 WESTERN SURETY CG1,,1.PANY and acknowledged said instrument to be the voluntary act and deed of said corporation. r D. KRELL r NOTARY PUBLIC r SEAL i otary Public-South Dakota SOUTH DAKOTAj �v44..44titiS�VVV���ti�ti�\ti4 My Commission Expires November 30,2012 I the undcrsigncd officer of Western Surety company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as 1 set forth in the Power of Attorney is now in form.. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 15 th day of July 2009 , ' WE8 S1,RE COMPANY Paul T.Brufla • emor Vice President 1 Form F5306-9-2006 i CONTRACTS OTHER THAN FEDERAL-AID FHWA THIS AGREEMENT, made and entered into this 2.4 }k day of J Ji 2009 by and between THE CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Kamins Construction hereinafter referred to as "CONTRACTOR." ' WITNESSETH: ' 1) The Contractor shall within the time stipulated, (to-wit: within 25 working days from date of commencement hereof as required by the Contract, of which this agreement is a component part) perform all the work and services required to be performed, and provide ' and furnish all of the labor, materials, appliances, machines, tools, equipment, utility and transportation services necessary to perform the Contract, and shall complete the construction and installation work in a workmanlike manner, in connection with the City's Project (identified as No. SWP-27-2057 for improvement by construction and ' installation of: Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 ' Work as described in "Scope of Work"dated June 2009 , attached hereto. All the foregoing shall be timely performed, furnished,constructed, installed and completed in strict conformity with the plans and specifications, including any and all addenda issued by the City and all other documents hereinafter enumerated, and in full compliance with all applicable codes, ordinances and regulations of the City of Renton and any other ' governmental authority having jurisdiction thereover. It is further agreed and stipulated that all of said labor, materials, appliances, machines, tools, equipment and services shall be furnished and the construction installation performed and completed to the satisfaction and the approval of the City's Public Works Director as being in such conformity with the plans, ' specifications and all requirements of or arising under the Contract. The Contractor agrees to use recycled materials whenever practicable. ' 2) The aforesaid Contract, entered into by the acceptance of the Contractor's bid and signing of this agreement, consists of the following documents, all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if ' hereto attached. a) This Agreement b) Instruction to Bidders c) Bid Proposal d) Specifications ' e) Maps and Plans f) Bid g) Advertisement for Bids ' h) Special Provisions, if any i) Technical Specifications, if any 1 C 1-2009 ' 3) If the Contractor refuses or fails to prosecute the work or any part thereof, with such diligence as will insure its completion within the time specified in this Contract, or any extension in writing thereof, or fails to complete said work with such time, or if the ' Contractor shall be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver shall be appointed on account of the Contractor's insolvency, or if he or any of his subcontractors should violate any of the provisions of this Contract, the City may then serve written notice upon him and his surety of its intention to terminate the Contract,and unless within ten(10)days after the serving of such notice, such violation or non-compliance of any provision of the Contract shall cease and satisfactory arrangement for the correction thereof be made, this Contract, shall, upon the expiration of said ten (10) day period, cease and terminate in every respect. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety within fifteen (15) days after the serving upon it of such notice of termination does not perform the Contract or does not commence performance thereof, the City itself may take over the work under the Contract and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and his surety shall be liable to the City for any excess cost or other damages occasioned the City thereby. In such event, the City, if it so elects, may, without liability for so doing, take possession of and utilize in completing said Contract such materials, machinery, appliances, equipment, plants and other properties belonging to the Contractor as may be on site of the project and useful ' therein. 4) The foregoing provisions are in addition to and not in limitation of any other rights or ' remedies available to the City. 5) Contractor agrees and covenants to hold and save the City, its officers, agents, representatives and employees harmless and to promptly indemnify same from and against ' any and all claims, actions, damages, liability of every type and nature including all costs and legal expenses incurred by reason of any work arising under or in connection with the ' Contract to be performed hereunder, including loss of life, personal injury and/or damage to property arising from or out of any occurrence, omission or activity upon, on or about the premises worked upon or in any way relating to this Contract. This hold harmless and indemnification provision shall likewise apply for or on account of any patented or ' unpatented invention, process, article or appliance manufactured for use in the performance of the Contract, including its use by the City, unless otherwise specifically provided for in this Contract. ' The Contractor agrees to name the City as an additional insured on a noncontributory primary basis. In the event the City shall, without fault on its part, be made a party to any ' litigation commenced by or against Contractor, then Contractor shall proceed and hold the City harmless and he shall pay all costs, expenses and reasonable attorney's fees incurred or paid by the City in connection with such litigation. Furthermore, Contractor agrees to pay ' all costs, expenses and reasonable attorney's fees that may be incurred or paid by City in the enforcement of any of the covenants, provisions and agreements hereunder. ' Nothing herein shall require the Contractor to indemnify the City against and hold harmless the City, from claims, demands or suits based solely upon the conduct of the City, its officers or employees and provided further that if claims or suits are caused by or result from the concurrent negligence of(a)the Contractor's agents or employees and(b)the City, ' 2 C 1-2009 its agents, officers and employees, and involves those actions covered by RCW 4.24.115, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Contractor's negligence ' or the negligence of the Contractor's agents or employees. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers, the contractor's liability ' hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely ' for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. ' 6) Any notice from one party to the other party under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by its duly authorized representative of such party. Any such notice as heretofore specified shall be given by personal delivery ' thereof or by depositing same in the United States mail, postage prepaid, certified or registered mail. ' 7) The Contractor shall commence performance of the Contract no later than 10 calendar days after Contract final execution, and shall complete the full performance of the Contract not later than 25 working days from the date of commencement. For each and every ' working day of delay after the established day of completion, it is hereby stipulated and agreed that the damages to the City occasioned by said delay will be the sum of per Section 1-08.9 of Standard Specifications as liquidated damages(and not as a penalty)for each such day,which shall be paid by the Contractor to the City. ' 8) Neither the final certificate of payment not any provision in the Contract nor partial or entire use of any installation provided for by this Contract shall relieve the Contractor of ' liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one (1) ' year from the date of final acceptance of the work, unless a longer period is specified. The City will give notice of observed defects as heretofore specified with reasonable promptness after discovery thereof, and Contractor shall be obligated to take immediate steps to correct and remedy any such defect, fault or breach at the sole cost and expense of Contractor. Defective or Unauthorized Work. The City reserves its right to withhold payment from ' Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. ' If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the ' maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. 3 C 1-2009 ' The Contractor agrees the above one year limitation shall not exclude or diminish the City's rights under any law to obtain damages and recover costs resulting from defective and unauthorized work discovered after one year but prior to the expiration of the legal time ' period set forth in RCW 4.16.040 limiting actions upon a contract in writing, or liability expressed or implied arising out of a written agreement. ' Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND ' PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. ' 9) The Contractor and each subcontractor, if any, shall submit to the City such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records and miscellaneous data pertaining to the Contract as may be requested by the City from time to ' time. 10) The Contractor shall furnish a surety bond or bonds as security for the faithful performance of the Contract, including the payment of all persons and firms performing labor on the construction project under this Contract or furnishing materials in connection with this Contract; said bond to be in the full amount of the Contract price as specified in Paragraph 12. The surety or sureties on such bond or bonds must be duly licensed as a surety in the ' State of Washington. 11) The Contractor shall verify, when submitting first payment invoice and annually thereafter, ' possession of a current City of Renton business license while conducting work for the City. The Contractor shall require, and provide verification upon request, that all subcontractors participating in a City project possess a current City of Renton business license. The ' Contractor shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. 12) The total amount of this contract is the sum of $71,437.43 numbers Seventy One Thousand,four hundred thirty seven dollars and 43 cents written words ' including Washington State Sales Tax. Payments will be made to Contractor as specified in the "Special Provisions" of this Contract. 13) INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. ' 14) LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE ' STATUTORY LIMITATIONS PERIOD. 15) Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option 4 C I-2009 ' conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. ' 16) Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. ' Any written notice hereunder shall become effective three(3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter ' specified in writing. 17) Assignment. Any assignment of this Agreement by either party without the written consent ' of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. ' 18) Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the city and Contractor. 19) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become ' applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. ' 20) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. ' IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above-written. CONTRACTOR `, CITY OFF ON r� ' �' ' President/Partner/Owner Mayor enis Law ATTEST ' Secretary Bonnie I . Walton, City Clerk dba ' Firm Name TO ndividual ❑ Partnership ❑ Corporation Incorporated in 5 C I-�Ot19 1 CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 ' SWP-27-2057 iRETAINAGE SELECTION Per Standard Specifications Section 1-09.9(1)Retainage, and RCW 60.28, a sum of 5-percent of the ' monies earned by the Contractor will be retained from progress estimates. The retainage will be used as a trust fund for the protection and payment of(1)the State with respect to taxes, and(2)the claims of any person arising under the Contract. The Contractor shall select one of the options below for the retainage fund(check one): ' 1. Retained in a fund held by the City(non-interest bearing), or _ 2. Deposited by the City in an escrow account(interest bearing) in a bank, mutual savings bank, or savings and loan association. Deposits will be in the name of the City and are not allowed to be withdrawn without the City's written authorization. 3. The City, at it's option, may accept a bond from the Contractor in lieu of retainage. If the Contractor selects option 2 or 3 it is fully responsible for selecting the bank or association to be ' used, and for making all arrangements and paying all costs associated with that option. All arrangements and forms needed for option 2 or 3 shall be submitted to the City for review and approval. Release of the Retainage will be made 60 days following the Completion Date provided the conditions in Special Provisions Section I-09.9(1), and applicable State Regulations,are met. SIGNED: .� PRINT NAME: ' COMPANY: , ' DATE: ' Client#:57239 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 07/14109°"T'") PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' Bell-Anderson Ins-Bellevue C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 40509 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 11201 S. E.8TH ST.,SUITE 100 Bellevue,WA 98015-4509 INSURERS AFFORDING COVERAGE NAIC# ' INSURED INSURERA: The Ohio Casualty Insurance Co. Chad Kamins INSURER B: Dba: Kamins Construction INSURER C: ' 19315 Ross Rd INSURER D: Bothell,WA 98011 INSURER E: I -A COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ' ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECT NE POLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE M /DD/YY LIMITS A GENERAL LIABILITY BHO53745556 06/04/09 06/04/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 CLAIMS MADE 51 OCCUR MED EXP(Any one person) $10 000 X $250 PD Ded PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2 00O 000 POLICY X JE7 LOC ' A AUTOMOBILE LIABILITY BA053745556 06/04/09 06/04/10 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ' A EXCESSIUMBRELLA LIABILITY US053745556 07/15/09 06/04/10 EACH OCCURRENCE $1 000 000 X OCCUR ❑CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE $ ' X RETENTION $$10 000 $ WORKERS COMPENSATION AND CT053745556 07/15/09 06/04/10 DRYWC STLIMITS I I ER ATUS OTH- A EMPLOYERS'LIABILITY -WA Stop Gap- E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ' OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS RE: Ongoing Operations of the Named Insured Only. The City of Renton,and its officers,officials,agents,employees and volunteers are additional insured for general liability,but only if required by written contract or written agreement per General (See Attached Descriptions) ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Renton DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 49i DAYS WRITTEN ' Attn: Pauli Sulky-H R&RM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1055 South Grady Way IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Renton,WA 98057 1 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ' ACORD 25 2001/08 © ACORD CORPORATION 1988 ( )1 of 3 #S228819/M228818 GSS IMPORTANT ' If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer fights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may ' require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ' DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S(2001/08) 2 of 3 #S228819/M228818 ' DESCRIPTIONS (Continued from Page 1) Liability Master Pak Blanket Additional Insured provision CG8415 12/03. ' Waiver of Transfer of Rights of Recovery Against Others per General Liability Master Pack CG8415 12/03. General Liability coverage provided to the Certificate Holder will be Primary and Non-Contributory per General ' Liability Master Pak CG8415 12/03. *THIS CERTIFICATE CORRECTS&REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED 7/10/09* AMS 25.3(2001108) 3 of 3 #S228819/M228818 COMMERCIAL GENERAL LIABILITY i. BLANKET ADDITIONAL INSURED(Owners,Lessees,Contractors or Lessors) CG 841512 03 (Includes a Nmarp4on-Contribvtoty provision) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, Who hi An dnvrad-Section II to amended to Include as an insured any person or organlratbn whom you are required to name as an additional Insured on this policy in a wrtten contract or wri ten agreement The wAten oorrtraC or wrtten GENERAL LIABILITY agreerent must be ounndy in~or becoming effective during the term of this poky and eroec clad prior to the MASTER PAK 0 "bodily injury,"•property damage"or'personal and advertktng injury' FOR ARTISAN CONTRACTORS The insu<anoe provided the additional insured Is fimiled as fotbvAL A- The person or organization is only an additional insured with respect to liability: xdorsement modHies Insurance provided under the following: 1. Artsing out of real property,as described in a written o0rntract or written agreement,that you own,rerrt, MERCLAL GENERAL LIABILITY COVERAGE PART tam or occupy:Or INDEX 2, Caused in what Or in pail try your ongoing operebons performed for"insured. IECT PAGE The irmurance provided the additional insured in 1 JL2 above does not apply tn: IKET ADDRIONAL.INSURED(OWNERS.LESSEES,CONTRACTORS OR LESSORS) 2 a. Coverage A-Bodily Injury and rr'oWty Damage t 3at>sity,Coverage B-Personal and Advertising Injury Lk&lky or defense oowrage under the SuppWrxK<a y Payments arising LIGHTNING,EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3 out of an arc hitecrs,engineers or Surveyors rendering of or fathre to render any professional services Inclu iv. OWNED WATERCRAFT 4 (1) The PneParklg,approving,or fang to prepare or aDProve maps,shop drawings• )LEMENTARY PAYMENTS(BAIL.BONDS) 4 opinions,reports,surveys,field orders,change Orders or drawings and spec+fieatlons; and TONAL AND ADVERTISNG KJURY-ELECTRONIC PUBLICATION EXTENSION S (2) SupervisOry,inspection,arcitiledural or engneeMg adivRies. REGATE LWiTS(PER LOCATK" 5 b. 'Bod9y injury'or*property damage'occurring after. REGATE LIMITS(PER PROJECT) 6 (1) At work ilcktding materials.parts or equipment furnished in connection with such wodc. JNTARY PROPERTY DAMAGE COVERAGE 6 on the project(~than service,mafrrienance or repairs)were performed by or on b&AIf of the additional insure M at the ske where the covered operations have been PREMISES CARE.CUSTODY OR CONTROL COVERAGE 6 completed;or LY FORMED OR ACQUIRED ORGANIZATIONS 7 (2) That portion of"yourwoW out of which the njury or damage arises has been put to Its intended use by any person or organization other than another contractor or ES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 subcontractor engaged in performing operations for a principal as part of the same project ILY INJURY(RENTAL ANGUISH) 8 B. The dlnRs of Insurance ap0ioal7le to the additional insured are those specified in a vvr#ert rbrntrad or written fER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8 agreement or the kr is of Insurance as stated in the Declarations of this policy and defined in Section IN- Limb Of trMENUM of this pokey,whichever am less.These limits are ixtusive of and not in addition to the )CAL PAYMENT'S tt limits of inswvnce available uncWthis poricy. TRACTORS AMENDMENT OF POLLUTION EXCLUSION(JOB SITE) 8 C. The hrAre nce provided the additional insured does not Wply to the liability resulting from the sole negligence of the additional insured. includes copyrighted maferiai of ISO Properties,Inc.,with its permission. 1415 12 03 ISO Properties,Inc,,2003 - Page i of 8 Incjudes copyrighted material of ISO Properties,Inc..with its permission. CO 941512 03 ISO Properties,Inc.,2003 Page 2 of 8 D. As respects the coverage provided to the additional insured unnderthis endorsement,Section fV-Conditions is e. Paragraph 6.of Section M-Limits Of Insurance is replaced bythe fb3ov&g: amended as follows; G. Subject to&above,the Damage To Prwnkm Rented To You Unfit shown in the Summary of 1, The following is added to Condbbon P.Duties In The Evatt Of Occurrence,Offense,Claim,or Suit Limits and Charges section of this policy is the moat we v ifl pay under Coverage A for damages An additional nsured underthe erndorsement will as soon as practicable. because of'property damage"to premises rented to you or temporarily Occupied by you with the pertnisslon ofthe owner arising out of any one fire,lightning,'explosion'or sprinkler leakage incident. a. Give written notice of an'occurrence*or an offense,that may result in a claim or'swr under this Insurance to us; C. Paragraph b.(1)(b)of CoMktnon 4.Other Msurance(Section N—Conditions)is replaced by the following: b Tanderthe defense and indemnl y of any claim or'sur to all Insurers whom also have Insurance avaiable to the additional insued;and 0) That is Fire,Lightning,Exp?osion or Sprinkler Leakage insurance far premises retried to YOU or temporarily occupied by you with the permission of the owner, C. Agree to make available arty other insurance which the additional insured has for a loss we cover under this Coverage Part. D. Paragraph 9a.of the definition of"leisured con racr in Section V-Def irdtions is replaced by the following: 2. The following is added to Ca ndih'on 3.Legal Artdon Agalnat Us: 9. "Insured contract'means: We have no duty to defend or indemnify an additional insured under this endorsement urriii we receive written notice of a claim or'su4"from the additional insured. a. A contract for the lease of premises.However,that portion of the Contract for a lease of premises Umt indemnities any person or organization for damages by tire,ightneng, 3. The following is added to Paragraph a.,Primary Insurance of Contition 4.Other Insurance: "explosion'or sprinkler leakage to premises white rented to you or temponanty occupied by you with the permission of the owner is not an Snsured contract; If the additional Insured's policy has an Other Insurance provision making its policy excess,and a Named Irmwed has agreed in a written contract orwrtUen agreement to provide the additional insured E. The following definition is added to Section V-Definitions: coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek corrbiDution from the additional imured's policy for damages we rover. 'Explosion'means a sudden release of expanding pressure accompanied by a noise,a bursting forth o material and evidence of the siring of debris to locations further than would have resvited by gravity 4. The following is added to Paragraph b„Excess Insurance of Condition 4.Other irrsrrance: alone. Except as provided In Paragraph 4a.Primary Insurance as amended above,arty coverage provided "Explosion'does not include any of the following: hereunder shall be excess over any other valid and ccilectible insurance available to the additonai insured whether primary,excess,contingent or on any otherbasis.In the event an additional insured has 1. Artificially generated electrical current including electrical arcing that disturbs electrical Mar coverage available for an'oavmance'by virtue of also being an additional insured on other devices,appilancas or wires; policies,this insurances excess over those other policies. 2. Rupture or bursting of water pipes: FIRE,LIGHTNING,E)WtDSdON AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU R£NT 3. EVlosion of steam boilers,steam pipes,steam engines or steam turbines owned or meow by you,or operated under your control or If Damage To Proms Rented To You under Coverage A is not otherwise excluded ham this policy,the following appiies: 4 Rupture or bursting caused by Cent ffugai force. A. The last paragraph of 2.Exclusions of Section 1-Coverage A is replaced by the following: 3. NON-OWNED WATERCRAFT If Damage To Premises Rented To You is not otherwise excluded,Exclusions C.through n.do not $Ul agraph g.(2)of Paragraph 2,Exclusions of Section I-Coverage A is replaced by the following: apply to damage by tire,lghtnhV,"explosion"or sprinkler leakage to premises whEe rented to you or temporarily occupied by you with permission offt owner. A separate Emit aF tnsuranee applies to this (2) A watercraft you do not own that is: coverage as described in Section V-Limits Of Insurance. (a) Less than 51feet long:and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS n the Supplementary Payments-Coverages A and B prOV60n: The gmit for the cost of bat bonds in Paragraph 1.b.Is changed from$2S0 to$1o0a. Includes copyrighted material of 150 Properties,Inc.,with its permission. $1612 03 ISO Properties.Inc.,2003 Page a of a includes oopyrighted material of ISO Properties,Inc,.with is permission. CG 64 15 12 03 ISO Properties,krc.,2003 Page 4 of 8 PERSONAL AND ADVERTISING INJURY.ELECTRONIC PUBLICATION EXTENSION 8. VOLUNTARY PROPERTY DAMAGE COVERAGE Paragraphs 14.b.,d.and a.of Section V-Definitions are replaced by the following. At your request,we will pay for 9oW to property of others caused by your business operations. The most we will pay for this coverage is$500 each"occurrence' The"loss"must occur cluing the policy period. The"occurrence"must take b. Malicious prosecution or abuse of process; place in the'coverage terrW. d. Oral,written,televised,videotaped or electronic publication of material that slanders or libels a person or "Loss"means unintended damage or destruction. 'Loss"does not mean disappearance,ab sb ion or theft organization or disparages a persnn's or organizatlon's goods,products or services; This coverage does not apply to: e. Oral,wnUen,televised,videotaped or electronic publication of material that violates a person's right of Privacy, 1. Damage arising out of the use of any'auW; 2 Property you own,occupy,nerd or tease from others;or The fdlowIng is added to Paragraph 14."Personal and Advertising Injury'of Section V-Definitions: 3. Property on your premises for sate.service,repair or storage. th Discrimination or humiliation that results in Injury to the few or reputation of a natn-W person,but None of the other policy exclusions apply to this coverage. only if such discrimination or hcnnr'itatlon is: If the porgy to which this endorsement Is attached is written with a property damage 58bif3y deductible,the deductible (1) Not done intentionally by or at the direction of: shall apply to voturitary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. (a) An insured;or (b) Airy"wwcutive officer"director,stockholder,partner or member of the insured;and 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE (2) No(direclly or indirectly related to the empkryr rert,prospective emptoymerd orterry*wban of A. We wilt pay those sums that you beoome legally obligated to pay as damages because of"property damage to employment of arty person or persons by any insured. personal property of others while in your or your"employees"care,custody or control Or real property of others osier which you or your"employees"are exercising physical control if the-property damage"arises out of your Subparagraphs b.and c.of 2.,Exclusions of Section I•Coverage B-Personal And Advedbdng Injury Liabirty are business operations.This Coverage is subject to sections&,0,D.and E below. replaced by the following: B. Fxctusions b. Material Published Wdh Knowledge Of Falsity This insurance shah not appyta: "Parsoneb and advertising injury"Iris ng out of oral,written,televised,videotaped or electronic publication of material,if done by or at the direction of the insured with knowledge of Its falsity; 1. -Property damage"of property at premises owned.rented,teased,operated or used by you; 2. "Property damage"of property whbk in transit C. Material Published Prior To Policy Period 3. The cost of repafrbV or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf;or -Personai and adwAising injury'arising out of oral,written,televised,videotaped or electronic (b) Any product manufactured,sold or supplied by you,unless the"property damage'is caused publication of material whose first publication took place before the beginmrp of the poky period; directly by you after delivery of the product or completion of the work and resulting from a subsequent undertakis or AGGREGATE LIMITS OF INSURANCE(PER LOCATION) 4. "Property damage"of property caused by orart*V out of the"products-completed operations hazard'. The General Aggregate Limit under Section 11 Limits Of Irstarance applies separately to each of your'locations" C. LimtS Of Insurance-The most we will pay for'Property damage"under this Section 9.is 325.0W for each owned by or rented to you or temporarily occupied by you with the permission of the owner. 'occurrence". The most we will pay for the sum of all damages covered under this Section S.because of "property damage"is an annual aggregate limit of S25,000. 'Locallon"means premises involving the same or connecting lots,or premises whose connection is interrupted only by a street,roadway,waterway cr right-of way of a railroad. The Limits Of Insurance pro ed under this Section 9.are inclusive of and not In addition to any other limits provided in the policy or enulorsemeits attached to IL AGGREGATE LIMITS OF INSURANCE(PER PROJECT) D. Deductible-YJB wrT not pay for'Property damage'in cry one"occurrence"emtrl the amount ofproperty The General Aggregate Lim t under Section 19 Lkrft Of Insurance applies Separately to each of your projects away damage'exceeds$250. Nthe Policy to which this endorsernent is affactred eattabns a'property damage" from premises arced by or rented to you. deductible,that deductible shall apply Fir is greater than$250. E. In the event of"property damage'covered by this endorsement,you shall,if requested by us,replace the Property orfumish the tabor and its necessafy for repairs thereto at your actual cost.0OUdli rg profit or overhead charges. Includes copyrighted material of ISO Properties,Inc,,with its permission. 941612 03 ISO Properties,Inc,,2003 Page 5 of 8 Includes copyrighted material of tSO Properties,Inc.,with its pem*d_ on. CG 841512 03 ISO Properties,fine.,2003 Page 6 of a NEWLY FORMED OR ACQUIRED ORGANIZATIONS 12. BODILY INJURY A. Paragraph 4.of Section II-Who Is An Insured is deleted and replaced by the following: Paragraph 3.of the definition of'twd5ly injury'in the Section V-Definitions is replaced by the following: 4. Any business entity eowAvd by you or incorporated or organized by you under the laws of any individual 3. "Bodily injury"means bodily injury,sickness or disease sustained by a person,including mantel anguish state of the United Stales of America over which you maittaM mej"ownership interest exceading fifty or death resulting percent Such acquired or newly formed organization will query as a Named Insured if there is no from any of these et airy time. similar insurance available to that entity.However. I I WAIVER OF TRANSFER OF RIMITS.OF RECOVERY AGAINST OTHERS a. Coverage under this provision applies only until the eViaation of the policy period in which the We have it*right or in rtg to recover"payments from ariyorte liable for an Injury cowered by this policy. We will not enforce was entity acquiredincorporated or organzed by you. our right against any person or organization forwwhom you perform work under a written c r&act that requires you to b. Coverage A does not apply to-bodity injury('or'propefty damage'that occurred before the entty obtain this agreement from us. was acquired or incorporated or organized by you. This agreement shelf not operate di ectly or indirectly to benefit anyone not named in the agreement- C. Coverage B does not apply to"personal and advertising injury'arising out ofan offense 14. MEDICAL PAYMENTS committed before the entity was acquired or Incorporated or organized by you. If Coverage C Medical Payments is not othetwse excluded,the Medical Expense Limit provided by this policyshall be d. Records and deSCrIptlonS of operations must be maintained by the first Named Insured, the greater of: B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by A. $10,WO1 or provsiom of the Coverage Part or by other endorsements)attached to iL B. The amount shown In the Oedarations. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT ia. CONTRACTORS AMENDMENT OF POLLUTION EXCLUSION(JOB SITES) A. The requirements it Section IV-C:oncliti ns,Paragraph 2a.,that you must see to it that we are rwtified of an The folovving is adduct to Subparagraph f.(1)(d)of Paragraph 2.,Exclusion f.of Section t "occurrence"applies only when the"occurrence"is known to: t. You R you are an in6vtdual; CM -Bodily injury'or-property damage"to tangible property sustained outside a b uitdng and caused by the 2. A partner,it you area individual; partnership; release brought to any Premises,site or location In connection with operations being pe by you y0 by a oon4rador or subcontractor. 3. A member or manager,if you are a united IiabiRy company, 4. An executive officer or designee,If you are a corporation; As used in this endorsement,the release of"po0utants': S. A trustee,if you are a trust;or 6. A designee,if you are arty other type of organization. (aa) Begins on a cleanly identifiable specific day during the policy period and ends in its entirety not B. The requim ments in Saction IV-Conditions Paragraph 2.b.that later than severity-two(72)hours themallm, you must sae to rt that we receive written notice of a daim or"suit"will not be Considered breached unless the breach occurs after such daim or"suit"is (bb) Is discovered and reported to us within fifteen(15)days of the specific day it begins; known to: (cc) Is neither expected nor intended from the standpoint of arty insured: t. You,if you are an indMdual; 2. A partner,If you are a partnership; (dd) Is unrelated to any previous discharge,dispersal,seepage,migration,release or escape:and 3. A member or manager if you are a limited§ability company; 4. An executive officer or designee,if you are a corporation; (as) Does not originate at or from at storage tank or ottwr container,duct or which is below the piping 5. A trustee,V you are a trust;or 9Urface of the ground orwrater orwhIch at any time has been tarried under the surface of the B. A designee,if you are any other type of organization. round or water and then s sub sequently tisequertly exposed by erasion,excavation or any outer means. Knowledge of an"occurrence,'delm or"suit'by the agent,servant or"employee"of any insured shall not in itself As used in this endorsemant tangible property does not include water or land,which is below ground level or not. constitute knowledge of the Insured unless an officer ordesignee shall have received notice from Its agent,servant or �employee'- Coverage pnovIded hersunderdoes not appyto any discharge,dispersal,seepage,migration,release or escape that is me"threatened or alleged rattier then Shown 10 have actually Occurred. AN otherterrors and conditions of your policy remain unchanged. includes wpyriginied material of ISO Properties,Inc.,with its permission. Includes copyrighted material of ISO Properties,Inc.,with its permission. CG 941512 03 ISO Properties,Inc.,2003 Page a of a 1115 12 03 ISO Properties,Inc:,,2003 Page 7 of 8 INSURANCE INFORMATION � and REQUIREMENTS 1 1 1 1 1 1 1 1 i 1 1 1 Insurance Requirements For City of Renton ' The City of Renton requires the industry standard: 1 • $1,000,000 Commercial General Liability, with$2,000,000 in the aggregate • $1,000,000 Auto Liability(Needed if a vehicle will be used in performance of work. This would include delivery ofproducts to worksite) 1 • $1,000,000 Excess Liability(if required in contract; can be in tandem with CGL) • Proof of Workers' Compensation coverage (provide the number) • $1,000,000 Professional Liability(if required in contract) 1 Requirements unique to the City of Renton: • Name the City of Renton as a Primary and Non-contributory Additional 1 Insured on the policy 0 Due to a statement found at the upper right of the ACORD form, please provide the endorsement yatze(s) from the nolicy(ies),evidencing Primary &Non- contributory coverage • Modify the cancellation clause to state: "Should any of the above described policies be canceled before the ' expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder to the left."- per RCW 48.18.290. • Put descriptive text of the project in the"Description of Operations"box 1 • The certificate holder should read: City of Renton ATTN: {enter your City contact's name here} 1 1055 South Grady Way Renton, WA. 98057 • For expeditious review and approval, please forward the Certificate of Insurance 1 and pertinent endorsement page(s)to: City of Renton ATTN: Pauli Sulky—HR&RM 1 1055 South Grady Way Renton, WA. 98057 1 Direct any questions, comments or concerns to: Pauli Sulky— 425.430.7661/desk 425.430.7650/main 425.430.7665/fax 1 psulky@rentonwa.gov 1 1 t t t � PREVAILING MINIMUM � HOURLY WAGE RATES 1 1 1 i 1 1 1 1 1 1 CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: Ref: Pay Estimate No. Final Project_Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2009 SWP-27-2057 CAG No. CAG- This is to certify that the prevailing wages have been paid to our employees and our subcontractors' employees for the period from through in accordance with the Statements of Intent to Pay Prevailing Wage filed with the Washington State Department of Labor & Industries. This form will be executed and submitted to the City of Renton 1 prior to or with the last pay request. Company Name ' By: 1 Title: List of Subcontractors Used on the Project: 18a-C ity-Prevail-W agesForm.doc\ r W I z W 0 z W a 0 0 ' 1 INTRODUCTION 2 The following Amendments and Special Provisions shall be used in conjunction with the ' 3 2006 Standard Specifications for Road, Bridge, and Municipal Construction. 4 5 AMENDMENTS TO THE STANDARD SPECIFICATIONS ' 6 7 The following Amendments to the Standard Specifications are made a part of this contract 8 and supersede any conflicting provisions of the Standard Specifications. For informational 9 purposes, the date following each Amendment title indicates the implementation date of the 10 Amendment or the latest date of revision. 11 ' 12 Each Amendment contains all current revisions to the applicable section of the Standard 13 Specifications and may include references which do not apply to this particular project. 14 ' 15 INTRODUCTION 16 The following Amendments and Special Provisions shall be used in conjunction with the ' 17 2006 Standard Specifications for Road, Bridge, and Municipal Construction. 18 19 This project is designed in metric units. Among the Special Provisions contained in this 20 project are revisions to sections within Divisions 1, 6, 7 and 9 that provide conversion 21 methods and charts needed to administer this project utilizing the 2004 Standard 22 Specifications, 23 24 AMENDMENTS TO THE STANDARD SPECIFICATIONS 25 26 The following Amendments to the Standard Specifications are made a part of this contract ' 27 and supersede any conflicting provisions of the Standard Specifications. For informational 28 purposes, the date following each Amendment title indicates the implementation date of the 29 Amendment or the latest date of revision. 30 31 Each Amendment contains all current revisions to the applicable section of the Standard 32 Specifications and may include references which do not apply to this particular project. 33 34 SECTION 1-04, SCOPE OF THE WORK 35 April 3, 2006 36 1-04.6 Variation in Estimated Quantities 37 The third paragraph beginning with "If the adjusted final quantity of any items", is revised to ' 38 read: 39 40 If the adjusted final quantity of any item does not vary from the quantity shown in the ' 41 proposal by more than 25%, then the Contractor and the Contracting Agency agree that 42 all work under that item will be performed at the original contract unit price. 43 44 SECTION 1-06, CONTROL OF MATERIAL ' 45 April 3, 2006 46 1-06.1 Approval of Materials Prior To Use 47 The second sentence in the first paragraph is revised to read: TEST2 1 , 2 The Contractor shall use the Qualified Product List (QPL), the Aggregate Source 3 Approval (ASA) Database, or the Request for Approval of Material (RAM) form. , 4 5 Number 1 under the second paragraph is revised to read: 6 7 1. Shall be new, unless the Special Provisions or Standard Specifications permit ' 8 otherwise; 9 10 1-06.1(1) Qualified Products List (QPL) ' 11 This section is supplemented with the following: 12 13 The current QPL can be accessed on-line at www.wsdot.wa.gov/biz/mats/QPL/QPL.cfm 14 15 The following new sub-section is inserted to follow 1-06.1(2). 16 '17 1-06.1(3) Aggregate Source Approval(ASA) Database 18 The ASA is a database containing the results of WSDOT preliminary testing of 19 aggregate sources. This database is used by the Contracting Agency to indicate the , 20 approval status of these aggregate sources for applications that require preliminary 21 testing as defined in the contract. The ASA 'Aggregate Source Approval Report' 22 identifies the currently approved applications for each aggregate source listed. The 23 acceptance and use of these aggregates is contingent upon additional job sampling 24 and/or documentation. 25 '26 Aggregates approved for applications on the ASA 'Aggregate Source Approval Report' 27 not conforming to the specifications, not fulfilling the acceptance requirements, or 28 improperly handled or installed, shall be replaced at the Contractor's expense. 29 30 For questions regarding the approval status of an aggregate source, contact the 31 WSDOT Regional Materials Engineer for the Region the source is located in. The 32 Contracting Agency reserves the right to make revisions to the ASA database at ' 33 anytime. 34 35 If there is a conflict between the ASA database and the contract, then the contract shall ' 36 take precedence over the ASA database in accordance with Section 1-04.2. The ASA 37 database can be accessed on-line at www.wsdot.wa.gov/biz/mats/ASA 38 ' 1 TEST2 2 City of i � CITY OF RENTON � SPECIAL PROVISIONS 1 1 1 1 1 1 1 1 1 1 1 City of Renton SPECIAL PROVISIONS SPECIAL PROVISIONS ............................................................................. 9 1-01 DEFINITIONS AND TERMS............................................................ 9 1-01.1 General............................................................................................... 9 1-01.3 Definitions......................................................................................... 9 1-02...BID PROCEDURES AND CONDITIONS................................... 11 ' 1-02.6 Preparation of Proposal................................................................ 11 1-02.6(1) Proprietary Information .......................................................... 11 1-02.12 Public Opening of Proposals....................................................... 11 1-03 AWARD AND EXECUTION OF CONTRACT ............................ 11 ' 1-03.1 Consideration of bids .................................................................... 11 1-03.2 Award of Contract......................................................................... 11 ' 1-03.3 Execution of Contract ................................................................... 12 ' 1-04 SCOPE OF WORK.......................................................................... 12 1-04.2 Coordination of Contract Documents... ..................................... 12 1-04.3 Contractor-Discovered Discrepancies ......................................... 12 1-04.4 Changes........................................................................................... 13 ' 1-04.8 Progress Estimates and Payments................................................ 13 1-04.11 Final Cleanup............................................................................... 13 1-05 CONTROL OF WORK.................................................................... 13 1-05.4 Conformity With and Deviation from Plans and Stakes ........... 13 ' 1-05.4(3) Contractor Supplied Surveying............................................... 14 1-05.4(4) Contractor Provided As-Built Information............................ 15 1-05.7 Removal of Defective and Unauthorized Work.......................... 15 ' 1-05.11(3) Operational Testing................................................................. 17 1-05.14 Cooperation with Other Contractors ........................................ 17 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc1 1-05.18 Contractor's Daily Diary ............................................................ 18 1 1-06 CONTROL OF MATERIAL........................................................... 19 1-06.1 Approval of Materials Prior to Use.............................................. 19 ' 1-06.2(1) Samples and Tests for Acceptance........................................... 19 ' 1-06.2(2) Statistical Evaluation of Materials for Acceptance................ 19 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE ' PUBLIC........................................................................................................ 19 1-07.1 Laws to be Observed ..................................................................... 19 ' 1-07.6 Permits and Licenses..................................................................... 19 1-07.9(5) Required Documents ................................................................ 20 ' 1-07.11(11) City of Renton Affidavit of Compliance.............................. 20 1-07.12 Federal Agency Inspection.......................................................... 20 ' 1-07.13(1) General..................................................................................... 20 1-07.16(1) Private/Public Property.......................................................... 21 , 1-07.17 Utilities and Similar Facilities .................................................... 22 1-07.17(1) Interruption of Services.......................................................... 23 1-07.18 Public Liability and Property Damage Insurance ................... 23 1-07.22 Use of Explosives.......................................................................... 26 ' 1-07.23(1) Construction Under Traffic ................................................... 26 ' 1-08 PROSECUTION AND PROGRESS............................................... 28 1-08.0 Preliminary Matters...................................................................... 28 ' 1-08.0(1) Preconstruction Conference..................................................... 28 1-08.1 Subcontracting............................................................................... 29 ' 1-08.2 Assignment .....................................................................................30 1-08.3 Progress Schedule.......................................................................... 30 ' 1-08.5 Time For Completion.................................................................... 31 1-08.6 Suspension of Work.......................................................................32 ' 1-08.9 Liquidated Damages...................................................................... 32 , 1-08.11 Contractor's Plant and Equipment............................................ 33 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond CleaningA601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc2 ' 1-08.12 Attention to Work........................................................................33 1-09 MEASUREMENT AND PAYMENT..............................................33 1-09.1 Measurement of Quantities ..........................................................33 ' 1-09.3 Scope of Payment...........................................................................34 1-09.7 Mobilization ...................................................................................35 ' 1-09.9 Payments.........................................................................................35 1-09.9(1) Retainage ...................................................................................35 1-09.11(2) Claims.......................................................................................37 1-09.13(3)B Procedures to Pursue Arbitration....................................... 38 ' 1-09.14 Payment Schedule (New Section)...............................................38 1-10 TEMPORARY TRAFFIC CONTROL..........................................40 ' 1-10.1 General ........................................................................................... 40 1-10.2(1)B Traffic Control Supervisor.................................................... 41 1-10.2(2) Traffic Control Plans ................................................................ 41 1-10.3(3) Construction Signs.................................................................... 41 ' 1-10.4 Measurement.................................................................................. 41 ' 1-10.5 Payment.......................................................................................... 41 1-11 RENTON SURVEYING STANDARDS ......................................... 42 ' 2-01 CLEARING GRUBBING AND ROADSIDE CLEANUP........... 47 2-01.1 Description ..................................................................................... 47 ' 2-01.2 Disposal of Usable Material and Debris...................................... 47 2-01.5 Payment.......................................................................................... 47 ' 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS ............. 47 2-02.3(3) Removal of Pavement, Sidewalks, and Curbs........................ 47 2-02.4 Measurement.................................................................................. 48 ' 2-02.5 Payment.......................................................................................... 48 2-03 ROADWAY EXCAVATION AND EMBANKMENT.................... 48 ' 2-03.3 Construction Requirements.......................................................... 48 2-03.4 Measurement.................................................................................. 49 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-200602.doc3 2-03.5 Payment.......................................................................................... 49 ' 2-04 HAUL................................................................................................. 50 2-04.5 Payment.......................................................................................... 50 ' 2-06 SUBGRADE PREPARATION........................................................ 50 ' 2-06.5 Measurement and Payment......................................................... 50 2-09 STRUCTURE EXCAVATION ........................................................ 50 ' 2-09.1 Description ..................................................................................... 50 2-09.3(1)D Disposal of Excavated Material............................................ 50 ' 2-09.4 Measurement.................................................................................. 50 2-09.5 Payment.......................................................................................... 51 , 5-04 ASPHALT CONCRETE PAVEMENT........................................... 52 5-06 TRENCH RESTORATION AND OVERLAY............................... 54 , 7-01 DRAINS............................................................................................. 58 7-01.2 Materials......................................................................................... 58 7-01.3 Construction Requirements.......................................................... 58 , 7-01.4 Measurement.................................................................................. 58 7-02 CULVERTS....................................................................................... 58 ' 7-02.2 Materials......................................................................................... 58 7-04 STORM SEWERS............................................................................ 58 ' 7-04.2 Materials......................................................................................... 58 7-04.4 Measurement.................................................................................. 59 ' 7-04.5 Payment.......................................................................................... 59 7-05 MANHOLES, INLETS,AND CATCH BASINS........................... 59 , 7-05.3(1) Adjusting Manholes and Catch Basins to Grade................... 59 7-05.3(2) Abandon Existing Manholes.................................................... 60 ' 7-05.3(3) Connections to Existing Manholes.......................................... 61 ' 7-05.4 Measurement.................................................................................. 61 7-05.5 Payment.......................................................................................... 62 ' 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS ............. 62 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\l601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc4 1 1 ' 7-08.3(1)C Bedding the Pipe .................................................................... 62 7-08.3(2)A Survey Line and Grade.......................................................... 62 ' 7-08.3(2)B Pipe Laying— General ..........o............................o...o............... 62 7-08.3(2)E Rubber Gasketed Joints ........................................................ 63 7-08.3(2)H Sewer Line Connections.......o.......o..............................—....... 63 ' 7-08.3(2)J Placing PVC Pipe.....o..................................o...o........o.............. 63 7-08.4 Measurement.................................................................................. 63 ' 7-08.5 Payment.......................................................................................... 64 7-09 PIPE AND FITTINGS FOR WATER MAINS .............................. 64 7-09.3(15)A Ductile Iron Pipe........o.............................o...o...oo..o....o..........o 64 7-09.3(15)B Polyvinyl Chloride (PVC) Pipe (4 inches and Over) ........ 64 ' 7-09.3(17) Laying Ductile Iron Pipe and Fittings with Polyethylene... 64 7-09.3(19)A Connections to Existing Mains............................................ 65 ' 7-09.3(21) Concrete Thrust Blocking and Dead-Man Block ................ 65 7-09.3(23) Hydrostatic Pressure Test....................................................... 65 ' 7-09.3(24)A Flushing and ......................................................................... 66 ' 7-09.3(24)D Dry Calcium Hypochlorite.................................................. 67 7-09.3(24)K Retention Period ..........—......................................oo............. 67 ' 7-09.3(24)N Final Flushing and Testing.................................................. 67 7-09.3(25) Joint Restraint Systems.......................................................... 67 7-09.4 Measurement.................................................................................. 69 7-09.5 Payment.......................................................................................... 69 7-12 VALVES FOR WATER MAINS...................................................... 70 7-12.3(1) Installation of Valve Marker Post............................................ 70 7-12.3(2) Adjust Existing Valve Box to Grade........................................ 70 ' 7-12.4 Measurement.................................................................................. 70 7-12.5 Payment.......................................................................................... 70 7-14 HYDRANTS...................................................................................... 71 7-14.3(1) Setting Hydrants ....................................................................... 71 H:\File S s\SWP-Surface Water Projects\SWP-27-Surface Water Projects CIP \27-2057 Maplewood BASIN\2009 Y J J � ) P Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-200602.doc5 1 7-14.3(3) Resetting Existing Hydrants.................................................... 72 , 7-14.3(4) Moving Existing Hydrants....................................................... 72 7-14.5 Payment.......................................................................................... 72 , 7-15 SERVICE CONECTIONS............................................................... 72 , 7-15.3 Construction Details...................................................................... 72 7-15.5 Payment.......................................................................................... 73 , 7-17 SANITARY SEWERS ...................................................................... 73 7-17.2 Materials......................................................................................... 73 7-17.3(1) Protection of Existing Sewerage Facilities.............................. 73 7-17.3(2)H Television Inspection.............................................................. 73 , 7-17.4 Measurement.................................................................................. 74 7-17.5 Payment ....................................................................................... 74 , 8-09 RAISED PAVEMENT MARKERS ................................................ 75 8-09.5 Payment.......................................................................................... 75 8-13 MONUMENT CASES...................................................................... 75 , 8-13.1 Description ..................................................................................... 75 8-13.3 Construction Requirements.......................................................... 75 ' 8-13.4 Measurement................................................................................. 75 8-13.5 Payment......................................................................................... 75 , 8-14 CEMENT CONCRETE SIDEWALKS.......................................... 76 8-14.3(4) Curing ........................................................................................ 76 ' 8-14.4 Measurement.................................................................................. 76 8-14.5 Payment.......................................................................................... 76 8-17 IMPACT ATTENUATOR SYSTEMS............................................ 76 8-17.5 Payment.......................................................................................... 76 8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS,AND , ELECTRICAL............................................................................................ 77 8-20.2(1) Equipment List and Drawings................................................. 77 ' 8-22 PAVEMENT MARKING................................................................. 77 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc6 ' 8-22.1 Description ..................................................................................... 77 8-22.3(5) Installation Instructions ........................................................... 78 ' 8-22.5 Payment.......................................................................................... 78 8-23 TEMPORARY PAVEMENT MARKINGS.................................... 78 8-23.5 Payment.......................................................................................... 78 8-24.3(1) Rock Wall................................................................................... 78 9-03.8(2) HMA Test Requirements........................................................... 80 9-05 DRAINAGE STRUCTURES, CULVERTS, AND CONDUITS .. 80 9-05.4 Steel Culvert Pipe and Pipe Arch (RC) .....................................o 80 ' 9-05.7(2) Reinforced Concrete Storm Sewer Pipe (RC)........................ 80 9-05.7(2)A Basis for Acceptance (RC)..................................................... 81 ' 9-05.7(3) Concrete Storm Sewer Pipe Joints (RC)................................. 81 9-05.7(4) Testing Concrete Storm Sewer Pipe Joints (RC) ................... 81 ' 9-05.9 Steel Spiral Rib Storm Sewer Pipe (RC) ..................................... 81 9-05.12(3) CPEP Sewer Pipe ...........................oo....o........oo.........—......oo.... 82 ' 9-05.14 ABS Composite Sewer Pipe........................................................ 82 9-05.17 Aluminum Spiral Rib Storm Sewer Pipe................................... 82 9-08 PAINTS.............................................................................................. 83 9-08.8 Manhole Coating System Products.............................................. 83 9-23 CONCRETE CURING MATERIALS AND ADMIXTURES...... 85 9-23.9 Fly Ash (RC)................................................................................... 85 9-30 WATER DISTRIBUTION MATERIALS ...................................... 85 ' 9-30.3(1) Gate Valves (3inches to 12 inches).-...........o........_oo........o...... 85 9-30.3(3) Butterfly Valves.,.......—...........................o............o_................. 86 ' 9-30.3(5) Valve Marker Posts................................................................... 86 ' 9-30.3(7) Combination Air Release/Air Vacuum Valves,.......o..........oo... 86 9-30.3(8) Tapping Sleeve and Valve Assembly........................................ 86 9-30.3(9) Blow-Off Assembly ................................................................... 86 9-30.5 Hydrants......................................................................................... 87 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc7 9-30.5(1) End Connections (RC).............................................................. 87 , 9-30.5(2) Hydrant Dimensions................................................................. 87 9-30.6(3)B Polyethylene Pipe ................................................................... 87 ' 9-30.6(4) Service Fittings.......................................................................... 87 , 9-30.6(5) Meter Setters ............................................................................. 87 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc8 ' SPECIAL PROVISIONS 1-01 DEFINITIONS AND TERMS 1-01.1 General ISection 1-01.1 is supplemented with: Whenever reference is made to the State, Commission, Department of Transportation, Secretary of Transportation, Owner, Contracting Agency or Engineer, such reference shall be deemed to mean the City of Renton acting through its City Council, employees, and duly authorized representatives for all contracts administered by the City of Renton. 1-01.3 Definitions Section 1-01.3 is revised and supplemented by the following: Act of god 1 "Act of God" means an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water or other natural phenomenon of unusual intensity for the specific locality of the work, which might reasonably have been anticipated from historical records of the general ' locality of the work, shall not be construed as an act of god. Consulting Engineer The Contracting Agency's design consultant, who may or may not administer the construction program for the Contracting Agency. Contract Price Either the unit price,the unit prices, or lump sum price or prices named in the proposal, or in properly executed change orders. Dates ' Bid Opening Date: The date on which the Contracting Agency publicly opens and reads bids. Award Date: The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the work. Contract Execution Date: The date the Contracting Agency officially binds the agency to the Contract. Notice to Proceed Date: The date stated in the Notice to Proceed on which the Contract time begins. ' Contract Completion Date: The date by which the work is contractually required to be completed. ' Final Acceptance Date: The date the Contracting Agency accepts the work as complete per the contract requirements. Day ' Unless otherwise designated, day(s) as used in the Contract Documents, shall be understood to mean working days. Engineer The City Engineer or duly authorized representative, or an authorized member of a licensed consulting firm retained by Owner for the construction engineering of a specific public works project. H:\File S s\SWP-Surface Water Projects\SWP-27-Surface Water Projects CIP \27-2057 Maplewood y � � ( ) BASIN\2009 Pond Cleaning\l601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc9 1 Inspector ' Owner's authorized representative assigned to make necessary observations of the work performed or being performed, or of materials furnished or being furnished by Contractor. Or Equal ' Where the term "or equal" is used herein, the Contracting Agency, or the Contracting Agency on recommendation of the engineer, shall be the sole judge of the quality and suitability of the proposed substitution. ' The responsibility and cost of furnishing necessary evidence, demonstrations, or other information required to obtain the approval of alternative materials or processes by the Owner shall be entirely borne by the Contractor. ' Owner The City of Renton or its authorized representative also referred to as Contracting Agency. Performance and Payment Bond , Same as "Contract Bond"defined in the Standard Specifications. Plans The contract plans and/or standard plans which show location, character, and dimensions of prescribed work including layouts, profiles, cross-sections, and other details. Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a ' part of the Contract Documents, regardless of the method of binding. The terms "Standard Drawings" or "Standard Details" generally used in specifications refers to drawings bound either with the specification documents or included with the Plans or the City of Renton Standard Plans. Points Wherever reference is made to Engineer's points,this shall mean all marks, bench marks, reference points, stakes,hubs,tack, etc., established by Engineer for maintaining horizontal and vertical control of the work. ' Provide Means "furnish and install"as specified and shown in the Plans. Secretary,Secretary of Transportation The chief executive officer of the Department and other authorized representatives. The chief executive officer to the Department shall also refer to the Department of Planning/Building/Public ' Works Administrator. Shop Drawings Same as "Working Drawings"defined in the Standard Specifications. Special Provisions Modifications to the standard specifications and supplemental specifications that apply to an ' individual project. The special provisions may describe work the specifications do not cover. Such work shall comply first with the special provisions and then with any specifications that apply. The Contractor shall include all costs of doing this work within the bid prices. State I The state of Washington acting through its representatives. The State shall also refer to The City of Renton and its authorized representatives where applicable. Supplemental Drawings and Instructions , Additional instructions by Engineer at request of Contractor by means of drawings or documents necessary, in the opinion of Engineer, for the proper execution of the work. Such drawings and instructions are consistent with the Contract Documents. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.docl0 , ' 1-09.14 Payment Sche dule edule (New Section) Project SWP-27-2057 General - Scope A. Payment for the various Bid Items, as further specified herein, shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with the requirements of the Contract ' Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public regulations of public agencies having jurisdiction, including Safety and Health Administration of the US Department of Labor(OSHA). B. The Owner shall not pay for material quantities that exceed the actual measured amount used and approved by the ENGINEER. ' C. It is the intention of these specifications that the performance of all work under the bid for each item shall result in the complete construction, in an accepted operating condition, of each item. Work and material not specifically listed in the proposal but required in the plans, specifications, and general construction practice, shall be considered incidental to the construction of the project and the Contractor shall include the cost within the unit bid prices. No separate payment will be made for incidental items. 1-09.14(1) Basic Bid (New Section) This section is an outline of the basic bid items that will determine the low bidder for this project. Measurement and Payment, where described in a bid item, shall supercede Measurement and Payment listed in other sections of the Special Provisions and Standard Specifications. Basis For Award The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedule items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the bid to meet the needs of the City. The intent is to award to only one Bidder. Permits, Award, and Start of Construction For 2009 Cleaning The City has applied for the permits from the Army Corps of Engineers and Department of Ecology, and expects that the permits will be issued about the end of June or early July. The permits should be similar to the ones obtained for the 2007 and 2008 cleaning projects. ' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN'2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc ' Section 1-09.14 Bid Items, Page 1 of 19 Examples of the 2007 and 2008 permits obtained for the sediment basin cleaning are , included in the bid document. The award and execution of the contract is contingent upon the City obtaining the required ' Army Corps of Engineers and Department of Ecology permits, and provided that there is sufficient time to execute the contract and complete all work that is governed by the Army Corps of Engineers, Department of Ecology, and/or WDFW HPA permits within the allowable permit time limitations. All work below the ordinary high water line shall be completed by deadline in the ' permits, September 15, even if the deadline occurs before the last working day in the contract. Any contractor wishing to inspect to Maplewood Sediment Basin and channel before the bid shall check in at the Golf Course Pro Shop. ' Contractors cannot be on the golf course fairways and channel without escort. SCHEDULE A— Maplewood Creek Sediment Basin Bid Item 1 Mobilization (LS) This bid item includes the complete cost of furnishing and providing, complete and in-place all work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, prepare the site for construction operations, and maintain the site and surrounding areas during construction. This item also includes final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. Any spilled gravel on the golf course, cart paths, next to the creek, and in any other areas shall be removed. The parking lot, access road, and cart paths shall be swept and all debris removed at the end of the project. Contractor use of the parking lot south of the sediment basin is limited to the area shown on the plans. The adjacent areas are may be used for golf course parking. The Contractor must avoid inconveniencing patrons and vehicles using those areas. The Contractor is responsible for any damage and injury to private vehicles, property, and persons per Standard Specifications Section 1-07.14. Golf course carts, pedestrians, and grounds workers use the two bridges across Maplewood Creek, north of the flow splitter structure, to reach the parking area, and to travel between fairways. They also use the cart paths west of the creek (where gravel will be placed). The Contractor shall give golf course users right-of-way on the bridge and cart paths when accessing the project site, hauling sediments from the site, and transporting and placing gravel. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 2 of 19 ' Work Day Restrictions Major Golf Course Event Days and work restrictions are listed below. ' The Contractor should anticipate heavier traffic through the golf course parking lot, and on the golf course paths on those days. Mon. Tues. Weds. Thurs. Fri. Sat., Sun ' August 7 B No work 13 B 14 A On weekends 20 B " Sept. 4 NO " 7 NO 11 A " 18A " A — No Work on Flow Splitter and next to fairways. No Hauling Sediment. ' Contractor can work in sediment basin only. B - No Work on Flow Splitter and next to fairways. Contractor can work in sediment basin and can haul sediment carefully, ' parking lots may be busy. NO WORK - Sept. 4, 7 — City Furlough, Holiday. Machinery shall not be started before 7 am any day. ' The Contractor shall plan the work such that all work below the ordinary high water line is completed by no later than September 15 to comply with the HPA permit. The ' Contractor is responsible for complying with the HPA permit, the Army Corps Permits that are issued, and all other permits, per Special Provisions section 1-07.5. ' The Contractor shall prepare a Work Plan, which shall include the following: A. Proposed construction schedule and sequence for all major items of work. B. Mobilization Plan showing the proposed location for storage of all equipment and materials proposed to be located at the site. Storage shall not interfere with use of the City ROW, golf course parking, and commercial and residential access. The Work Plan shall be submitted to the City for review, revision, and approval within 10 days of the contract award. Measurement of Mobilization, Cleanup, and Demobilization shall be per lump sum. Seventy percent (70%) of this item will be paid after the Contractor is fully in operation and construction of the Project has begun. The remaining thirty percent (30%) of this item will be included in the pay estimate issued at the completion of the work provided that all ' equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Payment for this item will be made at the lump sum bid amount bid, and considered complete compensation for all materials, equipment, and labor required to complete this item of work in accordance with the Contract Documents. ' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 3 of 19 Bid Item 2 Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment , Basin (LS) This items includes all work needed for construction of temporary bypass dam, diversion of , the creek from the work areas, draining the sediment basin, and coordination with adjacent private property owner regarding water supply into a private fish pond. See the description and photos of 1999 cleaning for an example of the work and techniques needed. ' During all work approximately 3/4 of the flow shall be kept moving downstream so the creek is not dewatered and fish life is not adversely affected while work is occurring. ' Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the ' 18-inch bypass inlet. The bypass dam will divert the entire flow from the creek into the 18- inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe, plus 3 inches. One type of material that ' may be used for the bypass dam is sandbags (or media bags) and plastic sheeting, keyed into the creek bed to limit potential under-flow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit ' requirements. Dirt fill shall not be used to construct the bypass dam. Water shall be kept flowing to the fish channel on the golf course at all times. It will be necessary dig a sump downstream of the bypass dam and install a sump pump to , collect any water running under the bypass dam and redirect it back into the bypass pipe. Pumping will be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam will be completed ' early in the morning (approx. 8 to 10 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. ' Drain Sediment Basin After the bypass dam is constructed and the creek is diverted, the sediment basin may be ' drained using the 8-inch valves in the concrete structures. Before draining starts the Contractor will place plastic sheeting anchored by sandbags on the bottom of the basin, 5 to 6 feet out from the valves, to help reduce the amount of bottom sediment that may be stirred , up and discharged through the valves. After the water is drained as low as the valves will allow, the Contractor will use a portable ' pump to completely dewater the sediment basin. The 8-inch underdrain may also be opened to allow the sediment to dewater. If the water from the valves is too silty to discharge to the creek other means may be used to dewater the sediment. The contractor , shall not discharge sediment laden water to the creek. The City Project Manager may assist the Contractor with the sequence needed to operate the valves to bypass and drain the sediment basin. Fish Rescue All fish and other aquatic life shall be rescued from the creek, sediment basin, and fish ' ladder and transferred to the downstream creek per the HPA and Fisheries regulations. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond ' Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 4 of 19 ' At a minimum the Contractor shall have the following at the site for fish rescue from the sediment basin: ' three laborers dedicated for fish rescue, • four nets (approx. 6"x 8") with handles, • four buckets for capturing fish, ' a portable gas pump with an intake strainer meeting Fisheries requirements ( see HPA#13 1/8" intake screen sized for a surface velocity of 0.4 fps ). ' The contractor shall have the equipment on site for City inspection the day before installing the bypass and draining the basin. If the equipment is not satisfactory, and workers are not onsite the day of the bypass, installing the bypass and draining the basin shall not proceed. Fish rescue shall start with the workers walking the creek bed and rescuing all aquatic life immediately after the bypass structure is completed and flow is directed into the 18-inch ' pipe. Fish rescue shall continue while the sediment basin is being drained. Workers shall repeatedly walk the creek bed and sediment basin and continue to capture any fish present until the basin is drained. It may be necessary to use hip waders to reach fish in the middle of the basin. It will be difficult to wade through the silt sediment at the south end of the ' basin. Each bucket shall be emptied within 1 hour after the first fish is placed in it. Captured fish shall be released to the creek downstream of the flow splitter structure. ' Coordination with Private Property Owner The private property owner (Mr. Casey McCarthy) adjacent to Maplewood Creek operates a fishpond on his property. The Contractor will be responsible for coordinating with Mr. ' McCarthy to keep sediment laden water from entering his fish pond while the basin is being cleaned. The City will assist the Contractor with coordination by notifying Mr. McCarty of the work prior to the anticipated start date. ' During the maintenance period, the Contractor will be responsible for closing the valve (located on the east side of the overflow spillway) that supplies water to the fish pond. The ' valve must be closed before dewatering begins to avoid discharge of any silt laden water into the fish pond. After the inlet valve is close, Mr. McCarty will be responsible for supplying water to his fish pond from the creek next to his property. He usually places a ' small pump in the creek adjacent to his property. The Contractor will be responsible for not disturbing Mr. McCartys pump and notifying McCarty at least 24 hours before gravel is placed in the creek above or adjacent to his property. tFlow Splitter Structure and Creek Diversion Work on the flow splitter and sediment removal between bridges shall comply with the ' Work Day Restrictions days identified in Bid Item #1. A bypass structure will be constructed in the flow splitter basin to divert the creek flow around the accumulated gravel and sediment that will be removed from the flow splitter. ' The bypass structure may be constructed of sandbags and plastic sheeting, or using a different method chosen by the contractor. Regardless of the procedure chosen by the contractor, the diversion must allow the removal of accumulated sediment from the flow ' splitter basin without impacting the turbidity in the low flow channel. Water shall be kept flowing to the fish channel on the golf course at all times. ' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond CleaningA601 FINAL SPEC-2009-Maplwd`20d-Bid Item Section I-09-14.doc ' Section 1-09.14 Bid Items, Page 5 of 19 When the bypass is constructed the Contractor shall be responsible for immediately rescuing any fish stranded in the bypass section before removing accumulated gravel and ' sediment. Sediment Removal Between Bridges (Note "§` Not Needed for 2009 StFUGtUFe, similar te the one used for the Fiew Sphtter StFUGtUFe. VVateF shall be kept fl to the fish rhaRnel OR the Olf GO Fse at II times. Payment for this item will be made at the lump sum amount bid, and considered complete compensation for all design, labor equipment and materials required to complete this item of work in accordance with the Contract Documents. Payment will be prorated as the work is , accomplished. Bid Item 3 Remove, Haul, and Dispose of Sediment (LS) , This item includes removing the accumulated sediment from all locations including: • the sediment basin and the channel at the north end of the basin, ' the area betw ee R the bridge , Not needed for 2009 • the flow splitter, • all other areas of the channel as shown on the plans or directed by the Engineer. ' • Sediment in the sediment basin and upper channel shall be excavated using a smooth bucket to avoid damaging the imported backfill layer and PVC liner. ' • Only singe dump trucks may be used across the bridge to the sediment basin, no truck and trailer combinations. ' Sediment removal and hauling shall comply with the Work Day Restrictions days identified in Bid Item #1. This item includes loading the material into vehicles and hauling offsite for disposal. All , costs for excavation, loading, hauling, and disposal shall be included in the bid price. Sediment Basin The accumulated sediment above the imported backfill layer shall be removed and disposed ' of offsite. The sediment basin, and channel at the north end of the basin, have a 12-inch layer of imported backfill placed above a 30 mil PVC liner. The imported backfill layer is different from the accumulated sediment and it is possible to differentiate between the two materials by sight and feel. The contractor shall use the sediment basin construction plans ' and as-built plans to locate the top of the 12-inch imported backfill layer. The Contractor shall hand dig test holes to confirm the location and elevation of the backfill layer, and PVC liner at the start of construction, and during excavation, when needed. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond ' Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Sectionl-09-14.doc Section 1-09.14 Bid Items, Page 6 of 19 , Test holes are most likely needed at the edges of the basin where the PVC liner is close to the surface, than at the center of the basin. The locations of any test holes shall be ' reviewed with the City prior to starting excavation in an area. Upper Channel ' The accumulated sediment in the upper channel north of the sediment basin will be removed to restore the area so it is similar to the as-built plans and the post construction photos. ' The center section of the channel is approximately 8 to 12 feet wide, and has rock berms at several locations along across the bottom of the channel and along the sides. In the middle of the channel sediment shall be removed to the top of the rock berms. Along ' the sides sediment must be carefully removed from between the rock berms without disturbing them. Some rocks may need to be adjusted or added to the berms. The PVC liner is close to the top of backfill in this area so hand dug test holes may be needed to verify ' the liner location. City personnel will be available to help identify and make adjustments to the extent of sediment removal, and any adjustment needed to the rock berms. All adjustments for sediment removal, and to the rock berms, are considered incidental. No ' extra payment will be made for any adjustments directed by the City. PVC Liner ' The contractor is responsible for protecting the PVC liner under the sediment basin and upper channel during excavation, and is responsible for repairing any damage to the liner caused by construction. Damage could occur by not hand digging to identify the liner ' location, excavating too deep, excavating beyond the liner limits shown on the construction and as-built plans, and not properly protecting the liner from potential damage from vehicle traffic. Any major punctures or tears shall be repaired by seaming a new PVC patch over the affected area in accordance with manufacturers recommendation and industry practice. Seaming shall be done by a company with experience in PVC liner construction and ' seaming. Minor tears may be repaired by other means (tape or gluing), if approved by the City. ' Flow Splitter and Area Between Bridges The accumulated sediment in the flow splitter basin shall be removed to match the original elevation of the bottom of the high flow weir. The bottom of the weir is located approximately 2.5 feet below the weir crest. The excavation shall slope gently upstream to blend into the channel at the north end of the flow splitter. Accumulated sediment on the south side of the splitter structure shall be removed down to the rip-rap layer. The locations ' and elevations shall be reviewed with the City prior to starting excavation. The excavated sediment shall be removed and disposed of offsite. ' Not Needed for 2009 AGGUMulated sed'MeRt and vegetatiOR iR the area betweer) the bridges shall be removed to Feviewed with the Gity prier to staFt!Rg eXGavat'eR, and may be adjusted as the we* ' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BAS[N\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Sectionl-09-14.doc ' Section 1-09.14 Bid Items, Page 7 of 19 Other Areas in the Channel ' This item includes hauling and disposal of any sediment removed from the channel in all areas downstream of the flow splitter structure as may be shown on the plans, and as ' directed by the City. Sediment Disposal ' The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7)C. Standard Spec. 2-03.3(7)B, Item 2 does not apply: all costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured ' by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide ' copies of all applicable permits and licenses showing that the sites meet the applicable regulations for sediment disposal. The limits and extend of sediment removal will be monitored by the City during construction, , and the City may direct the Contractor to adjust the extent of sediment removal in some areas. All adjustments for sediment removal, and to the rock berms, are considered , incidental. No extra payment will be made for any adjustments directed by the City. Based on the previous pond cleaning, and general quantity estimates, approximately 800 to 1000 cy of gravel and sediment may need to be removed for the entire project. The actual ' amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. Measurement for this item shall be per lump sum. ' Payment for this item will be made at the lump sum bid amount, and shall be considered ' complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Payment will be prorated as the work is ' accomplished Bid Item 4 Refill Basin, Remove Bypass Dam, Restore Bank (LS) ' This item includes refilling the sediment basin with water, restoring flow into the sediment basin and fish ladder, removing all temporary bypass dams for the sediment basin, flow ' splitter, and other areas, and restoring any banks and vegetation disturbed by the work. During the refilling process approximately 3/4 the creek flow shall be kept flowing to the fish ' channel on the golf course via the bypass pipe at all times. The Contractor shall plan the work so that the basin can be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam can be , removed the next day. The City Project Manager may assist the Contractor with the sequence needed to operate the valves to refill the sediment basin and restart flow through the fish ladder. ' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)` 7-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 8 of 19 , ' This item includes any and all work needed to restore the banks next to the sediment basin, flow splitter structure, and other areas after cleaning including but not limited to regrading ' the banks, replacing rip-rap, grading, raking, and topsoil placement. Payment for this item will be made at the lump sum amount bid, and shall be considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Not Needed For 2009 B+d item 5 Gravel Placement Detail 4 Upstream of Flow C litter (Ton) This item iRGludes p!aG;Rg streambed gravel at the edge of the GFeek and hand spreadiRg i ie the (`it,i plan, identified by Streambed gFavel shall G9RSiSt ef a rounded, RatyFally OGGurFiRg, gFaRular material with an eFgaRiG GE)Rtent less thaR 3 PeFGeRt by volume. Crushed or angulaF FoGk well nGt be, permitted. The gFadat*GR FequiFements fc)F the gravel are shown OR Detail 1 of the PlaRS. GFavei plaGemeRt for Detail 1 for areas next te the 1 8th tee and bridge aGross the Greek ' shall net nrnuir Gn the voif Course Event Days identified 'n Bid Item #1 ii i io ry v�.� cvuy.nv�.. Gravel may be plaGed by maGhine at the west edge of the Greek. Gravel shall be hand gravel and depth of gravel as needed 4 mmed*ate area, or shall be remOved frem the site, as determ'Red by the City. Stc)GkpiliRg e ' r_e_MeV the I i a gravel is I I I !e. n Ft d item neat _. �i n g-�t��.�!�� d g r,�r e,-;� 1� E d d��-,�;-r-s�-t!�b��-��.;��.: identified by the City The qUaRtit% for this bid item is included to provide a GGMMGR PFE)Posal f9F bad purposes. The @GtHal quantity used may vary from that am9URt. The LIRit PFiGe Will Rot be adjusted delivery. The ContraE;teF shall provide a maternal quantity tiGket from the supplier, frem a Gertified SGale, giV'Rg the type and amGYRt ef material fer eaGh lead ef material bFeught te ' the si Payment for this item will be made at the URit PF*Ge aMeLIRt bid, and shall be GORsideF H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Sectionl-09-14.doc Section 1-09.14 Bid Items, Page 9 of 19 1 1 1 1 1 disposal required tG GGMplete the work as shGWR on the RaRS, as direGted by the Gity, and in aGGerdanGe with the Contract DeGUmeRt-S-. Thus plaGiRg stFeambed gravel at the edge ef the GFeek and hand spreading aGrGSS the bettem ef the GFeek in the areas shE)WR en the plan, and in any additional areas identified by the City-. Streambed gFavel shall GeRS'St E)f a FE)URded, naturally granulaF material with an GGRteRt less than 3 peFGeRt by volume. Crushed or angular FC)Gk Will net - permitted. The GradatieR requirements for the 4" size gravel are sh9WR GR Detail 2 of the The GeRtraGtOF shall aveid damaging the gelf GGurse gFE)URds. Only small s0ft tiFed vehiGl (SUGh as bE)bGats er wheel barrows) may be used to deliver gravel to the side of the Greek. other hand tools. The Rew gravel layeF te be appreximately 6 'RGhes thiGk. Approximately 1 te 2 GY may be plaGed at each IGGatiGR. The City wall review the gravel 1 GFavel will be plaGed at the tep of the Greek, and Garried deWR the GFeek side by hand in bUGkets. Gravel shall be hand spFead aGreSS the bettem of the GFeek using shovels, and plaGemeRt at eaGh IGGati9R and may adjust the + aMOURt of + and depth G grovel as neede rt 1 Any unused gravel StGGkp'led on the site shall be either meved te a SteGkp'le lGGatiE)R in the immediate area, er shall be removed frem the site, as determined by the Gity. StE)GkpHing 0 Minn the rn ised gravel is inelurted a art of the U'4 item Gv i 1 -.,,,, ,.,,...,� y,.,." L, „ICI ., u Nam„ � I J . This item iRG'udes limited Gutting, remOViRg, and etatiOR as needed te reaGh thee Greek fer gravel .and approved by the City PF*C)F t9 Gutting. The CC)RtraGtC)F 1 1 by the City, The aGtual quantity used may vary from that aMeURt. The UR4 pFiGe Wall Ret be adjusted the oetl of quantity varies h i mere then 25 nerrent frem the bid nI I�+nt't 1 ..,....�,.�..� M..�.Trrrrf—v�rrr� ..� mere�.,�� than� �. �.,���.,��. I I.� y�.L.�I� iy. Measurement fE)F Gravel PlaGemeRt shall be per Ton lR the haul GonveyaRGe at the pGiRt G deliveFy. The GeRtraGtC)F shall previde a material quantity tiGket from the supplieF, from a ed SGale, giving the type and amGURt of material for eaGh lead of material bFought te the sit i �if�y the 1 e, Payment feF this itern will be made at the Unit pFiGe amount bid, and shall be CGRS'14ered 1 as direGted by the City, and in onrnrrtonve with the CE)ntF +rt Dee Iments Plans,disposal required tG GOMplete the werk as shown OR the ' VV�♦wUi i UVl VVUIIIV LJ. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond 1 Cleaning\l601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 10 of 19 ' 12"xi 5"xi 8" iR size (160 te 300 POURds ea). Small FOGk (GhinkiRg mater,al) shall Ret be delivered + the to . ARY unused rOGk SteGkpiled GR the site shall be either meved te a StE)G'(P;le IeGatiGR iR the ediate area, er shall be Femoved from the site, as deteFrnlRed by the Gity. StC)Gkpiling OF reMOVORg the URused FOGk as ;RGluded as part of the bid Reeded te FeaGh the Greek fer FOGk plaGeFneRt. All vegetatiGR Gutting shall be reviewed anpd identified by the City. The aGtual quantity used may vary frem that amount. The UR't pFiGe Will Ret be adjusted delivery. The GeRtraGteF shall previde a material quaRtity kket fFGM the supplier, 49-m a the sete, PaymeRt for this item M! be made at the unit priGe amOURt bid, and shall be GE)Rside H:AFile Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(C►P)\27-2057 MAPLEWOOD BAS►N\2009 Pond Cleaning\l601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 11 of 19 Bid Item 8 Vegetation Maintenance Areas (Each) ' This item includes performing vegetation and channel maintenance on small sections of the channel as shown on the plans, described in the bid item, and as directed by the Engineer. ' The exact location and extent of the work at each location will be identified in the field by the Engineer. Locations ' V1 — Remove an approx. 2-foot long section of roots/log from the middle of the creek. The root are about 8- to 10-inches in dia. A power saw may be used. Hand ' adjustments/grading of the channel in that area with a shovel may be needed. V2 — Remove about 6 to 10, 3- to 6-inch diameter (and smaller), branches from two small ' trees that have fallen across the creek. The branches are tapering and are about 5 to 8 feet Iong.The branches will be removed from the creek and disposed of. The tree trunks and some smaller branches will remain. , V2 —Add Gravel: about 0.6 to 1 CY of gravel to the creek to fill an area next to a drop log. The work is in the water. Gravel will be hand carried down to the creek in buckets and hand spread. Gravel will be 4" to sand sized material obtained from clean gravel in the sediment basin. The gravel will be washed with a hose to remove the silt sized particles. V3 — Remove/trim small branches next to and in the creek: about 3 to 5, 1- to 3- inch ' diameter, branches at each location. V4 — Remove branches/roots: remove a section of branches/root in the bottom of the ' creek. The material is about 4' x 2' and consists of a tangle of roots and wood. V9 — Remove Sediment and Tall Grass: remove a section of tall grass and accumulated ' sediment in the fairway crossing. The intent is to widen the center of the channel, not completely clear it to the rockery wall. Each section will be about 3 to 5 feet long and 1 to 2 feet wide. The sediment depth is about 1 foot. A filter fabric fence will be placed ' around the water side of each section to help control sediment from impacting the creek. All work will be done by hand with shovels. The contractor will provide temporary portable nets or shields to protect the workers from , golf balls. Only one or two sections will be worked on at one time, the majority of the fairway crossing shall remain unblocked for golf course play. Each separate section removed for V9 counts as a separate location for payment. , The City may adjust locations for vegetation maintenance as needed. All adjustments for ' vegetation maintenance are considered incidental. No extra payment will be made for any adjustments directed by the City. All work for this item will be by hand labor (except power saws). Only small soft tired ' vehicles (such as bobcats, ATVs, or wheel barrows) may be used to deliver or remove material along the side of the creek. Only small pickup trucks may be used on the paved ' golf course path. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\?-009 Pond ' Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 12 of 19 ' The Contractor shall not block the golf course path for golf carts. The Contractor shall not interfere with golf course play. The Contractor shall avoid damaging the golf course grounds. This item includes supplying all labor, tools, equipment, and materials (including gravel) needed for the work. Removal, hauling, and offsite disposal of all materials, including wood, 1 vegetation, sediment, excess gravel, etc. is included in the bid item. Measurement for this item will be per each location where work is performed. The City may 1 add or remove locations as needed at no change to the unit Bid Item price. Payment for this item will be made by at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Bid Item 9 Hydroseed (SF) This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, upper channel, on any areas of the outer banks where vegetation was disturbed by the work, and on any bare or sparse areas. All areas for hydroseeding shall be identified and review with the City for approval prior to placement. Hydroseeding shall be per Special Provisions Section 9-14.5(7). ' The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor's certification for the grass seed mixture, indicating ' percentage by weight, percentage of purity, germination, and weed seed for each grass species. Measurement for this item will be determined by measuring the actual square feet of disturbed area to be seeded. Measurement will be made by the City per the approved area. The bid quantity for this item is included to provide a common proposal for bid purposes. The actual quantity used in construction may vary. Payment for this item will be made by at the unit price amount bid, and shall be considered ' complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. ' Bid Item 10: Minor LS Changes 9 ( ) ' This item is intended for use by the City to pay for any minor changes that may be needed for project construction, and are not included as work under other bid items. The unit contract price for Minor Changes shall be as shown by the City on the Schedule of Prices. At the discretion of the Contracting Agency, all or part of this lump sum may be used in lieu of the more formal change order procedure as outlined in Standard Specifications Section 1- 04.4(1). H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 13 of 19 Any work and payment under this item must be authorized in writing by the City Project ' Manager or Supervisor. Payment will be determined in accordance with Standard Specification Section 1-09.4. ' Measurement of Minor Change shall be per lump sum. Payment for this item will be prorated for the changes and amounts approved in writing by ' the City. If no changes are authorized the final payment for this bid item will be $0 (zero). i SCHEDULE B - Madsen Creek Sediment Basin Bid Item B-1 Mobilization (LS) , This bid item includes the complete cost of furnishing and providing, complete and in-place all work and materials necessary to move and organize equipment and personnel onto the ' job site, provide and maintain all necessary support facilities and utilities, prepare the site for construction operations, and maintain the site and surrounding areas during construction. This item also includes final cleanup, dressing and trimming the project area after ' construction, and the moving all personnel and equipment off the site after the work is completed. All debris and excess materials shall be removed from the project area at the end of the job. ' Work Day Restrictions Work restrictions are listed below. Mon. Tues. Weds. Thurs. Fri. Sat., Sun August No work On weekends -Sept. 4 NO , 7 NO " NO WORK - Sept. 4, 7 - City Furlough, Holiday Machinery shall not be started before 7 am any day. i The Contractor shall plan the work such that all work below the ordinary high water line is completed by no later than September 15 to comply with the HPA permit. The ' Contractor is responsible for complying with the HPA permit, the Army Corps Permits that are issued, and all other permits, per Special Provisions section 1-07.5. The Contractor shall prepare a Work Plan, which shall include the following: ' A. Proposed construction schedule and sequence for all major items of work. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond i Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 14 of 19 i ' B. Mobilization Plan showing the proposed location for storage of all equipment and materials proposed to be located at the site. The Work Plan shall be submitted to the City for review, revision, and approval within 10 days of the contract award. Measurement of Mobilization, Cleanup, and Demobilization shall be per lump sum. Seventy percent (70%) of this item will be paid after the Contractor is fully in operation and construction of the Project has begun. The remaining thirty percent (30%) of this item will be included in the pay estimate issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Payment for this item will be made at the lump sum bid amount bid, and considered complete compensation for all materials, equipment, and labor required to complete this item of work in accordance with the Contract Documents. ' Bid Item B-2 Construct By pass Dam, Divert Creek, Rescue Fish, and Drain Sediment ' Basin (LS) This item includes all work needed for construction of temporary bypass dam, diversion of the creek from the work areas, and draining the sediment basin. See of previous cleaning photos for examples of the work and techniques needed. During all work approximately 3/4 of the flow shall be kept moving downstream so the creek ' is not dewatered and fish life is not adversely affected while work is occurring. Upstream Bypass Dam and Creek Diversion ' The upstream bypass dam will be constructed upstream of the sediment basin, next to the 24-inch bypass pipe inlet. The bypass dam will divert the entire flow from the creek into the 24-inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe, plus 3 inches. One type of material that may be used for the bypass dam is sandbags (or media bags) and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. Water shall be kept flowing to the downstream creek at all times. It may be necessary to install a second dam downstream of the first dam and install a sump pump to collect any water running under the first bypass dam and redirect it back into the bypass pipe. Pumping may be required 24-hours a day to keep water from flowing to the ' sediment basin The work shall be planned and executed so the temporary bypass dam will be completed early in the morning (approx. 8 to 10 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\I601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 15 of 19 Drain Sediment Basin ' After the bypass dam is constructed and the creek is diverted, the sediment basin will be completely drained using a portable pump. The pump intake screen will comply with the ' Fisheries requirements. The contractor shall not discharge sediment laden water to the creek. ' Water with excess sediment may be discharged to a grassy area to filter the sediment out and allow clean water to run to the creek. Fish Rescue ' All fish and other aquatic life shall be rescued from the creek and sediment basin, and transferred to the downstream creek per the HPA and Fisheries regulations. , At a minimum the Contractor shall have the following at the site for fish rescue from the sediment basin: • three laborers dedicated for fish rescue, ' • four nets (approx. 6"x 8") with handles, • four buckets for capturing fish, • a portable gas pump with an intake strainer meeting Fisheries requirements I ( see HPA #13 1/8" intake screen sized for a surface velocity of 0.4 fps ). The contractor shall have the equipment on site for City inspection the day before installing the bypass and draining the basin. If the equipment is not satisfactory, and workers are not onsite the day of the bypass, installing the bypass and draining the basin shall not proceed. Fish rescue shall start with the workers walking the creek bed and rescuing all aquatic life ' immediately after the bypass structure is completed and flow is directed into the bypass pipe. Fish rescue shall continue while the sediment basin is being drained. Workers shall ' repeatedly walk the creek bed and sediment basin and continue to capture any fish present until the basin is drained. It may be necessary to use hip waders to reach fish in the middle of the basin. It will be difficult to wade through the silt sediment in the basin. Each bucket shall be emptied within 1 hour after the first fish is placed in it. Captured fish shall be released to the creek downstream of the flow splitter structure. Payment for this item will be made at the lump sum amount bid, and considered complete ' compensation for all design, labor equipment and materials required to complete this item of work in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. Bid Item B-3 Remove, Haul, and Dispose of Sediment (LS) ' This item includes removing the accumulated sediment from all locations. Sediment in the sediment basin shall be excavated using a smooth bucket to avoid damaging the rip-rap rock layer on the sides of the basin. ' Sediment removal and hauling shall comply with the Work Day Restrictions. This item includes loading the material into vehicles and hauling offsite for disposal. All ' costs for excavation, loading, hauling, and disposal shall be included in the bid price. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doe Section 1-09.14 Bid Items, Page 16 of 19 ' ' Sediment Basin and Channel Sediment in the basin shall be removed down the grades shown on the plans, and as directed by the City. The City may adjust the extent of sediment removal as needed. The Contractor may need to hand dig test holes to confirm the location and elevation of the rip-rap layer along the sides of the sediment basin at the start of construction, and during excavation, when needed. The accumulated sediment in the channel at the south end of the sediment basin will be removed to restore the area so it is similar to the existing creek grade, and provides an even slope into the sediment basin. The Contractor will review the extent of sediment removal with the City before proceeding. The City may adjust the extent of sediment removal as needed. ' All adjustments for sediment removal are considered incidental. No extra payment will be made for any adjustments directed by the City. 1 Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7)C. Standard Spec. 2-03.3(7)B, Item 2 does not apply: all costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide copies of all applicable permits and licenses showing that the sites meet the applicable regulations for sediment disposal. Based on the previous pond cleaning, and general quantity estimates, approximately 700 to 900 cy of gravel and sediment may need to be removed for the entire project. The actual amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. Measurement for this item shall be per lump sum. ' Payment for this item will be made at the lump sum bid amount, and shall be considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Payment will be prorated as the work is accomplished rH:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section]-09-14.doc Section 1-09.14 Bid Items, Page 17 of 19 Bid Item B-4 Refill Basin, Remove Bypass Dam, Restore Bank (LS) , This item includes refilling the sediment basin with water, restoring flow into the sediment basin, removing all temporary bypass dams, and restoring any banks and vegetation ' disturbed by the work. During the refilling process approximately 3/4 the creek flow shall be kept flowing to the ' downstream channel at all times. The Contractor shall plan the work so that the basin can be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam can be removed the next day. This item includes any and all work needed to restore the banks next to the sediment basin after cleaning, including but not limited to regrading the banks, replacing rip-rap, grading, raking, and topsoil placement. Payment for this item will be made at the lump sum amount bid, and shall be considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and , disposal required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Bid Item B-5 Hydroseed (SF) This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner ' banks of the sediment basin, on any areas where vegetation was disturbed by the work, and on any bare or sparse areas. All areas for hydroseeding shall be identified and review with the City for approval prior to placement. ' Hydroseeding shall be per Special Provisions Section 9-14.5(7). The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor's certification for the grass seed mixture, indicating ' percentage by weight, percentage of purity, germination, and weed seed for each grass species. Measurement for this item will be determined by measuring the actual square feet of , disturbed area to be seeded. Measurement will be made by the City per the approved area. The bid quantity for this item is included to provide a common proposal for bid purposes. The actual quantity used in construction may vary. Payment for this item will be made by at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, and equipment required to complete , the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 18 of 19 rBid Item B-6: Minor Changes (LS) This item is intended for use by the City to pay for any minor changes that may be needed for project construction, and are not included as work under other bid items. The unit contract price for Minor Changes shall be as shown by the City on the Schedule of Prices. At the discretion of the Contracting Agency, all or part of this lump sum may be used in lieu ' of the more formal change order procedure as outlined in Standard Specifications Section 1- 04.4(1). Any work and payment under this item must be authorized in writing by the City Project Manager or Supervisor. Payment will be determined in accordance with Standard Specification Section 1-09.4. Measurement of Minor Change shall be per lump sum. Payment for this item will be prorated for the changes and amounts approved in writing by ' the City. If no changes are authorized the final payment for this bid item will be $0 (zero). r IH:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 MAPLEWOOD BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Maplwd\20d-Bid Item Section I-09-14.doc Section 1-09.14 Bid Items, Page 19 of 19 1 1-10 TEMPORARY TRAFFIC CONTROL r 1-10.1 General Section 1-10.1 is supplemented by adding the following: When the bid proposal includes an item for"Traffic Control,"the work required for this item shall be ' all items described in Section 1-10, including, but not limited to: 1. Furnishing and maintaining barricades, flashers, construction signing and other channelization devices, unless a pay item is in the bid proposal for any specific device and the Special Provisions specify furnishing, maintaining, and payment in a different manner for that device; 2. Furnishing traffic control labor, equipment, and supervisory personnel for all traffic control labor; 3. Furnishing any necessary vehicle(s) to set up and remove the Class B construction signs and other traffic control devices; 4. Furnishing labor and vehicles for patrolling and maintaining in position all of the construction signs and the traffic control devices, unless a pay item is in the bid proposal to specifically pay for this work; and 5. Furnishing labor, material, and equipment necessary for cleaning up, removing, and replacing of the construction signs and the traffic control devices destroyed or damaged during the life of the project. 6. Removing existing signs as specified or a directed by the engineer and delivering to the City Shops or storing and reinstalling as directed by the Engineer. 7. Preparing a traffic control plan for the project and designating the person responsible for traffic control at the work site. The traffic control plan shall include descriptions of the ' traffic control methods and devices to be used by the prime contractor, and subcontractors, shall be submitted at or before the preconstruction conference, and shall be subject to review and approval of the Engineer. ' 8. Contacting police, fire, 911, and ambulance services to notify them in advance of any work that will affect and traveled portion of a roadway. 9. Assuring that all traveled portions of roadways are open to traffic during peak traffic periods, 6:30 a.m. to 8:30 a.m., and 3:00 p.m. to 6:00 p.m., or as specified in the special provisions, or as directed by the Engineer. 10. Promptly removing or covering all nonapplicable signs during periods when they are not needed. If no bid item "Traffic Control" appears in the proposal then all work required by these sections will r be considered incidental and their cost shall be included in the other items of work. If the Engineer requires the Contractor to furnish additional channelizing devices, pieces of , equipment, or services which could not be usually anticipated by a prudent contractor for the maintenance and protection of traffic, then a new item or items may be established to pay for such items. Further limitations for consideration of payment for these items are that they are not covered ' by other pay items in the bid proposal, they are not specified in the Special Provisions as incidental, and the accumulative cost for the use of each individual channelizing device, piece of equipment, or service must exceed $200 in total cost for the duration of their need. In the event of disputes, the Engineer will determine what is usually anticipated by a prudent contractor. The cost for these items , will be by agreed price, price established by the Engineer, or by force account. Additional items required as a result of the contractor's modification to the traffic control plan(s) appearing in the contract shall not be covered by the provisions in this paragraph. If the total cost of all the work under the contract increases or decreases by more than 25 percent, an equitable adjustment will be considered for the item "Traffic Control" to address the increase or decrease. ' 1 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1601 FINAL SPEC-2009-Check-Revise\20a-SPECIAL PROVISIONS-2006v02.doc40 1 PERMITS J Washington State Hydraulic Project Approval g Y pp Army Corps of Engineers Nationwide Permit (may be issued before construction) Washington State Dept. of Ecology Water Quality Certification (may be issued before construction) 1 1 1 ,i Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012 2� WILDLIFE RCW 77,55.100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 a� r ' Issue Date:May 06,2009 Control Number: 109034-2 ,I 3 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A "I IT'S Orr t , PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Renton City of Surface Water Utility ' ATTENTION: Daniel Carey 1055 S.Grady Way 5th floor Renton,WA 911057 425-430-7293 Project Name: Sediment Basin Cleaning and Maintenance Project Project Description: Remove accumulated sediment from the sediment basin and flow splitter; clear brush and debris from the high flow bypass channel; perform minor repairs to the stream channel;and place gravel in the channel at the Maplewood Golf Course located at 4050 Renton - Maple Valley Highway PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by May 14, 2012, provided that work below the ordinary high water line (OHWL) shall occur only between June 15 and September 15, unless otherwise approved by the Washington Department of Fish and Wildlife (WDFW)Area Habitat Biologist (AHB). 2. Work shall be accomplished per plans and specifications entitled, "OPERATIONS AND MAINTENANCE MANUAL MAPLEWOOD CREEK SEDIMENT BASIN AND FISH CHANNEL", dated September 1999, and "MAPLEWOOD CREEK SEDIMENT BASIN CLEANING', dated April 2009, submitted to and approved by WDFW, except as modified by this Hydraulic Project Approval (HPA). These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 3. The sediment basin and fish channel shall be maintained by the City of Renton per RCW ' 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the City of Renton shall be responsible for providing prompt repair under this HPA. Financial responsibility for maintenance and repairs shall be that of the City of Renton. NOTE: There are large angular rocks which were installed by the City between the sediment pond and flow splitter which continue to be a hindrance to fish migration. This portion of the stream needs to be continually monitored and adjustments made to ensure compliance with RCW 77.57.030. 1 4.A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. ' Pagel of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55,021-Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55,100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 06, 2009 Control Number: 109034-2 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A 6- A sandbag revetment or similar device shallbe installed at the downstream end of the bypass to prevent backwater from entering the work area. 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. , 8. Prior to releasing the water flow to the project area, all dredging shall be completed. 9. Releasing of water back in to the pond shall be done slowly, so that approximately 3/4 of the water flows through the bypass until the pond is full, to prevent dewatering of the stream and loss of fish life. 10. Upon completion of maintenance activities, all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. 11. Due to interception of spawning gravels in the sediment basin, spawning gravels shall be supplemented in the fish channel downstream of the sediment basin, as determined to be necessary by the WDFW AHB at the time of each sediment basin maintenance dredging. 12. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site whenever maintenance activities require a flow bypass. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. 13. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be ' adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 14. Dredged streambed materials shall be disposed of upland so they will not re-enter state ' waters. 15. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the stream. 16. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. 17. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be , made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. Page 2 of 5 ' Washington North Puget Sound "� HYDRAULIC PROJECT APPROVAL g ' Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 9 80 1 2-1 296 WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date:May 06,2009 Control Number: 109034-2 Project Expiration Date: May 14,2012 FPA/Public Notice#: NIA 18. Erosion control methods shall be used to prevent silt-laden water from flowing downstream. ' These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 19. Prior to starting work, the selected erosion control measures (Provision 18)shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control measures after completion of work_ ' 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 21. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 22. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into downstream state waters. 23. NOTIFICATION REQUIREMENT: The AHB shall receive written notification (e-mail to fisheldf@dfw.wa.gov) from the person to whom this HPA is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. ' PROJECT LOCATIONS Location #1 Maplewood Golf Course _ ' WORK START: May 06, 2009 rWORK END: May 14, 2012 WRIA- Waterbody: Tributary to: 08.0302 Maplewood Creek (rb) Cedar River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SW 1/4 15 123 N 05 E N 47.474238 W 122.16372 King Location#1 Driving Directions Page 3 of 5 Washington North Puget Sound HYDRAULIC PROJECT APPROVAL Department of 16018 Mill Creek Boulevard FISH and RCW 77.55,021-Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date:May 06, 2009 Control Number. 109034-2 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, , specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal)that maybe necessary for this project. , This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. , The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life of fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or ' bank stabilization projects)or 77.55.141 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after , consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77,55.301. APPEALS INFORMATION ' If you wish to appeal the issuance or denial of,or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. , A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181,and 77.55.291: A person who is aggrieved or adversely affected by the following Department ' actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North, Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party,and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and , his/her supervisor. If resolution is not reached,or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77-55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55,291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic ' Page 4 of 5 Washington North Puget Sound HYDRAULIC PROJECT APPROVAL � `Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34,05 RCW (425)775-1311 Issue Date: May 06,2009 Control Number: 109034-2 Project Expiration Date: May 14,2012 FPA/Public Notice#: N/A i Project Approval; s (B)An order imposing civil penalties; or ' (C)Anyother'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. 'i A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North,Olympia,Washington 98501-1091,within 30-days of L the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. 1 C.FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only),77.55.141, 77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to ' the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey,Washington 98504;telephone 360/459-6327. D.FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: Aperson ' who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE, Building Two-Rowe Six,P.O. Box 40903, Lacey,Washington 98504;telephone 360/459-6327. E.FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler(34) P2 Habitat Biologist „ for Director Larry Fisher 425-313-5683 "" WDFW CC: Page 5 of 5 1 ' DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF Regulatory Branch City of Renton, Surface Water Utility 0!-1 FE OF Ht1,4,Li ' Mr. Daniel Carey 1055 South Grady Way Renton, Washington 98057 rReference: NWS-2007-688 Renton, City of ' 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 (NWP) 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities and Nationwide Permit 33, Temporary Construction, Access and Dewatering (Federal Register, March 12, 2007 Vol. 72, No. 47), authorizes your proposal as depicted on the enclosed drawings dated April 2009. In order for this NWP authorization to be valid, you must ensure the work is performed in accordance with the enclosed Nationwide Permit 27 and 33, Terms and Conditions and the following special conditions: For compliance with the Endangered Species Act: a. You must implement and abide b the Endangered p y g d Species Act(ESA) requirements and/or agreements set forth in your Reference Biological Evaluation Specific Project Information. Form for Nearshore Fill, dated April 21, 2009, in its 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 and June 3, 2009 (NMFS Reference Number M/NWR/2007/04275). They will be informed on this permit issuance. Failure to comply with the commitments made in this document constitutes a non-compliance with the ESA and your Department of Army permit. The NMFS is the appropriate authority to determine compliance with ESA. ib. In order to protect Puget Sound Chinook and steelhead, the permittee may conduct the authorized activities from July 1 through September 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from September 16 through June 30 in any year this permit is valid. r r -2- You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. ' Deviating from the approved plans could result in the assessment of criminal or civil penalties. The authorized work complies with the Washington State Department of Ecology's ' (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required. We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA) 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 the NWP National General Condition regarding ESA 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. 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. , If you have any questions about this letter, please contact me at(206) 764-6901 or via email at Jacalen.M.Printz(a,usace.army.mil. , Sincerely, ' )"Qlm �• 1 ` l l Jacalen Printz, Project Manager , Regulatory Branch Enclosures , i . r ■ �� /�/ �� �•uruun„�1 11 � �j _, ■ ♦ �- v� rune Omani noun ■■� �►_ • ■.■ ■■ �■ /! .` / • �111''IIIII►ql 1111■111�1 �►►���``•�• / ���II,t.U: � NINE MEN ;1M fill a won fill _�_��� _, ��/'�� ��.IIIIIIIIIIIIi1t111I1 ��11110►� CC�_ ►��� ��_ _ IBM 111111 //ii//���►i�►per♦♦�i� .�.■-11,t.•C nun,:- nq� _"������ //////•/% — � �=lf a AIR ►o�ot�Uo�,■ �►�� • \\\` ��--• l• •�.I�►N Oil vp� /► I .• ♦��� /•`� ,.■t■■ttttl�t•'�' I►I•,1��1♦1♦.�1♦,♦�♦ I ♦�,'�,i►•►►i:=•� ��� L ��► =jam'_■ 1""1.xY►.�.Q. ♦ ♦j_ ♦O♦♦�i�i,_ '�II��♦�mA(� �� �I i I G♦i_♦ A_ �I�a�itt��►� t■t•� ttt� Body:Water Maplewood Reference •i s '• ' Project: Maplewood Creek SedimentBasin -. • •• of Renton Purpose: Remove sediment from basin and channel. Location: / • .• • •At/Near: • • • Renton, Washington, 98058 Date: April 2009 Sheet: 1 of PLAN VIEW - 1 _ MAPLEWOOD , CONCRETE INLET CREEK 18-IN BYPASS PIPE S _ diment Removal Locatio G - nt Locatio (typical) EXISTING ; V- egetation Thinnm pical) SEDIMENT BASIN SEE DETAIL McCARTY G,V PROPERTIES G DETAIL \ O S,V � - CLEANING EXISTING FLOW SPLITTER SEE DETAIL G,V SEE DETAIL SV 'c HIG FLOW � p0 (' BHA EL (D ) /. WbOQ GO OURSE � CD 9 D 1 Project Site Latitude: 47.4749 N Longitude: -122.1634 W 0 150 300 Section 15, 21, 22 Township 23N, Range 5E NORTH SCALE 1" - 300 FT , Adjacent Property Owners: CITY OF RENTON BASEMAP 1. Casey McCarty DATUM: NAVD 1988, FEET NW - I q%, 1 Water Body: Maplewood Creek Reference #: 398567-09-01 f Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington , Renton, Washington, 98058 Date: April 2009 Sheet: 2 of 12 PLAN VIEW - Sediment Basin EX. CON /ETE INL rb� _M PLE OD RE EX. 18" BYP SS PIPE BYPASS LO r` 0 ! TEMPORARY DIVERSION DAM FLOW IN BYPASS PIPE DURING BASIN CLEANING /��� ,� ,'� �� SEE DETAIL i i emov Sediment 11 i EX. 18" YPASS P E ,' . .:.:...: f EXISTING •• • . •.. ..• SEDIMENT BASIN . . i.. . 1 .. _ A .......... ..'. . ... .. . ._ .. .. .. .. .' i .................. ...... ._._.......... i i FLOW / : .• .. ; Remove ediment Fish Weir Fish La e 1 � _ Ov o Spillway I ` FLa Project Site Latitude: 47.4749 N Longitude: -122.1634 W 0 25 50 1 Section 15, 21, 22 Township 23N, Range 5E NORTH SCALE 1" - 50 FT CITY OF RENTON BASEMAP DATUM: NAVD 1988, FEET ( Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 ' Sheet: 3 of 12 BASIN GROSS-SECTION , CROSS-SECTION A-A SEDIMENT BASIN , ACCESS ROAD EL 115.2 (typical) Width Varies 90' to 20' O } oV o of `- i 18" Bypass Pipe PVC Liner , BASIN BOTTOM EL 108.7 (typical) REMOVE ACCUMULATED ATED SEDIMENT Approx 4 to 5 feet deep 2-0 9�- - Water Body: Maplewood Creek Reference #: 398567-09-01 j Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 4 of 12 , i t r EMPORARY DIVERSION DAM DETAIL APLEW CREEK OHW (A r PLASTIC SHEET TO SEAL DAM, SANDBAGS ;' ;' REDUCE E . CONC T �` �` UNDERFLOW II LET B EX. 8" BYP S PIPE 10, 1 B' / -20' TEMPORARY DIVERSION DAM APPROX 2.5 TO 3.5 FEET HIGH ` CONSTRUCTED OF SANDBAGS, \\ MEDIA BAGS, AND PLASTIC SHEETING (typical) i 0 5 10 Project Site Latitude: 47.4749 N NORTH SCALE 1" = 10 FT Longitude: -122.1634 W CITY OF RENTON BASEMAP Section 15, 21, 22 Township 23N, Range 5E DATUM: NAVD 1988, FEET N W5- o-� - 0 9$ Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 ' Sheet: 5 of 12 DIVERSION DAM LROSS-SECTION CROSS-SECTION B-B TEMPORARY DIVERSION DAM UPSTREAM OF SEDIMENT BASIN r OHW DEPTH APPROX -21 2 TO 4 INCHES SANDBAGS TO SEAL EDGES ' I AND ANCHOR PLASTIC FLOW I I -2.5' T03,5' --------C:� L CHANNEL PLASTIC SHEETING BOTTOM TO SEAL DAM MEDIA BAG OR OTHER MATERIAL EXISTING CONCRETE INLET TO FORM DAM AND BYPASS PIPE (IN FOREGROUND) r Project Site Latitude: 47.4749 N r Longitude: -122.1634 W Section 15, 21, 22 Township 23N, Range 5E Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 6 of 12 ' 1 FLOW SPLIT TER DETAIL % O TEMPORARY DIVERSION BERM APPROX 1.0 TO 1.5 FEET HIGH i CONSTRUCTED OF SANDBAGS i AND PLASTIC SHEETING MAPLEWOOD CREEK ' OHW (Approx) TO LOW C FLOW : ' CHANNEL / FLOW SPLITTER STRUCTURE ` C REMOV ACCUMULATED SEDIM NT OVERFLOW CHANNEL (DRY) 0 5 10 iProject Site Latitude: 47.4749 N NORTH SCALE 1"= 10 FT Longitude: -122.1634 W CITY OF RENTON BASEMAP 1 Section 15, 21, 22 Township 23N, Range 5E DATUM: NAVD 1988, FEET Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 7 of 12 FLOW SPLITTER CROSS-SECTION CROSS-SECTION C-C TEMPORARY DIVERSION BERM ` AT FLOW SPLITTER OHW DEPTH APPROX BERM FROM SANDBAGS 2 TO 4 INCHES AND PLASTIC SHEETING FLOW I-1 ,COMING I TbVVARD PAGE —2,5' �1,5' I I CHANNEL F — J L — BOTTOM _ _ — J REMOVE ACCUMULATED SEDIMENT OVERFLOW CHANNEL (dry) FLOW SPLITTER OVERFLOW WEIR Water Body: Maplewood Creek Reference #: 398567-09-01 i Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 8 of 12 TYPICAL GRAVEL PLACEMENT DETAIL THIN VEGETATION, ADJUST BOULDER ��Q v� LOCATIONS, IF NEEDED QO Q p O EX. BOULDER CLUSTERS �O O (TYPICAL) Qv w ORDINARY HIGH WATER LINE (TYPICAL) z m� 0 0 ° GRAVEL REPLACEMENT AREA 0 (TYPICAL) PLACE APPROX. 1 TO 2 CY OF < CLEAN GRAVEL ° SEE SECTION VIEW 0. 1 THIN VEGETATION, IF NEEDED iEX. ROOT I OG I 0 5 10 iNORTH SCALE 1" = 10 FT Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton ' Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 9 of 12 GHxAVEL PLACEMENT CROSS-SECTION TYPICAL SECTION D-D - (LOOKING UPSTREAM) EX.TREES AND EX. SHRUBS AND CUTTINGS SHRUBS PLANTED BY CITY THIN VEGETATION, , ADJUST BOULDER LOCATIONS, IF NEEDED WATER DEPTH VARIES 2"TO 6" (TYPICAL) EX. EAST BANK 0 OHWL � i ORIGINAL GRAVEL LAYER 12"THICK GRAVEL REPLACEMENT r WIDTH VARIES 6" TO 12"THICK (APPROX.) 5' TO 8' TYPICAL ERODED GRAVEL LEVEL (APPROX.) 1 TO 2 CY OF CLEAN GRAVEL GRAVEL REPLACEMENT* GRAVEL REPLACEMENT IN HIGH FLOW AREA IN LOW FLOW AREA SIZE Percent Finer by Weight SIZE Percent Finer by Weight 12"-9" 100 -70% 4" 1 DO -75% 9"-6" 70 -40% 2" 75 - 30% 6"-3" 40 -20% 1" 30 - 0% <1" 20% 1/4" 0% 0 5 *NOTE - Gravel Size SCALE 1" =5 FT May Be Revised By WDFW S ^ D C C, Water Body: Maplewood Creek Reference #: 398567-09-01 1 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton , Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 10 of 12 , t Y `APICAL CHANNEL CLEANING DETAIL ACCUMULATED SEDIMENT STARTING TO BLOCK CHANNEL REMOVE ACCUMULATED SEDIMENT THIN VEGETATION, BY HAND LABOR, VACTOR, OR SMALL IF NEEDED EXCAVATOR FROM TOP OF BANK. jORDINARY HIGH ISOLATE WORK AREA WITH WATER LINE TEMPORARY FILTER FABRIC, (TYPICAL) PLASTIC SHEETING, AND TOP OF BANK E SANDBAGS , AS NEEDED r 5 TO 8 FE F�� ical \ Old, EX. ROOT LOG ADJUST BOULDER LOCATIONS, IF NEEDED 0 5 10 NORTH SCALE 1" = 10 FT NoS - �-nT Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton 1 Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 11 of 12 CHANNEL CLEANING CROSS-SECTION- TYPICAL SECTION E-E EX. TREES AND SHRUBS ' (LOOKING UPSTREAM) PLANTED BY CITY TEMPORARY BERM , APPROX. 1 TO 1.5 FT HIGH FROM SANDBAGS, PLASTIC SHEETING, FILTER FA RIC TOP OF BANK WATER DEPTH VARI S 2"TO 6" (TYPICAL) OHWL THIN VEGETATION, IF NEEDED WIDTH VARIES ADJUST BOULDER 5' TO 6' TYPICAL LOCATIONS, IF NEEDED REMOVE ACCUMULATED SEDIMENT Typically 3 to 5 ft wide, 1 ft deep 0 5 ^^11 SCALE 1" =5 FT Water Body: Maplewood Creek Reference #: 398567-09-01 Project: Maplewood Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin and channel. At/Near: City of Renton Location: 4050 Maple Valley Highway King County, Washington Renton, Washington, 98058 Date: April 2009 Sheet: 12 of 12 1 NATIONWIDE PERMIT 27 '�y�pPF3 Ce�Ol Army Corps of Engineers Terms and Conditions of „ Seattle District Effective Date: September 10, 2007 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Spokane Tribe of Indians 401 Certification General Conditions J. Tribal 401 Certification Specific Conditions for this NWP K. CZM Consistency Response Specific Conditions for this NWP L. 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 2 (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. 1 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). 3 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. 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 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 1 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://ivw-w,fit,,5.gov/and http:Giti,wry-.noaa.:zov/frsheries.html respectively. 4 18.Historic Pro erties. a In cases where the district engineer determines that the activity may affect r p ( ) g y y e t 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 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 5 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 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. 6 25.Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide P P P Y e 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 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 7 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. (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 continents 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 8 1 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. 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. Corps Seattle District Regional General Conditions t1. Aquatic Resources Requiring Special Protection. The following restrictions apply to activities in Washington State requiring Department of the Army authorization: (a) Activities resulting in a loss of waters of the United States in a mature forested wetland,bog,bog-like wetland,aspen-dominated wetland,or alkali wetland are not authorized by NWP,except the following NWPs: NWP 3 Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 47 — Pipeline Safety Program Designated Time Sensitive Inspections and Repairs (b) For activities in or affecting a mature forested wetland,bog,bog-like wetland,wetland in a dunal system along the Washington coast,vernal pool,aspen-dominated wetland,alkali wetland,camas prairie wetland,or marine water with eelgrass beds(except for NWP 48)and not prohibited by the preceding general regional condition ].a., the permittee must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 27(Pre-Construction Notification). 2. Access.You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure that the work is being,or has been,accomplished in accordance with the terms and conditions of your permit. 3. Commencement Bay. Activities requiring Department of the Army authorization and located in the Commencement Bay Study Area are not authorized by the following NWPs: NWP 12 — Utility Line Activities(substations) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Projects NWP 23 — Approved Categorical Exclusions NWP 29 — Residential Developments NWP 39 — Commercial and Institutional Developments NWP 40 — Agricultural Activities 9 1 NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater Management Facilities 4. Bank Stabilization.All bank stabilization projects require pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 27(Pre-Construction Notification). Each notification must include a planting plan using native riparian plant species unless the applicant demonstrates that a planting plan is not appropriate or not practicable.Each notification must also include the following information,except as waived by the District Engineer: (a) Need for the work, including the cause of the erosion and the threat posed to structures,infrastructure, and/or public safety. (b) Current and expected post-project sediment movement and deposition patterns in and near the project area. (c) Current and expected post-project habitat conditions, including the presence of fish,wildlife and plant species in the project area. (d) Demonstration that the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include,but are not limited to,the use of bioengineering,biotechnical design, root wads, large woody debris,native plantings,and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions,explain how the bank stabilization structure incorporates elements beneficial to fish. (e) Assessment of the likely impact of the proposed work on upstream,downstream and cross-stream properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. NOTE: Information on designing bank stabilization projects can be found in the Washington Department of Fish and Wildlife's Integrated Streambank Protection Guidelines(http://i41xly.wdfx-.wa.goi:/hab/ahg/isz)e(Ioc.htm);King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem (http://d"nr.met7-okc.govlwlrlwatersheds/pu;etlnearshore/sofu htm);and three technical(white)papers—Marine and Estuarine Shoreline Modification Issues,Ecological Issues in Floodplains and Riparian Corridors,and Over-Water Structures:Marine, Freshwater, and Treated Wood Issues(http:/lwdfv.wa._oi/hab/ahgiahcnvhite.htm). 5. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if,during the course of conducting authorized work,human burials,cultural resources,or historic properties,as identified by the National Historic Preservation Act,are discovered and may be affected by the work. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act,and other pertinent laws and regulations could result in a violation of state and federal laws.Violators are subject to civil and criminal penalties. 6. Essential Fish Habitat. An activity which may adversely affect essential fish habitat,as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non-federal permittees shall notify the District Engineer if essential fish habitat may be affected by,or is in the vicinity of,a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat(i.e.,Pacific salmon,groundfish,and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at http:,'Zib'YVN%.nwr.noaa.col,I 1 7. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work and minimize the removal of native vegetation in riparian areas and wetlands to the maximum extent practicable. Areas subject to temporary vegetation removal in wetlands or riparian areas during construction shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. 10 D. Corps Regional Specific Conditions for this NWP: - 1. For projects subject to pre-construction notification and involving work that would result in any loss of waters of the U.S. in a special aquatic site(e.g.,mudflat, wetland or riffle and pool complex),the notification must explain why the loss is necessary and show how it would be fully offset by the beneficial impacts of the project. The notification must describe pre-project site conditions(including photographs),general wetland and other aquatic functions the site provides,and proposed maintenance and monitoring plans. 2. The permitee must submit a re-construction notification to the District Engineer P g eer in accordance with NWP General Condition 27(Pre-construction Notification)for any proposed project located in a Department of the Army permit compensatory mitigation site,Comprehensive Environmental Response, Compensation and Liability Act (Superfund)site,Resource Conservation and Recovery Act hazardous waste clean-up site,or Washington State Model Toxics Control Act clean-up site. NOTE: The restoration of former waters may occur in either tidal or non-tidal waters. However,NWP 27 may not be used for the enhancement or creation of tidal waters other than wetland and riparian areas. (See the AWP definition section for more information). NOTE: Conversion of wetlands dominated by native vegetation to open water habitat is not typically viewed as environmentally beneficial and would typically not be authorized under NWP 27. NOTE: Restoration projects involving shellfish seeding must use shellfish naturally present within the watershed (native shellfish)to be considered a restoration proposal under NWP 27. E. State 401 Certification General Conditions 1.For in-water construction activities. Individual 401 review is required under this condition for projects or activities authorized under NWPs that will cause,or be likely to cause or contribute to an exceedence of a State water quality standard(WAC 173-201A)or sediment management standard(WAC 173-204). State water quality standards can be located on Ecology's website:httn:%%www.ecv.wa.zoL;proarams%ivgi'swgs/. Sediment management standards can be located on Ecology's website: http.-Iliti,vil,14,.ec,i;.l.va..zoi-,Ibiblio,,hvacI 73204.html. Information is also available by contacting Ecology's Federal Permit staff. 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required by this condition for projects or activities authorized under NWPs if the project or activity may result in further exceedences of a specific parameter the waterbody is listed for on the state's list of impaired waterbodies(the 303(d)list). The current 303(d)listed waterbodies can be identified using search tools available on Ecology's website: http:i7ivww.ecv.rva.zoiiprozrains/wq/303di2002l20O2-index html or by contacting Ecology's Federal Permit staff. 3. Notification. For projects or activities that will require individual 401 review,applicants must provide Ecology with the written documentation provided to the Corps(as described in Corps Nationwide Permit General Condition 27,Pre-Construction Notification), including,when applicable: (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating I form. Note:Forms are available at Ecology's Wetlands website: http://ia�tivv.ecv.iva.zovl'prozi-amsivealweticznds/index htinl or by contacting Ecology's Federal Permit staff. (c) Coastal Zone Management Program"Certification of Consistency"Form if the project is located within a coastal county(Clallam Grays Harbor Island Jefferson King Kitsap Mason Pacific Pierce San Juan Skagit Snohomish,Thurston,Wahkiakum, and Whatcom counties). Note:Forms are available at the Army Corps of Engineers website:http://"iii,.nwv.usace.armv.mil or by contacting Ecology's Federal Permit staff. 11 (d) Other applicable requirements of Corps Nationwide Permit General Condition 27,Corps Regional Conditions,or notification conditions of the applicable NWP. Ecology's review time shall not begin until the applicable documents noted above have been provided to Ecology and Ecology has received a copy of the final Nationwide Permit verification letter from the Corps. 4. Aquatic resources requiring_special protection. Certain aquatic resources are unique,difficult-to-replace components of the aquatic environment in Washington State.Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1),except for: NWP 20—Oil Spill Cleanup NWP 32—Completed Enforcement Actions NWP 38—Cleanup of Hazardous Waste NWP 47—Pipeline Safety Program Repair (a) Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publication#s04-06-025 and#04-06-015): • estuarine wetlands • Natural Heritage wetlands • Bogs • old-growth and mature forested wetlands • wetlands in coastal lagoons • interdunal wetlands • vernal pools • alkali wetlands (b) Bog-like wetlands,aspen-dominated wetlands,camas prairie wetlands,and marine water with eelgrass beds (except for NWP 48). (c) Category I wetlands (d) Category II wetlands with a habitat score>29 points. 5. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publication#s06-06-01 la and#06-06-011b)and shall,at a minimum,include the following: (a) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (b) The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (c) The rationale for the mitigation site that was selected (d) The goals and objectives of the compensatory mitigation project (e) How the mitigation project will be accomplished,including proposed performance standards for measuring success and the proposed buffer widths (0 How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (g) How the compensatory mitigation site will be legally protected for the long-term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans(Ecology Publication#06- 06-011 b) for guidance on developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including advance mitigation and other programmatic approaches,such as mitigation banks and programmatic mitigation areas at the local level. If you are 12 interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person.(see http:,•'/ivNn4-.ecv.wa. ov/programvisea/ivetlands/contacts.htm) For information on the state wetland mitigation banking program go to: http:/%n�,�4,.ec,v.iva.gov/provrtims/sea/wetlandslin itizationlbankingiindex.html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. 7. Mill Creek Special Area Management Plan. This condition applies to all NWPs within the boundaries described in the Mill Creek Special Area Management Plan(SAMP),King County,Washington, dated April 2000(SAMP). The boundaries of the SAMP encompass all sub-basins and tributaries drained by Algona Creek,Auburn Creek, Bingaman Creek,Midway Creek,Mill Creek,and Mullen Slough.The area is bounded roughly on the south by 8t' Avenue N in Algona and 4 b Street NE in Auburn,on the east and north by the Ordinary High Water Mark of the Green River,and on the west by the plateau that parallels Interstate 5 above the Green River valley. Individual 401 review is required for projects or activities authorized under the NWPs unless: (a) The project or activity will result in fill-related impacts to only wetlands designated as developable under Alternative#8,as shown on Figure 4-8 of the SAMP. (b) Compensatory mitigation for such impacts is onsite and/or within the areas designated on Figure 3-3, "Maximum Areas for Restoration by Target Habitat Type,"in the SAMP Aquatic Resources Restoration Plan(April 2000). (c) Mitigation plans comply with the requirements of the SAMP and, in general,with the guidance in the interagency Wetland Mitigation in Washington State(March 2006;Ecology publications#06-06-011a and#06-06- 01 lb).Note: You can download the SAMP and Aquatic Resources Restoration Plan at http://laltgv.nws.usace.armv millPublicMenu/Menu cfm?sitename=REG&pa�Tenanle=Mill Creel; SAMP. - 8. State Certification for PCNs not receiving 45-dayresponse.In the event the U.S.Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days,the applicant must contact Ecology for Individual 401 review. F. State 401 Certification Specific Conditions for this NWP Certified,subject to conditions. Individual 401 review is required for projects or activities authorized under this NWP if 1. The project or activity involves fill in tidal waters. 2. The project or activity has impacts to wetlands. G. EPA 401 Certification General Conditions In order for any NWP authorization to be valid in Washington State,permittees must comply with all applicable 401 Certification general conditions. EPA 401 Certification general conditions apply to all NWP authorizations involving Section 404 activities on Native American Indian Tribal lands(excluding the tribal lands of the Chehalis Tribes,Port Gamble S'Klallum Tribe,Kalispel Tribe,Makah Indian Tribe,Puyallup Tribe, Spokane Tribe,and Tulalip Tribe)and Federal land with exclusive jurisdiction within Washington State. A. Special Aquatic Sites. Any activities in the following types of wetlands and waters of the U.S. will need to apply for an individual 401 certification: Mature forested wetlands;bogs;bog-like wetlands;wetlands in dunal systems along the Washington coast;vernal pools; aspen-dominated wetlands; alkali wetlands; camas prairie wetlands; salt marshes;or marine water with eelgrass beds. B. Soil Erosion and Sediment Controls. An individual 401 certification is based on the project or activity meeting established turbidity levels. EPA will be using as guidance the state of Washington's water quality standards [WAC 13 i 173-201a] and sediment quality standards[WAC 173-204]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. C. Compliance with Stormwater Provisions. Individual 401 certification is required for projects or activities not designed in accordance with Ecology's most recent stormwater manual or Ecology approved equivalent manual. D. Compliance with requirements of the National Pollutant Discharge Elimination System. For projects and activities requiring coverage under an NPDES permit,certification is based on compliance with the requirements of that permit. Projects and activities not in compliance with NPDES requirements will require individual 401 certification. E. Proiects or Activities Discharging to o Impaired Waters. Individual 401 certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies (the 303(d)List)and the discharge may result in further exceedence of a specific parameter the waterbody is listed for. EPA may issue 401 certification for projects or activities that would result in further exceedence or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 certification review. F. Notification. For projects requiring individual 401 certification,applicants must provide EPA with the same documentation provided to the Corps(as described in Corps National General Condition 27,Pre-Construction Notification),including,when applicable: (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,any other U.S.Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States.Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. (d)Other applicable requirements of Corps National General Condition 27,Corps Regional Conditions, or notification conditions of the applicable NWP. A request for individual 401 review is not complete until EPA receives the applicable documents noted above and EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G. Mitigation. An individual 401 certification is based on adequate compensatory mitigation being provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. Mitigation plans submitted shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State,Parts I and 2(Ecology Publication#06-06-011 a and#06-06-01 lb)and shall,at a minimum, include the following: 1. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. 2. The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded). 3. The rationale for the mitigation site that was selected. 4. The goals and objectives of the compensatory mitigation project. 5. How the mitigation project will be accomplished,including proposed performance standards for measuring success and the proposed buffer widths. 6. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. 7. How the compensatory mitigation site will be legally protected for the long-term. 14 1 H. Temporary Fills. An individual 401 certification is required for an activity where temporary fill will remain in � Y Y r rY wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. H. EPA 401 Certification Specific Conditions for this NWP Partially denied without prejudice.An individual 401 review is required for projects authorized under this NWP if: 1. The project or activities impact greater than acre,or 2. Any project that involves shellfish seeding activities. I. Spokane Tribe of Indians 401 Certification General Conditions Specific to the Reservation and the Tribal Water Quality Standards,the applicant must comply with the following when there could be a discharge to waters of the Spokane Indian Reservation: 1. The applicant shall be responsible for achieving compliance with the Spokane Tribal Water Quality Standards, 2.The applicant shall submit copies of applications materials to the Spokane Tribal Water Control Board for review and approval at the same time they are submitted to Army Corps of Engineers and prior to any disturbance activities. 3. The applicant shall comply with all Spokane Tribal Integrated Resource Management Plan(IRMP) guidelines for land use activities and disturbances. 4. The applicant shall allow the Tribal Water Control board and Interdisciplinary Team to inspect the area in question and adopt recommendations made throughout its operation. 5. Monitoring of the discharge shall occur at a level indicated by EPA and the Tribe,are subject to change,and shall be submitted to both entities. J. Tribal 401 Certification Specific Conditions for this NWP Denied without prejudice by the Chehalis,Kalispel,Makah,Port Gamble S'Klallum,Puyallup,and Tulalip tribes. Certified subject to general conditions by the Spokane Tribe. K. CZM Consistency Response Specific Conditions for this NWP Concur, subject to the following condition: 1. Where individual 401 review is triggered,an individual CZM Consistency Response must be obtained for projects located within the 15 coastal counties.A"Certification of Consistency"form must be submitted in accordance with State General Condition 3 (Notification). L. 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. 15 3. NWPs do not grant any property rights or exclusive pn veges. e y 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. 16 NATIONWIDE PERMIT 33 ,'+ wpsOp �9 of Engineers Army Corps of Terms and Conditions + Seattle District Effective Date: September 10,2007 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Spokane Tribe of Indians 401 Certification General Conditions J. Tribal 401 Certification Specific Conditions for this NWP K. CZM Consistency Response Specific Conditions for this NWP L. 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.) L Notification: The permittee must submit a re-construction notification to the district engineer prior to P P g commencing the activity(see general condition 27).The pre-construction notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions. (Sections 10 and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs 1. Navigation.(a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.(c)The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if, in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the 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 Floodnlains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 2 i - 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 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. �I 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://tivw�m,.fws.,zov/and http:i/i+,-iana-.noaa.goi./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 3 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 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 4 1 1 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 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 Ouality.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 5 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 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 6 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. (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 7 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 IF 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. Corps Seattle District Regional General Conditions 1. Aquatic Resources Requiring Special Protection. The following restrictions apply to activities in Washington State requiring Department of the Army authorization: (a) Activities resulting in a loss of waters of the United States in a mature forested wetland,bog,bog-like wetland,aspen-dominated wetland,or alkali wetland are not authorized by NWP,except the following NWPs: NWP 3 — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 47 — Pipeline Safety Program Designated Time Sensitive Inspections and Repairs (b) For activities in or affecting a mature forested wetland,bog,bog-like wetland,wetland in a dunal system along the Washington coast,vernal pool,aspen-dominated wetland,alkali wetland,camas prairie wetland,or marine water with eelgrass beds(except for NWP 48)and not prohibited by the preceding general regional condition La., the permittee must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 27(Pre-Construction Notification). 2. Access.You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure that the work is being,or has been,accomplished in accordance with the terms and conditions of your permit. 3. Commencement Bay. Activities requiring Department of the Army authorization and located in the Commencement Bay Study Area are not authorized by the following NWPs: NWP 12 — Utility Line Activities(substations) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Projects NWP 23 — Approved Categorical Exclusions NWP 29 — Residential Developments NWP 39 — Commercial and Institutional Developments NWP 40 — Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 Recreational Facilities NWP 43 — Stormwater Management Facilities 8 4. Bank Stabilization. All bank stabilization projects require re-construction notification to the District Engineer in P J q P g accordance with Nationwide Permit General Condition 27(Pre-Construction Notification). Each notification must include a planting plan using native riparian plant species unless the applicant demonstrates that a planting plan is not appropriate or not practicable. Each notification must also include the following information,except as waived by the District Engineer: (a) Need for the work,including the cause of the erosion and the threat posed to structures,infrastructure, and/or public safety. (b) Current and expected post-project sediment movement and deposition patterns in and near the project area. (c) Current and expected post-project habitat conditions,including the presence of fish,wildlife and plant species in the project area. (d) Demonstration that the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include,but are not limited to,the use of bioengineering,biotechnical design, root wads, large woody debris,native plantings,and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions,explain how the bank stabilization structure incorporates elements beneficial to fish. (e) Assessment of the likely impact of the proposed work on upstream,downstream and cross-stream properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. NOTE: Information on designing bank stabilization projects can be found in the Washington Department of Fish ' and Wildlife's Integrated Streambank Protection Guidelines(http://14,1a1ti'.14,dfx.wa.gol/hab;ahz/ispgdoc.htm);King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem (http://dnr.metrolcc.zov/i471riwatershedslpuzetlnearshorelsonr htm);and three technical(white)papers—Marine and Estuarine Shoreline Modification Issues,Ecological Issues in Floodplains and Riparian Corridors,and Over-Water Structures:Marine,Freshwater, and Treated Wood Issues(http://iv fiv.wa.zov/hab/ah,,iczhc—,vvhite.htnz). 5. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if,during the course of conducting authorized work,human burials, cultural resources,or historic properties,as identified by the National Historic Preservation Act,are discovered and may be affected by the work. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act,and other pertinent laws and regulations could result in a violation of state and federal laws. Violators are subject to civil and criminal penalties. 6. Essential Fish Habitat. An activity which may adversely affect essential fish habitat,as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non-federal permittees shall notify the District Engineer if essential fish habitat may be affected by,or is in the vicinity of,a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat(i.e.,Pacific salmon,groundfish,and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at h ttp://}VY1,,i4,.nits.noaa.zo y/ 7. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work and minimize the removal of native vegetation in riparian areas and wetlands to the maximum extent practicable. Areas subject to temporary vegetation removal in wetlands or riparian areas during construction shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. D. Corps Regional Specific Conditions for this NWP: 1. Temporary fills may be left in place no longer than six months unless the permitee requests and receives an extension from the District Engineer. 9 E. State 401 Certification General Conditions 1.For in-water construction activities. Individual 401 review is required under this condition for projects or activities authorized under NWPs that will cause,or be likely to cause or contribute to an exceedence of a State water quality standard(WAC 173-201A)or sediment management standard(WAC 173-204). State water quality standards can be located on Ecology's website:http://www.ecv.wa.zoi/prozi-amsl ,olvwqs/. Sediment management standards can be located on Ecology's website: h ttn://`4nvw.ecv.wa.zovlbibl i o%n%ac l 73204.htm 1. Information is also available by contacting Ecology's Federal Permit staff. 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required by this condition for projects or activities authorized under NWPs if the project or activity may result in further exceedences of a specific parameter the waterbody is listed for on the state's list of impaired waterbodies(the 303(d) list). The current 303(d)listed waterbodies can be identified using search tools available on Ecology's website: http://",i4,.ecv.wa..zov/pi-o�zrcims%wq/_303d/3003/2002-index html or by contacting Ecology's Federal Permit staff. 3. Notification. For projects or activities that will require individual 401 review,applicants must provide Ecology with the written documentation provided to the Corps(as described in Corps Nationwide Permit General Condition 27,Pre-Construction Notification),including,when applicable: (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form. Note:Forms are available at Ecology's Wetlands website: http://www.ecv.iva. ov/programs/.vea/wetlands;rndex html or by contacting Ecology's Federal Permit staff. (c) Coastal Zone Management Program"Certification of Consistency"Form if the project is located within a coastal county(Clallam,Grays Harbor,Island,Jefferson,King,Kitsap,Mason,Pacific,Pierce,San Juan, Skagit, Snohomish,Thurston,Wahkiakum, and Whatcom counties). Note:Forms are available at the Army Corps of Engineers website: http://�4n4,w.nws.itsace.armv.nlil or by contacting Ecology's Federal Permit staff. (d) Other applicable requirements of Corps Nationwide Permit General Condition 27,Corps Regional Conditions,or notification conditions of the applicable NWP. Ecology's review time shall not begin until the applicable documents noted above have been provided to Ecology and Ecology has received a copy of the final Nationwide Permit verification letter from the Corps. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique,difficult-to-replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1),except for: NWP 20—Oil Spill Cleanup NWP 32—Completed Enforcement Actions NWP 38—Cleanup of Hazardous Waste NWP 47—Pipeline Safety Program Repair (a) Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publication#s04-06-025 and#04-06-015): • estuarine wetlands • Natural Heritage wetlands • Bogs 10 • old-growth and mature forested wetlands ' • wetlands in coastal lagoons • interdunal wetlands • vernal pools • alkali wetlands (b) Bog-like wetlands,aspen-dominated wetlands,camas prairie wetlands,and marine water with eelgrass beds (except for NWP 48). (c) Category I wetlands (d) Category 11 wetlands with a habitat score>29 points. 5. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wtland and other water quality-related impacts of projects or activities authorized under the NWP Program. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publication#s06-06-01 la and#06-06-01 lb)and shall,at a minimum, include the following: (a) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (b) The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (c) The rationale for the mitigation site that was selected (d) The goals and objectives of the compensatory mitigation project (e) How the mitigation project will be accomplished,including proposed performance standards for measuring success and the proposed buffer widths (0 How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (g) How the compensatory mitigation site will be legally protected for the long-term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans(Ecology Publication#06- 06-01 lb)for guidance on developing mitigation plans. Ecology encourages the use of alternative mitigation approaches,including advance mitigation and other programmatic approaches,such as mitigation banks and programmatic mitigation areas at the local level. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person. (see http://xivw.ecv.wa.zoi�lpirog?•an7,s/.cca/wetlands/contactF.htni) For information on the state wetland mitigation banking program go to: http://ivwtiv.eci-.iva.00l,Ipiogtams/cea%wetlandsimitigatioia/bankiniz/indei html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. 7. Mill Creek Special Area Management Plan. This condition applies to all NWPs within the boundaries described in the Mill Creek Special Area Management Plan(SAMP),King County,Washington,dated April 2000(SAMP). The boundaries of the SAMP encompass all sub-basins and tributaries drained by Algona Creek,Auburn Creek, Bingaman Creek,Midway Creek,Mill Creek,and Mullen Slough. The area is bounded roughly on the south by 8`b Avenue N in Algona and 4 h Street NE in Auburn,on the east and north by the Ordinary High Water Mark of the Green River,and on the west by the plateau that parallels Interstate 5 above the Green River valley. Individual 401 review is required for projects or activities authorized under the NWPs unless: (a) The project or activity will result in fill-related impacts to only wetlands designated as developable under Alternative#8,as shown on Figure 4-8 of the SAMP. (b) Compensatory mitigation for such impacts is onsite and/or within the areas designated on Figure 3-3, "Maximum Areas for Restoration by Target Habitat Type,"in the SAMP Aquatic Resources Restoration Plan(April 2000). (c) Mitigation plans comply with the requirements of the SAMP and, in general, with the guidance in the interagency Wetland Mitigation in Washington State(March 2006;Ecology publications#06-06-01 la and#06-06- 11 T 011b).Note: You can download the SAMP and Aquatic Resources Restoration Plan at http://wia�4-.nws.usace.arinv.millPublicMenulMenu.efrn?sitename=REG&paename=Mill Creek SAMP. 8. State Certification for PCNs not receiving 45-day response. In the event the U.S. Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days,the applicant must contact Ecology for Individual 401 review. F. State 401 Certification Specific Conditions for this NWP Certified,subject to conditions. Individual 401 review is required for projects or activities authorized under this NWP if: 1. The project or activity has temporary fills left in place for more than 90 days. The 90 day period begins when fill is initially placed in wetlands or other waters of the state. G. EPA 401 Certification General Conditions In order for any NWP authorization to be valid in Washington State,permittees must comply with all applicable 401 Certification general conditions. EPA 401 Certification general conditions apply to all NWP authorizations involving Section 404 activities on Native American Indian Tribal lands(excluding the tribal lands of the Chehalis Tribes,Port Gamble S'Klallum Tribe,Kalispel Tribe,Makah Indian Tribe,Puyallup Tribe, Spokane Tribe,and Tulalip Tribe)and Federal land with exclusive jurisdiction within Washington State. A. Special Aquatic Sites. Any activities in the following types of wetlands and waters of the U.S. will need to apply for an individual 401 certification: Mature forested wetlands;bogs;bog-like wetlands;wetlands in dunal systems along the Washington coast;vernal pools;aspen-dominated wetlands; alkali wetlands;camas prairie wetlands; salt marshes;or marine water with eelgrass beds. B. Soil Erosion and Sediment Controls. An individual 401 certification is based on the project or activity meeting i established turbidity levels. EPA will be using as guidance the state of Washington's water quality standards [WAC 173-201a]and sediment quality standards[WAC 173-204]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. C. Compliance with Stormwater Provisions. Individual 401 certification is required for projects or activities not designed in accordance with Ecology's most recent stormwater manual or Ecology approved equivalent manual. D. Compliance with requirements of the National Pollutant Discharge Elimination System. For projects and activities requiring coverage under an NPDES permit,certification is based on compliance with the requirements of that permit. Projects and activities not in compliance with NPDES requirements will require individual 401 certification. E. Projects or Activities Discharginiz to Impaired Waters. Individual 401 certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies (the 303(d)List)and the discharge may result in further exceedence of a specific parameter the waterbody is listed for. EPA may issue 401 certification for projects or activities that would result in further exceedence or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 certification review. F. Notification. For projects requiring individual 401 certification, applicants must provide EPA with the same documentation provided to the Corps(as described in Corps National General Condition 27,Pre-Construction Notification),including,when applicable: 12 (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,any other U.S.Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. (d)Other applicable requirements of Corps National General Condition 27,Corps Regional Conditions,or notification conditions of the applicable NWP. A request for individual 401 review is not complete until EPA receives the applicable documents noted above and EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G. Mitigation. An individual 401 certification is based on adequate compensatory mitigation being provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. Mitigation plans submitted shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2(Ecology Publication#06-06-01 la and#06-06-01 lb)and shall,at a minimum, include the following: 1. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. 2. The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded). 3. The rationale for the mitigation site that was selected. 4. The goals and objectives of the compensatory mitigation project. 5. How the mitigation project will be accomplished, including proposed performance standards for measuring success and the proposed buffer widths. 6. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. 7. How the compensatory mitigation site will be legally protected for the long-term. H. Temporary Fills. An individual 401 certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. H. EPA 401 Certification Specific Conditions for this N" Denied without prejudice. Individual 401 certification required. I. Spokane Tribe of Indians 401 Certification General Conditions Specific to the Reservation and the Tribal Water Quality Standards,the applicant must comply with the following when there could be a discharge to waters of the Spokane Indian Reservation: 1. The applicant shall be responsible for achieving compliance with the Spokane Tribal Water Quality ORStandards. 2.The applicant shall submit copies of applications materials to the Spokane Tribal Water Control Board for review and approval at the same time they are submitted to Army Corps of Engineers and prior to any disturbance activities. 13 3. The applicant shall comply with all Spokane Tribal Integrated Resource Management Plan(IRMP) e_ guidelines for land use activities and disturbances. 4. The applicant shall allow the Tribal Water Control board and Interdisciplinary Team to inspect the area in ' question and adopt recommendations made throughout its operation. 5. Monitoring of the discharge shall occur at a level indicated by EPA and the Tribe,are subject to change,and shall be submitted to both entities. J. Tribal 401 Certification Specific Conditions for this NWP Denied without prejudice by the Chehalis,Kalispel,Makah,Port Gamble S'Klallum,Puyallup,and Tulalip tribes. , Certified subject to general conditions by the Spokane Tribe. K. CZM Consistency Response Specific Conditions for this NWP Concur, subject to the following condition: 1. Where individual 401 review is triggered,an individual CZM Consistency Response must be obtained for projects located within the 15 coastal counties. A"Certification of Consistency"form must be submitted in accordance with State General Condition 3 (Notification). L. 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. a 14 nvs or Programmatic Consultation — Phase I ' US Army Corps General Implementation Conditions of Engineers ��. Seattle District ' 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: ' l. 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 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. 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 1 - 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: a. Stabilize exposed ground. All exposed ground surfaces are stabilized prior to the closure r � 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. 2 ' e. Temporary erosion control. Permittee shall install-and maintain temporary erosion control and ensure that erosion control measures are inspected on a regular basis during ' the life of the construction. f. Use non-persistent and non-invasive plants. If plants are utilized for temporary erosion control, species selected shall be non-persistent and non-invasive. Sterile straw or hay bales shall be used to prevent introduction of weeds. Native vegetation will be planted on disturbed sites (including project site, disposal and staging areas, and access roads) when ' necessary to reduce soil erosion, establish cover, prevent invasive plant colonization, and provide shade. g. Stabilize and restore temporary upland access areas. Any temporary access areas will be ' built to avoid impacts to fish, wildlife, wetlands, or other sensitive resources. Construction of access roads and associated staging areas shall be protected with appropriate matting, i.e. sheet piling or geo-textile fabric placed under a gravel blanket or ' other suitable material. Any temporary roads or staging areas and associated matting constructed for the project will be removed and the area restored to pre-existing or enhanced conditions upon project completion. h. Use existing access areas. Where specified, existing upland access areas will be used to access the beach or stream areas. i. Sedimentation ponds. Sedimentation ponds, sump ponds, swales, pumps, and any supplemental treatment facilities (may include chemical batch treatment cells, high- volume mechanical filtering devices, with or without chemical treatment, flow-through clarifiers, with or without chemical treatment, flow-through ponds, with chemical treatment) necessary for a particular project must be constructed and operational prior to ' fill placement. The facilities will be designed to accommodate the runoff flow that can be expected depending on the time of the year project construction will take place. ' j. Wet season construction. If construction occurs during 1 November through 30 April of any year, only fill material containing less than 5 percent of very fine particles (such as silts, clays or the like) will be placed in the project area to reduce the amount of sedimentation generated in the construction stormwater runoff. k. Stormwater treatment. Stormwater collected in temporary sedimentation basins must be ' treated before release into any waterbody or wetland and monitored for pH, turbidity, and settleable solids, as well as bioassays to assess treated water toxicity. ' 1. Pumping of stormwater. Pumping of stormwater runoff to sedimentation ponds will be used when such a procedure can minimize impacts and/or allow flexibility in locating ' sedimentation ponds. m. Construction runoff. During construction, runoff from undisturbed areas will be routed around disturbed areas. This will reduce runoff quantities from exposed surfaces to further assure water quality standards are met. Diversion will be accomplished using diversion swales and/or temporary piping around construction areas. Pipe outlets, level 3 spreaders, swales, or other devices may be used to reduce erosion at the discharges of these diverted clean water flows. n. Stormwater management maintenance. The stormwater management facilities will be ' regularly maintained throughout the life of the project. Maintenance may include soil and turf repair as necessary, removal of sediment accumulation from the swales and ' ponds, and restoration of silt fencing,pipe outlets, and outfalls. 2. Water Quality Limited Streams. Before beginning work on Water Quality Limited , streams with limits on toxic substances, metals or organic chemicals, the permittee shall coordinate with the Washington State Department of Ecology(Ecology) to develop a sediment-testing plan. The plan shall include the proper testing protocol and reporting ' requirements. The results shall be submitted to Ecology, and permittee must receive Ecology approval before beginning work. The Washington State Water Quality Standards (WAC 173-201A) requires that runoff from construction projects not increase receiving stream ' turbidity by more than 5 NTU (Nephelometric Turbidity Units). IV. Spill Prevention and Control: Petroleum products, chemicals, fresh cement, construction, ' or deleterious materials shall not be allowed to enter waters (streams, lakes, or marine/estuarine areas) or wetlands. Permittees shall take the following precautions: 1. No fuel storage in or adjacent to waterbody. Areas for fuel storage, and refueling and ' servicing of construction equipment and vehicles, shall be located a minimum of 300 feet landward from the edge of any water body or wetlands. ' 2. No uncured concrete. No uncured concrete shall be placed in any water body. Where specified in this informal programmatic consultation, concrete must be cured before it comes , into contact with the waterbody. 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 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. , 4 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.). ' 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 r5 (80%) of the herbaceous revegetated area must be covered with native planted species or native recruit species. f. Contingency Plan. If the percent survival and cover of planted species (herbaceous ' and woody as outlined in the planting plan) does not achieve success (guidelines d and e), then remedial measures (e.g. replanting, soil amendments, or additional , monitoring)may be required until the Corps and USFWS have determined that success has been achieved. g. Non-native, invasive plant control. The presence of non-native, invasive plant , species shall not exceed 10% coverage of the revegetated area during the three-year monitoring period. A list of non-native, invasive wetland plant species for Western , Washington is provided in Table 1. h. Preservation. During and after the three-year monitoring period, any planted woody , vegetation within the revegetated areas shall not be removed, cut, or otherwise disturbed unless specifically approved, in writing, by the Corps. Herbaceous plants may be cut or mowed but not removed. Table 1: Common Non-native Plants Often Found in Western Washington (Source: Methods for Assessing Wetland Functions, Part 2: Procedures for Collecting Data, Washington , State Department of Ecology(99-116), 1999.) Washington's Wetlands ' SPECIES NAME COMMON NAME Agropyron repens Quackgrass Alopecurus pratensis,A. aequalis Meadow foxtail Arcticum minus Burdock Bromus tectorum, B. rigidus, B. brizaeformis, B. secalinus, B.japonicus, Bromes , B. mollis, B. commutatus, A 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. multiflorum, L. temulentum Ryegrass Lotus corniculatus Birdsfoot trefoil ' Lythrum salicaria. Purple loosestrife 6 ' Matricaria matricarioides - Pineapple weed Medicago sativa Alfalfa Melilotus alba, M. off inalis Sweet clover ' Phalaris arundinacae Reed canarygrass Phleum pratense Timothy Phragmites australis Common reed Poa compressa P.palustris, P.pratensis Bluegrass Polygonium aviculare, P. convolutus, P. cuspidatum, P. lapathifolium, Knotweeds P.persicaria, P. sachalineuse Ranunculus repens Creeping buttercup Rubus procerus (discolor), R. lacinatus, R. vestitus, R. macrophyllus, Non-native blackberries R. leucodermis Salsola kali Russian thistle Setaria viridis Green bristlegrass Sisymbrium altissimum, S. loeselii, S. officinale Tumblemustards Tanacetum vulgare Tansy Trifolium dubium, T.pratense, T. repens, T. arvense, T. subterraneum, Clovers T. hybridium Misc. cultivated species Wheat, corn, barley, rye, etc. 7 OOPPs OF 3 of Army Corps CERTIFICATE OF COMPLIANCE of Engineers� .r• Seattle District WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: NWS-2007-688 Name of Permittee: City of Renton 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. i ❑ The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. i 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 Madsen Creek PERMITS J Washington State Hydraulic Project Approval g Y pp ■ Army Corps of Engineers Nationwide Permit (will be issued before construction) Washington State Dept. of Ecology Water Quality Certification (will be issued before construction) Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard `-FISH and RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 V WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34.05 RCW 1 (425)775-1311 Issue Date: May 13, 2009 Control Number: 117208-1 Project Expiration Date: May 12, 2014 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR [Renton City of Surface Water Utility ATTENTION: Daniel Carey 1055 S. Grady Way 5th Floor Renton, WA 98057 425-430-7293 1 Project Name: Madsen Creek Sediment Basin Cleaning Project Description: Remove accumulated sediment from the sediment basin located in Madsen Creek approximately 1,000 feet upstream of State Route 169 behind 14937 Renton-Maple Valley Highway. PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by May 12, 2014, provided that work below the ordinary high water line (OHWL) shall occur only between June ' 15 and September 15, unless otherwise approved by the Washington Department of Fish and Wildlife (WDFW) Area Habitat Biologist (AHB). 1 2. Work shall be accomplished per plans and specifications entitled, "MADSEN CREEK SEDIMENT BASIN CLEANING", dated April 30, 2009, submitted to and approved by WDFW, except as modified by this Hydraulic Project Approval (HPA). These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources.'A copy of these plans shall be available on site during construction. t3. The sediment basin shall be maintained by the City of Renton per RCW 77.57.030 to ensure continued, unimpeded fish passage. If the structure becomes a hindrance to fish passage, the City of Renton shall be responsible for providing prompt repair under this HPA. Financial responsibility for maintenance and repairs shall be that of the City of Renton. 4. A temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 5. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. 6. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to 1 prevent backwater from entering the work area. 7. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. t8. Prior to releasing the water flow to the project area, all dredging shall be completed. Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound t Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 13, 2009 Control Number: 117208-1 Project Expiration Date: May 12, 2014 FPA/Public Notice#: N/A 9. Releasing of water back in to the pond shall be done slowly, so that approximately 3/4 of the i water flows through the bypass until the pond is full, to prevent dewatering of the stream and loss of fish life. 10. Upon completion of maintenance activities, all material used in the temporary bypass shall be removed from the site and the site returned to pre-project or improved conditions. 11. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site whenever maintenance activities require a flow bypass. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request WDFW assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. ' 12. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be ' adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. 13. Dredged streambed materials shall be disposed of upland so they will not re-enter state t waters. 14. Equipment shall be operated to minimize turbidity. During excavation, each pass with the ' bucket shall be complete. Dredged material shall not be stockpiled in the stream. 15. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. 16. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 17. Erosion control methods shall be used to prevent silt-laden water from flowing downstream. , These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of , exposed areas. 18. Prior to starting work, the selected erosion control measures (Provision 17) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control measures after completion of work. Page 2 of 5 ' Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 13, 2009 Control Number: 117208-1 ' Project Expiration Date: May 12, 2014 FPA/Public Notice#: N/A 19. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. ( 20. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 21. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into downstream state waters. 1 22. NOTIFICATION REQUIREMENT: The AHB shall receive written notification (e-mail to flsheldf@dfw.wa.gov) from the person to whom this HPA is issued (permittee) or the agent/contractor no less than three working days prior to start of work, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. IPROJECT LOCATIONS Location #1 Madsen Creek Sediment Basin r1/4SEC: K START: May 13, 2009 WORK END: May 12, 2014 Waterbody: Tributary to: 5 Madson Creek (lb) Cedar River Section: Township: Range: Latitude: Longitude: County:4 23 23 N 05 E N 47.46274 W 122.14227 King Location#1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS RO ALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the ' person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work. Page 3 of 5 f Washington HYDRAULIC PROJECT APPROVAL North Puget Sound &` Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55.100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 , Issue Date: May 13, 2009 Control Number: 117208-1 Project Expiration Date: May 12, 2014 FPA/Public Notice#: N/A , This Hydraulic Project Approval does not authorize trespass. , The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after , consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION i If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department , actions may request an informal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and , his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. , B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B)An order imposing civil penalties; or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. Page 4 of 5 ' Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 -Appeal Pursuant to Chapter 34.05 RCW Mill Creek,WA 98012-1296 WILDLIFE RCW 77.55,100-Appeal Pursuant to Chapter 34.05 RCW (425)775-1311 Issue Date: May 13, 2009 Control Number: 117208-1 Project Expiration Date: May 12, 2014 FPA/Public Notice#: N/A C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two- Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two-Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. I E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P2 Habitat Biologist for Director Larry Fisher 425-313-5683 `A "`�, �" -" WDFW CC: 1 1 1 Page 5 of 5 DEPARTMENT OF THE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 ' REPLY TO ATTENTION OF Regulatory Branch JUL 3 0 2009 RECEIVED ' AUG 0 3 2009 City of Renton, Surface Water Utility CITY OF RENTON Mr. Daniel Carey UTILITY SYSTEMS 1055 South Grady Way Renton, Washington 98057 ' Reference: NWS-2009-481 Renton, City of Dear Mr. Carey: ' We have reviewed your application to place a temporary diversion structure in Madsen Creek to dewater the creek during excavation of 500-1000 cubic yards of built-up sediments in Renton, King County, Washington. Based on the information you provided to us,Nationwide Permit 33, Temporary Construction, Access and Dewatering (Federal Register, March 12, 2007 Vol. 72,No. 47), authorizes your proposal as depicted on the enclosed drawings dated April 30, 2009. In order for this NWP authorization to be valid, you must ensure the work is ' performed in accordance with the enclosed Nationwide Permit 33, Terms and Conditions and the following special conditions: For compliance with the Endangered Species Act: a. You must implement and abide by the ESA requirements and/or agreements set forth in ' the Biological Evaluation for Madsen Creek Sediment Basin Cleaning, dated June 17, 2009, and the email addendum dated July 22, 2009, in their entirety. The National Marine Fisheries Service (NMFS) concurred with a finding of"no effect"based on this document on July 28, 2009 (NMFS Reference Number 2009/04133). Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. ' b. In order to protect Puget Sound Chinook and steelhead, the permittee may conduct the authorized activities from July 1 through September 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from September 16 through June 30 in any year this permit is valid. ' You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. ' The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required. 1 -2- 1 1 We have reviewed your project pursuant to the requirements of the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act in regards to 1 Essential Fish Habitat (EFH). We have determined that this project complies with the requirements of the NWP National General Condition regarding ESA and will not adversely affect EFH. 1 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 1 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. 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 1 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 1 information about our program is available on our website. If you have any questions about this letter, please contact me at (206) 764-6901 or via email 1 at Jacalen.M.Printz(ii),usace.army.mil. Sincerely, 1 1 Jacalen Printz, Project Manager Regulatory Branch 1 Enclosures 1 1 1 1 1 1 - VICINITY MAP 1 RENTON _ FRP 11:5 _ 1S i 69 1 _ cedar _ 3.Kolcsey 1 � 2.King Co. -1 ��/��, � - I -':. ,., S,yr• -'� •' � 4.Elliot FHA 1.New Life 1 PROJECT SITE cnu" 1 Project Site Latitude: 47.46274 N Longitude: -122.14227 W 0 2500 Section 23, Township 23N, Range 5E NORTH SCALE 1" =2500 FT Adjacent Property Owners: 1 1. New Life Church @ Renton 2. King County Housing Authority 3. Marion Kolcsey 4, Elliot Farm Homeowners Assoc. 1 Water Body: Madsen Creek Reference #: 633720-09-01 Project: Madsen Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin. At/Near: City of Renton 1 Location: 14935 Maple Valley Highway (approx.) King County, Washington Renton, Washington, 98058 Date: April 30 2009 ' Sheet: 1 of 5 1 PLAN VIE --Sediment 1 W pediment Basin 1 2.King Co. EXISTING SEDIMENT HA Property BASIN i l `fo I 1 J2o �� I EX. OVERFLOW CHANNEL : (DRY) y�Nev�kbe Church -..� Remove __ — I Prdperry Accumulated Sedimentfox Culvxrt �127x3' 24 MP f A f f •:.•:::. ::: GR� NORTH 1 EXl BYKSS PIPE 1 24" C►� 01 :':': �� Eft. Lae _ - r '' SCALE = 50 Feet 1 i ; FLOW IN BYPASS PIPE � � I TEMPORARY :f���^ / DURING BASIN CLEANING DIVERSION DAM SEE DETAIL _ -- _ 1 - EX. BYPASS I ' INLET MADSEN / - i i CREEK Project Site Latitude: 47.46274 N Longitude: -122.14227 W 0 50 1 Section 23, Township 23N, Range 5E NORTH SCALE 1"= 50 FT NWs- 2oo�- Ll,�I Water Body: Madsen Creek Reference #: 633 72009 01- - 1 Project: Madsen Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin. At/Near: City of Renton 1 Location: 14935 Maple Valley Highway (approx.) King County, Washington Renton, Washington, 98058 Date: April 30 2009 1 Sheet: 2 of 5 1 BASIN ( BOSS-SECTION CROSS-SECTION A-A SEDIMENT BASIN 1 ACCESS ROAD EL 122 ,!apical) ' Width N N Varies 20 to 90 O ' 24" Bypass Pipe BASIN BOTTOM ' EL 114 (typical) REMOVE ACCUMULATED SEDIMENT Approx 3 to 5 feet deep 1 ' Water Body: Madsen Creek y Reference #: 633720-09-01 t Project: Madsen Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin. At/Near: City of Renton Location: 14935 Maple Valley Highway (approx.) King County, Washington ' Renton, Washington, 98058 Date: April 30 2009 Sheet: 3 of 5 T MPORARY DIVERSE N DAM DETAIL TEMPORARY DIVERSION DAM APPROX 2 TO 3 FEET HIGH CONSTRUCTED OF CONCRETE BARRIERS OR.MEDIA BAGS, SANDBAGS, AND PLASTIC SHEETING (typical) if v0 Q' Q B / 1 PLASTI SHEET/ ' UNDERFLOW ' SANDBAGS ' B , / EX. 24" BYPASS IPE ' MADSEN CREEK OHW (Approx) 0 5 10 ' Project Site Latitude: 47.46274 N NORTH SCALE 1"= 10 FT Longitude: -122.14227 W CITY OF RENTON BASEMAP ' Section 23, Township 23N, Range 5E DATUM: NAVD 1988, FEET Water Body: Madsen Creek Reference #: 633720-09-01 Project: Madsen Creek Sediment Basin Cleaning Applicant: City of Renton Purpose: Remove sediment from basin. At/Near: City of Renton ' Location: 14935 Maple Valley Highway (approx.) King County, Washington Renton, Washington, 98058 Date: April 30 2009 , Sheet: 4 of 5 'DIVERSION DAM C" DSS-SECTION ' CROSS-SECTION B-B TEMPORARY DIVERSION DAM ' UPSTREAM OF SEDIMENT BASIN ' OHW DEPTH APPROX ' 2 TO 4 INCHES SANDBAGS -21 TO SEAL EDGES AND ANCHOR PLASTIC _ -2' TO 3' ' CHANNEL PLASTIC SHEETING BOTTOM TO SEAL DAM ' CONCRETE BLOCK MEDIA BAG OR ' EXISTING INLET OTHER MATERIAL AND BYPASS PIPE TO FORM DAM (IN FOREGROUND) 1 ' Water Body: Madsen Creek y Project: Madsen Creek Sediment Basin Cleaning Reference #: 633720-09-01Applicant: City of Renton ' Purpose: Remove sediment from basin. At/Near: City of Renton Location: 14935 Maple Valley Highway (approx.) King County, Washington ' Renton, Washington, 98058 Date: April 30 2009 Sheet: 5 of 5 �pP50.� ' NATIONWIDE PERMIT 33 ;�� . US Army Corps Terms and Conditions of Engineers�� Seattle District Effective Date: September 10, 2007 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs ' C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP ' E. State 401 Certification General Conditions t F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions ' H. EPA 401 Certification Specific Conditions for this NWP t I. Spokane Tribe of Indians 401 Certification General Conditions J. Tribal 401 Certification Specific Conditions for this NWP ' K. CZM Consistency Response Specific Conditions for this NWP ' L. Additional Limitations on the Use of NWPs t 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.) ' it ( � 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 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://wm4,fivs.gov/and http://"n4>noaa.jzoillfisheries.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 3 notification,unless the district engineer determines in writing that some other form of mitigation would be more ' I 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 ' I 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, I 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 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 't 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 5 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. (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 ' 7 4. Bank Stabilization.All bank stabilization projects require pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 27(Pre-Construction Notification). Each notification must ' include a planting plan using native riparian plant species unless the applicant demonstrates that a planting plan is not appropriate or not practicable.Each notification must also include the following information,except as waived by the District Engineer: ' (a) Need for the work,including the cause of the erosion and the threat posed to structures,infrastructure, and/or public safety. (b) Current and expected post-project sediment movement and deposition patterns in and near the project area. (c) Current and expected post-project habitat conditions,including the presence of fish,wildlife and plant , species in the project area. (d) Demonstration that the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include,but are not limited to,the use of bioengineering,biotechnical design, root wads,large woody debris,native plantings,and beach nourishment in certain circumstances. If rock must be , used due to site erosion conditions,explain how the bank stabilization structure incorporates elements beneficial to fish. (e) Assessment of the likely impact of the proposed work on upstream,downstream and cross-stream , properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. NOTE: Information on designing bank stabilization projects can be found in the Washington Department of Fish , and Wildlife's Integrated Streambank Protection Guidelines(http://nn4w.ivd6v.wa.Qov/hab/ahg/ispzdoc.htm);King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem (http://dnr.metrok-c.zov/wlrlwatersheds/pti,zetlnearshorelsonr.htnt);and three technical(white)papers—Marine and , Estuarine Shoreline Modification Issues,Ecological Issues in Floodplains and Riparian Corridors,and Over-Water Structures:Marine,Freshwater, and Treated Wood Issues(http://wd .wa.yoi/hablahzlahzwhite.htm). 5. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer , within 24 hours if,during the course of conducting authorized work,human burials,cultural resources,or historic properties,as identified by the National Historic Preservation Act,are discovered and may be affected by the work. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 , Appendix C,the National Historic Preservation Act,and other pertinent laws and regulations could result in a violation of state and federal laws.Violators are subject to civil and criminal penalties. 6. Essential Fish Habitat. An activity which may adversely affect essential fish habitat,as identified under the ' Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non-federal permittees shall notify the District Engineer if essential fish habitat may be affected by,or is in the vicinity of,a proposed activity , and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat(i.e.,Pacific salmon,groundfish,and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at ' hqp://www.nwr.noaa.g 7. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before ' beginning work and minimize the removal of native vegetation in riparian areas and wetlands to the maximum extent practicable. Areas subject to temporary vegetation removal in wetlands or riparian areas during construction shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. ' A Corps Regional Specific Conditions for this NWP: ' 1. Temporary fills may be left in place no longer than six months unless the permitee requests and receives an extension from the District Engineer. , 9 t ' • old-growth and mature forested wetlands • wetlands in coastal lagoons • interdunal wetlands • vernal pools • alkali wetlands 1 (b) Bog-like wetlands,aspen-dominated wetlands,camas prairie wetlands,and marine water with eelgrass beds (except for NWP 48). ' (c) Category I wetlands (d) Category II wetlands with a habitat score>29 points. 5. Mitigation, 401 Certification is based on adequate compensatory mitigation being provided for wtland and other ' water quality-related impacts of projects or activities authorized under the NWP Program. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publication#s06-06-01 la and#06-06-01 lb)and shall,at a ' minimum,include the following: (a) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (b) The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (c) The rationale for the mitigation site that was selected ' (d) The goals and objectives of the compensatory mitigation project (e) How the mitigation project will be accomplished,including proposed performance standards for measuring success and the proposed buffer widths ' (f) How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (g) How the compensatory mitigation site will be legally protected for the long-term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans(Ecology Publication#06- 06-01 lb)for guidance on developing mitigation plans. ' Ecology encourages the use of alternative mitigation approaches,including advance mitigation and other programmatic approaches,such as mitigation banks and programmatic mitigation areas at the local level. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person.(see http://www.ecv.wa.zov/proyamslvea/wetlandslcontacts.htni ' For information on the state wetland mitigation banking program go to: hQ://www.ecv.vva.zov/prozramslsealwetlands/mitigation/banking/index.html ' 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. 7, Mill Creek Special Area Management Plan. This condition applies to all NWPs within the boundaries described ' in the Mill Creek Special Area Management Plan(SAMP),King County,Washington,dated April 2000(SAMP). The boundaries of the SAMP encompass all sub-basins and tributaries drained by Algona Creek,Auburn Creek, Bingaman Creek,Midway Creek,Mill Creek,and Mullen Slough.The area is bounded roughly on the south by 8`h 1 Avenue N in Algona and 4 b Street NE in Auburn,on the east and north by the Ordinary High Water Mark of the Green River,and on the west by the plateau that parallels Interstate 5 above the Green River valley. Individual 401 review is required for projects or activities authorized under the NWPs unless: (a) The project or activity will result in fill-related impacts to only wetlands designated as developable under Alternative#8,as shown on Figure 4-8 of the SAMP. (b) Compensatory mitigation for such impacts is onsite and/or within the areas designated on Figure 3-3, t "Maximum Areas for Restoration by Target Habitat Type,"in the SAMP Aquatic Resources Restoration Plan(April 2000). (c) Mitigation plans comply with the requirements of the SAMP and,in general,with the guidance in the interagency Wetland Mitigation in Washington State(March 2006;Ecology publications#06-06-011 a and#06-06- I 11 (a) A description of the project,including site plans,project purpose,direct and indirect adverse environmental , effects the project would cause,any other U.S.Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. , (b) Delineation of special aquatic sites and other waters of the United States.Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed , mitigation or restoration plan may be submitted. (d)Other applicable requirements of Corps National General Condition 27,Corps Regional Conditions,or notification conditions of the applicable NWP. A request for individual 401 review is not complete until EPA receives the applicable documents noted above and , EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. , G. Mrti ag tion. An individual 401 certification is based on adequate compensatory mitigation being provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. Mitigation plans submitted shall be based on the Joint Agency guidance provided in Wetland Mitigation in , Washington State,Parts 1 and 2(Ecology Publication#06-06-01 la and#06-06-01 lb) and shall,at a minimum, include the following: 1. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. , 2. The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded). 3. The rationale for the mitigation site that was selected. , 4. The goals and objectives of the compensatory mitigation project. 5. How the mitigation project will be accomplished,including proposed performance standards for measuring ' success and the proposed buffer widths. 6. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring t will often be necessary. 7. How the compensatory mitigation site will be legally protected for the long-term. H. Temporary Fills. An individual 401 certification is required for any activity where temporary fill will remain in t wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. H. EPA 401 Certification Specific Conditions for this NWP Denied without prejudice. Individual 401 certification required. ' I. Spokane Tribe of Indians 401 Certification General Conditions Specific to the Reservation and the Tribal Water Quality Standards,the applicant must comply with the following ' when there could be a discharge to waters of the Spokane Indian Reservation: 1. The applicant shall be responsible for achieving compliance with the Spokane Tribal Water Quality ' Standards. 2.The applicant shall submit copies of applications materials to the Spokane Tribal Water Control Board for ' review and approval at the same time they are submitted to Army Corps of Engineers and prior to any disturbance activities. 13 I �pP6 OF I 1 I Phi �'atY a of Army corps CERTIFICATE OF COMPLIANCE of Engineers c, Seattle District WITH DEPARTMENT OF THE ARMY PERMIT grow ' Permit Number: NWS-2009-481 Name of Permittee: City of Renton ' Date of Issuance: J U L 3 0 2009 ' 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 -o k 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 1 1 1 1 y�PP6 pF� a Army Corps of Engineers�: CERTIFICATE OF COMPLIANCE of Seattle District WITH DEPARTMENT OF THE ARMY PERMITm�� Permit Number: NWS-2009-481 Name of Permittee: City of Renton , Date of Issuance: J U L 3 0 2009 , Upon completion of the activity authorized by this permit, please check the applicable boxes , below,sign this certification, and return it to the following address: Department of the Army , U.S. Army Corps of Engineers Seattle District, Regulatory Branch , Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a , U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your project is subject to suspension, modification, or revocation. ' The work authorized by the above-referenced permit has been completed in , u accordance with the terms and conditions of this permit. The mitigation required (not including monitoring)by the above-referenced ❑ permit has been completed in accordance with the terms and conditions of this permit. Signature of Pe ee l�un;e j Ca!``y / 1 C ''7 ,y f �'t� �a w , SU r_r_X CC Lc/cZ Y-r! u Tf jf Ti 2-07 STATE p.,n R Q W _ � ' ��'L 1889 any STATE OF WASHINGTON ' DEPARTMENT OF ECOLOGY Northwest Re July 10, 2007 EXAMPLE — 2007 Permit 2009 Permit should be similar. 1 Daniel Carey CITY OF RENTON City of Renton Surface Water Utility UTILITY SYSTEMS ' 1055 S. Grady Way, 5th Floor Renton WA 98057 ' Dear Sir or Madam: RE: U.S. Army Corps of Engineers Reference#NWS-2006-688-NO ' Nationwide Permit#27 and Nationwide #33 for Maplewood Creek Sediment Basin, Maplewood Creek, King County,Washington ' This letter is to confirm that the above-referenced project will not require an individual water quality certification or Coastal Zone Management consistency determination from the Department of Ecology. Your project does not meet our criteria for requiring an individual ' certification under Nationwide Permit#27 or Nationwide Permit#33. Please note,that this letter does not exempt the applicant from compliance with other ' requirements'of federal, state, and local agencies. ' Please contact me if you have any questions regarding this letter at(425) 649-7271 or e-mail lenl461 gecy.wa.gov. Sincerely, 1 tLori C. Enlund Federal Permit Assistant ' Shorelands and Environmental Assistance Program LCE:cja ' cc: Amy Klein, U.S. Army Corps of Engineers Penny Keys,Ecology ' Loree'.Randall, Ecology - � .. t t t t � 1999 CLEANING MEMO AND CURRENT PHOTOS 1 1 1 1 I 1 1 1 1 1 CITY OF RENTON MEMORANDUM DATE: October 7, 1999 TO: Maplewood Sediment Basin File 1 FROM: Daniel Carey SUBJECT: Maplewood Creek Sediment Basin Cleaning Notes and Observations The sediment basin was cleaned between 9/20/99 and 9/29/99. The following notes and attached figures and photos are for future reference when the basin needs cleaning again. Time Needed 9/20 Monday Mobilized to site - 4 to 6 hrs 9/21 Tuesday Setup, organize, try to build first bypass dam (not successful) - 8 hr 9/22 Wednesday Build bypass dam - 2 to 4 hr (with material from previous day). Drain basin and Rescue fish - 4 to 5 hrs. 9/23 Thursday Start removing sediment, stockpile to dewater- 8 hrs 9/24 Friday Removing sediment, haul to dispose on golf course - 8 hrs 9/25 Saturday Removing sediment, haul to dispose on golf course 8 hrs 9/27 Monday Finish removing sediment, place rocks in upper creek, start refilling basin over night - 8 hrs 9/28 Tuesday Place rocks in upper creek, remove bypass dam, drain and close bypass pipe, general raking. - 8 hrs 9/29 Wednesday General clean up and demobilize - 8 hrs (est.) Cleaning takes about 2 weeks. Allow more time for the silty sediment to dry out. j Cost Because we the proposed lump sum prices from the fish channel contractor (we already had a contract with) seemed too high we decided to use T & M for the work. It cost about $3,200 per day (full working day, excavator, loader, dump truck, including 8.6% tax). Disposal cost was minimal because the golf course took all the material for landscaping and future course revisions. The cost for hauling off site was estimated at $10 per cy for the truck and driver, plus $4 per cy for dry soil or $8 per cy for wet soil. The material could have gone to a soil site near Cedar Hills landfill, about a 2 '/2 hour round trip. Observations and Lessons Learned McCarty Trout Pond Be sure the adjacent property owner with the fish pond (Casey McCarty) is notified at least one week before the work starts. He will have to get a pump and place it in the creek adjacent his property to keep his fish pond full of fresh water. Be sure his inlet valve (in the sediment basin) is closed before starting to dewater the basin. Open the old bypass valve on the golf course (at the southeast corner of the pump shack, the key for the valve is in the pump shack). When that valve is closed it allows McCarty to back up water in the pipe into his pond. When the valve is open it allows water from the pipe (and sediment basin) to drain into the old creek bed. Bypass Dam Build the bypass right at the concrete inlet. First place sand bags across bottom of creek to conform to bottom and help form a seal. Then place media bags (fabric bags filled with gravel/sand, about 3 ft square) on top of the sand bags. Place plastic membrane (one large sheet) on top of media bags and extending upstream about 15 feet out from bags. The membrane is placed about 15 feet upstream of the dam to help seal the bottom and reduce water bypass under the dam. The plastic membrane should be directed into the bypass structure. Use sand bags on top of the membrane and on the sides to seal it. Need sand bags along the upstream edge to help seal it. Dig a sump downstream of the bypass dam (about 5 to 8 feet) and place a submersible pump in it. Pump any seepage that gets past the dam back upstream. Be ready to rescue fish in the creek immediately after the bypass dam is placed. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1602 1999-Cleaning-MemoPics\1999 Cleaning Memo-Notes.DOC\DWC\tb Dewatering Basin Start early in the day Use the 8-inch valve in the overflow weir and fish weir to initially draw the basin down. Slowly let the flow out to minimize the sediment stirred up. When the old valve at the golf course shack is opened the McCarty inlet can also be used to draw down the water level. After the water level is below the valve invert use a portable pump to remove water from the bottom of the basin. Flow from the 8-inch underdrain pipe is slow and didn't seem sufficient to dewater the sediment. Fish Rescue Allow the entire day to draw the pond down and rescue fish. The fish need to be rescued as soon as possible. When the water level is low it may get too hot or oxygen depleted to allow them to survive for more than a few hours. Draw the water level down so there is only a small pond area, then net the fish in the pond (on 9/22/99 we captured about 40 to 60 fish from the pond). The WDFW electro shocker didn't seem to work too well. We turned it up to higher level than shown on the instructions. Some fish were shocked and beached themselves, making capture easy. Wading with the shocker stirred up the silt and made it hard too see any shocked fish. When the water level was low (4 to 8 inches) it was possible to lay on the overflow weir and reach down to net fish. This worked a little better than electro shocking. When the McCarty inlet is used to drain the pond one person should be at it to net fish. A I large number of smaller fish (1 to 2 inch) were captured there. Some of the rescued fish were placed in the top cell of the fish ladder, some were placed in the bottom cell or pool at the outlet. Recommendation - Make a large net (say 1.5' high by 3' to 4 ' wide) so it's easier to scoop and capture fish. The net will have to be made before the project begins. You could also try to use an area net cast on the bottom, herd the fish to that side, then draw it up and capture them. Silty Soil at South End of Basin Clean the basin before more than 1 foot of silt accumulates at the south end. The silty soil at the south end needs time to dewater. Allow 3 to 4 days in the hot sun after the basin is emptied. It may also help to stack the silty material in the basin and let it continue to dewater before finally hauling away for disposal. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1602 1999-Cleaning-MemoPics\1999 Cleaning Memo-Notes.DOC\DWC\tb Sediment Removal First the trackhoe worked at the north end of the basin on the stable granular sediment. It scraped the upper channel, then moved onto the delta at the north end of the basin. It was able to sit on the delta, scrape the granular soil toward it, and form a large stockpile that would dewater. A front end loader was used to move granular soil stockpiled at the north end to a stockpile in the upper parking lot. The 1 foot granular layer above the liner felt hard when encountered, and was stable for the trackhoe to drive on. It was easy for the operator to detect when he had excavated through the sediment and reached the granular layer. The operator stockpiled some silty material on the granular soil and let it dewater over night. It lost some water and seemed drier and easier to work the next day. Recommend - Allow the silty soil 2 days to dry in place, then pile it in stockpiles in the basin so it can dewater further. Refilling the Basin It took about 12 to 16 hours to completely refill the basin at about 1/2 the flow. The 8-inch valve in the fish weir was opened about % of the way and the water level in the fish weir and basin was allowed to stabilize overnight. That placed the water level in the pond at about 4 inches below the fish weir. Next the bypass dam was removed and all the creek flow went into the sediment basin. The 8-inch valve in the overflow spillway was opened to keep about '/2 the total flow to the fish channel on the golf course (it should NOT be dried up). The water level in the pond was allowed to rise to just below the fish weir. The water level in the upper cell in the fish ladder needed to be draw down to drain the 18- inch bypass pipe, and avoid trapping any fish that may have swum into it. The 18-inch valve on the southwest side of the fish ladder was opened to draw down the water in the upper cell, the bypass pipe valve was closed, then the 18-inch fish ladder valve was closed. The 8-inch valve in the fish weir was opened to refill the upper cell from the sediment basin. The upper cell took about 1 hour to fill. The water level in the pond took about another hour to reach the top of the fish weir and begin flowing into the fish ladder. After flow had reestablished itself in the entire fish ladder the 8-inch valve in the overflow weir was closed and the sediment basin resumed normal operation. Note - The 8- and 18-inch valves had a small flow of water going through them after they were closed. After 2 or 3 days most of the flow stopped. Note - The 8-inch canal gate in the overflow weir was hard to close. The sliding gate valve seemed to be off center and scraping along one side. With too much force the valve stem bends and may eventually break. Use a hammer to tap the high side of the gate down and the valve should slide easily. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 Maplewood BASIN\2009 Pond Cleaning\1602 1999-Cleaning-MemoPics\1999 Cleaning Memo-Notes.DOC\DWC\tb W p r , JB :y X: T � 4 y p,� f w , r � Y i ell +0 Cl Z a C ® d o, a CO va m ' - CL r�s iw r�r t� it At rr r 4W M 9/22/99 Bypass Dam Pump in sump ' downstream of dam to catch any f low ,' s f getting past dam - s A Fish in sediment basin Fish rescued ►, out of basin ' w� III � 9/23/99 Trackhoe working ~ on coarse sediments at north end of basin f # 1k, Siltysediments at South end of basin ' f 'About 2 feet of . silty sediment at South end of basin. _ r- •;. - } w Gravel layer below silt �- .,�.,, - �» 6:' ��.. -• ++ tit u z 3 f R R < a m ,r. s w ff t qC Wr C i c 74 — a Cl CD zo — �.. E - a� Uo m o MGM mom s � w"l latl em r00 rftw � t 9/27/99 Basin with sediment removed 1 , 9/28/99 - Flow into newly cleaned basin y, , A0;- _t `A North end, t rock weirs of newlycleaned basin "` ' y 4 Y V Iry _ � cK R - " �► 05. 21 . 2009 f A,1 j+s i Flow Splitter Cleaning High Flow Channel (dry) 'X 2009 Flow Splitterz,„ Looking southwest, accumulated sediment , 4 =" r 'y I 2004 Flow Splitter Looking southwest, after cleaning 2004 Flow Splitter Looking west, • _ _j after cleaning Maplewood Basin - Vegetation Maintenance i Remove section of roots/tree i v V2 - Remove branches (not all a 4 r 9 F shown) Tf' _ • Typical •- grass r nd sediment removal, _ about to 5 feet • • (other sections • shown) a, b e � Madsen Creek Basin � 2008 Cleaning � and Current Photos i 1 1 1 1 L 1 1 i Madsen Sediment Basin 11 : Cleaning Temporary Bypass Dam Looking southwest g- �a r Second r • Pump to collect flowgetting past • r rr ,� PM ` 4 '� 24-inch inletTemporary Dam and bypass • • - inlet /�• ► Looking northeast �a 09 08. z00B J� S lift dot 4, it 9. 08 2008 .4 09 08 2008 -I a:' �y� • i • • w a _ Madsen Sediment y Basin .y :. after cleaning. •.4E &fi�� .-a <�tSouth end. Looking southwest fi A 12. 2008 Basin after cleaning. r middle. L• • • northwest v v Basin after cleaning. North end. Looking north a • yy s � - �yt Madsen Basin Existing Conditions - 2009 ' South end of basin. Looking southwest 1 h� Middle of basin. Looking northwest 1 1 1 1 North end of basin. Looking north e,�, >.� '.._. -3- i .,. •,.. -.:, tiff.. � REFERENCE PLANS 1 1996 Sediment Basin � Design Plans, ' Flow Splitter Plans ' (Partial Set) i 1 1 1 1 1 1 1 1 I Z- ROCK WALL TRANSITIONS TO T.O. ROCK WALL BE SIMILAR TO BOX CULVERT j' EL. 91.5 TYP •:i , , 1 /i i/ �� j TYP TRANSITION 3 PLCS; 3 PLCS /TOE ROCKS SEE SECT G-G SHEET 10 i 2' THICK LAYER' TYP OF RIPRAP TYP � LIMIT OF CRUSHED 2' THI ��AVER GRADE LOG 9� I GRAVEL SURFACING TYP I OF I r" TYP 88 � rY`y j I 12 MAINTAIN 1' _ - FROM CUT OF PAVEMEI 86 2 g0 g8 7 \\ 1 /F �rrtgolir!Lice I _ _ = `` 91^w` f �� 1' EnCovnfered 85 \1\ STREAMBED GRAVEL, SCALE LIMITS / SEE SHEET 14 ; FOR SPLITTER / 90 STRUCTURE �! L �91.5 85.5// / / Ii %j¢J,' 7.7 90 / CON ELEV OF \� EXIST PROTECT/ o. Q� 0 FROM D00 Y�MA SPLI7TER STf�,UCil E t4 OVERFLOW WEAR 49` G 00 CONSTRUCTION LIMITS TYP. I 2' THICK iAYER OF RIPRAP y' % / /1:1, DOWNSTREAM OF OVERFLOW z CHANNEL DOWNSTREAM \\ 1 i OF SPUTTER STRUCTURE WEIR WITHIN LIMITS SHOWN, o 1 SCALE LIMITS ' IITO BE PER TYPICAL o SECTION D-D SHEET 9 e PLACE APPROX (12) 6' LG (� m PRECAST CONCRETE CURB STREAMBED;GRAVEL TYP. '' ''' \ 3 UNITS AS SHOWN; ANCHOR �,.' I Qo PER SECT E-E SHEET 10 SPLIT1'ER STRUCTURE GRADING PLAN xOTE�U D1apNC PIAN SN¢1 a[Lw $ � CCx[ME O[vaEEa3T UETE aces EACH sGE a mu!TEa smuntn¢ vrn ti-e s/e• [N4N ---. RNUx4 g1anNG PL/.xx5 E.0.W FNB[DOEO t _p• F StRsaRtS SEE s�[t�e R fL0 ///> RIIwS wurOaNL —I•'I e 0 R f20 t ` J S EMI DRa6 a ENT 1 IOST .Ow3L Bw - '` Y' wL#OM.Y;YE y aw SxEEi ie[dt aETAE oY RM 14 E.a..axsE E d • ' , R O�E,ati°T � Fl.0.�5�2(US� b �EHD �COnxG A p � �-- 35e1• - s ROA�E oi�Rrvf(wesr011j as l��-1 T.D. 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EmANSiW Ea EJ,BRnDIEMr EE nsD sz voa.EE.ni.n ANOIORS•A.ALL ARDIMD ]3 NMDWNL SFE SPtiSRAY I - (JNEEr 9) • p•P EJ. - - - SHEET 7 b•,2 ��y�R A„D M _ .'" /��/ � IYPMIEO BACNiW� p e li ANOIES Fat J/r °p••Er. AEUN loot•Ea,3 RLS •- s'-YR / +r-r sTA1DMD LFNcrN 17-0,(SIP,LENGTH i'-+•3 EE� E •VAN ROTTOM CH-4E L"D M. EL ose7 • I .. TO M"ttL-L - 05 ow.•tz --""---("r rvD p DW•12 I PIT[ MS1T ( T / rIE2D AT WALL a0. MTH OV41E RCP • •1 EL w°]i.•w N t1 Re!•D LE a X aCARAE•CE OOIIO1Erz YLL ICaTnIDJ v( PVC LMER _—_-- .--_—_—____- T MATCH 0E50NC OUI%DE WALLS p•I3 _____'—_.-[-1_!P�_O.V]UI ffi. CARD BED Mr.F7 -� HEAVY LOOSC 2ClMw► PoIMP p•,3 C F. H 04.12 EF. ,e wr � wo•P w� b Al2 WRM GNAW.W r1 PVC RRFO1 I p DNL•ti L _ oAsw rwncM aoTtsTRE F O vE,arnATxns rADNo Dow YW`W'"e°Ai,YnsL r-r EL OLGI OWKM SEAM Ir Iw EELD nT PVC LHIFA APWND \ /6•ti + TEo.5 LDYPAC Tu I p IPC wTN♦•NM aFAR -J An ioileE,w.wn L I� /1 WCH NOYWAI DIAMETER�-W.ibNn aOTES AlAw 1-^-'__" r-D' r-o• ` b 3 ' . rq RPC WALL PLNETN.—RDKORONO OETNLS.USE OFD, LC FARNC NER6oRCEYFNr AROUND OPEHINOS•fOR Ir-AID 1 UROW MD•TroIGt R oOm VALL PDET w.- RECOMMENDED yT - '•�ei1i+vs0 MIT PIPE IS•-AND SMAUM SEE SHEET A FOR APPROVAL i ALL RPE—ON.SHALL RC—MD 91DOT IYPF WIH BV�[C�}j7.1E NORTHWEST,INC. �A••aE.w SAT(o 'L+]"''^° WINFR C-RWD DASKEII BY cna•....--,x CITY OF RENTON J Y [v BY A -w.,w--nMeesn DEPARTNLM' OP PVHT]C wORI(8 - r'..n Cb�•>Il."� .. WUEWS My WbrtN MOM `AR[,® IVt M9S I111R 1 FOR CdIBA&N N a PVC LINER E CONLFRTE STRUCTURE SEE L;All, 1•.WxtE en0 D ceen..Ee>'.wr TTRt:,y RASw uNu/cancRETE AnAwYERr DETNE SNEEt s r e (nM Al Teo MAPLEVpOD CREEK SEDIMENTATION BASIN E-Eu't;'b"",��n �rt Mer+.�eF.:.,> ,D. tNe�MD-2.w RECONSTRUCTION AND IMPROVEMENT PROJECT (SNUT 5) Z. .1 /� r,nr 4 PW SAMN UNDI NOT SNOW N ALL W':E$EEC SHEET S scx 0 J • EE[T 2,-N SPILLWAY PLAN AND SECTIONS SEDDAE lTATM P=SLODRAN '> HOT TO SCALE J/••-,'-O• SwP-37-10t7 DC�TkuorD awWw WAD - - A4r:O-�er�ep a as aw r a� �a aa' aw r m m as m as as m m mom E 5, 7 16 ] t N Dwt MR r r J/e1'6 w/BM�tS�DV IM1D vN1111.NTO 1 N id I[M %� N IT6oJ6.il WALL RE111P.NOT SNOW E 1.•'1UT.09 I.E IS' ran REYI.VETA J_t• SEE OETAE 3 �4 I/a•;x,t/1/'1IEAOED MENaI mr E wM SPACNC.STAMIESS STFFL NE150N IHL-APPR VEP STA.`R w,mTNr ag MaaRs w THE Two Rows DETAIL 3 u \ TYPICAL FISHWAY WEIR ELEVATION TYPICAL TOP OF FISHWAY WEIR DETAIL 2 PRDNOE t'1NCR uARwE Q'U0E Sl f 4Y9 CONM[,C IPE N.12 Cf• EE tta,] 0.YWJOp C01LE;MM ICCPpENE ASN O)t.fAJ.V N EW,,YP. I,VBlOf S[ALS Balm OT9R arr / PIE MM s/�' OPDIwa,vIN DaY,f1L9)YWIR DD'Nl9M /• E191vAT 11 LF.M. ANCNaE WMTS.AND GA" a1'r AO PIPE B C-0• TS TO OBTAW A WAIFRTKNT SEN.i tE0'D. Y AL arr CIASS W f/R/ale. 're" lfa b J' 1'-p• RV[f110r AE01] New E ru,uRE r,slwAr . Gf1CDT NPE SEcTION wo I.E .RP 1-31 NSH lAOaA SIPUCIVRE CHANNEL.NOT PINT Am AID IASi RO SEGYfNi V tN13 CWIRAM �W,E m PIPE ..I3 Oi PMf IX IIIS lTNllUf:t lL—IOSRO .� FL 1061] r/P M ' f.L/Oar. - TAITe WENS Mfeeo,.,.r.9eo mmcTc✓� M 9259J. • f arr CIMNRLIE PIPE M v li EEC El 115E���AMMLZ7IFNT — -_.__ ____ _.---_-__ AROUND CPENNOY DETAE.SISET♦ r _ _ _ _ .. _ N-N Pa IRw BARS APOIMD PM TP. 4 r ORAw j >� I aoEwrfaE\ r-s•-- ---- ---•--• 1]t0]I-ai O J-t• E 13fIWN tY-0' 1Y-o' IY-T ti • (1 -0• tt rl XB N 176050.t0 u r.f-« C oI f \L% G ?a''9 f 1/'RAS,IC BriAST NPE fE 101./6 An CCOLOOY SOQ SF/t C] //�{® Z TED 37 OOTGE�AREApMO W ��®M y0 a2Y RP PIPE E C B'aRARI WTE o 1/,0.NA,wARE. 3 WM wATFAMM C-i0 S T.11/JIDWAAT SET --. Soo IiEAtANc AT EL 1uc N PLAN-FtuFiWAY OUTLET T�HANCU oPwATCR L STAIX S CaICPETE EOaL04Y wDOtt ' :' 1Y-0' 1f•-? (BL;xi'v;2811)AT DID V ry E EL tOEJ] LE J-t1]B's I IY-0' SIP G. SIR.IEHOM 310.Lim") J'-61 a'2 AID BUR•!WIN Cp/PACIED WMTEO - BAtlOEL AS SNOwN Ofl SI1E RAK •r OP 0 L 1 a d-0' 1'-C• cw[5i IIPICa BOM arr REA a171LTS USE _-__ --__--------- ILLYNtwf.Y f arr RCP. OHui)6 SAIDBAC.MO MSgRNE.tlt OINFAyfA.�r�..........• 106JS Y--0' //S.l IC/ M'PROf£D MCTiW TO PRONDF A WATER ZN{.] TltllT$F/.L PRIOR TD BAp(EEyP[q TW, Ip RL,MMfT EL 11.4Y T.O.FlNAN01ENI R //14 - OReLMA 1NIf } C I E [MARS J - POR wOR 4E0Y[111Y, 100-Y0.RDOD YA% yA(ES II� SIM OETAR S P00.2 fta.17 y 1 --'- II 0.nil] I N e 1i Ew.U.' I FOR APPROVAPECoMMEND� 4 SEGllfw a1rnNC DUNE[_ Naha 1.00E H e9Y�.' C .7-/].11 P-P �,....._.._.�.....:..»! c F El.uxn v u n i f Ii Lw C ai•r owc,R PPE 77 BY SCIIE R ] t RIT I RS,IWAY MDR. 4 ASIM c-rE tIASS tV E SEE CETAE 3 ._..—_ �._._._._. - POyy' 3/1' -or AS 7 I 9A531 ROtiW _ AS NOTED 6 mia'T I NORTHYnS7T INC. ak / CITY OF RENTON ....... _ wfrrusN>• or rvauc is a]Ir BAR•roP •w••K rc"1an,t SFE DETAE i Y STw �E`1w•`A' �1 MAPLEWOOD CREEK SEDIMENTATION BASIN K Y DRAM w� N 12 Rtt SPIGOT ENC SAINT rnou 1Y-o' ( 'v"' J w Ifa��i-Nes -RECONSTRUCTION AND IMPROVEMENT PROJECT 3 Nor SNpw N•f]:Er,EW $ ,P W TKN AND CAST wro IS'— m.w EISNWAYKMI-E - FISHWAY PLAN,SECTIONS AND DETAILS (a)M BARS H•1i DWL.M. M-M NOT PINT CAE lwi coNTRAet e rwp.a;,-io,lh —�—I-. I—BASH UN NOT—w ME s m e) 9/3:O-tAf7M t t t � CONSTRUCTION PLANS ' Reduced I I " x 17" Also Separate Full Size Plans, 22" x 34" 97.7 9 C�I11 i01 IL 1 40/ 11 Mc TY PROPERTY Scale: 1 Tnnh m 40 Feet SINGLE DUMP TRUCK 01 PPJH 1 NO TRAILERS ` T / / EX. BYPASS 'N LET (/R Y Y AND VALVE INS L M P,Gr�A PASS RAM A rn C EK rVE ION 88.2 BYPASS; CREEK TO 18" PIE EMPdRARY) P OVI SECOND DAIII 6AND PUMP ED TO COLLtICT SE4CO ARY FLOW SPLINTER S R CTURE j F W R 0 A OX lt ET ACCESS TO CREEK R to/FEET SEDIMENT� FROM WEST SIDE ONLY \ FPO , BETWEEN ROC WEIRS SEE GRADE PFRILAN FOR -70 SEE BARE AREAS AROUND BASIN /Lj To S O�/ AFT R C NING APPRO REMOVE SEDIMENTS v CAUTION C LINERFROM FLOW SPLI EX. I BYPAS PIPE APPROX CATION SEE DETAIL 3 -T; AC ESS R SEDIMENt BASIN REMOVEJAPPROX 14 TO 5JEE1 OF FISHW OUTL ACCUMULATED SEDIMENT 12TH SEE BASE GRADE PLAN N GREEN C P 4.0 FISH LA ER 41- IT -7 d 77.7 Ow HIGH FL _3 VALVE ITO V3 REMOVE BRANCHES I CHANNEL (DRY) Mc/QqR POND < R LOW /sPILL..AY, VEGETATION MAINTENANCE NOTES 2009 6.5 V2(REMOVE B CHES 9 1. CITY MAY ADJUST GRAVEL PLACEMENT, V2 I�D GRAVEL LOCATIONS, AMOUNTS, AND VEGETATION 3.2 1 —, REMOVAL AND TRIMMING, AS NEEDED. LIMITS FOR PARKING LOT USE V9 I I BY CONTRACTOR V1 REMOVE ABOUT 2 FOOT SECTION OF 8—INCH DIA ROOTS IN CREEK. PARKIN" MAPLEWOOD 'CREEK 1, 1\ V2 REMOVE ABOUT 6 TO 10 3" BRANCHES, 80.1 77.6 1 OT ADD ABOUT I CY GRAVEL. 1 AIRWAY CROSSING 7 I RE REMOVVBRANCHES/VEGE V3 REMOVE SMALL BRANCHES, 73.3 AS DIRECTED. V4 REMOVE ROOTS, BRANCHES, ABOUT 3'X2* SECTION. TH 7 •6 4CI % V9 REMO EACHVELOCATION.SEDIMENT AND TALL GRASS, 4 EN IRTH TEE McCARTY 7 lif y", PROPERTY u 4Z4 0, SINGLE DUMP TRUCK ONLY ACROSS BRIDGE F NO TRAILERS FLOW SPUTTER CLEANING AND CHANNEL WORK DRAWING P NOTES rc 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. 3. DEBRIS AND BRUSH REMOVAL LOCATIONS MAY BE ADJUSTED BY THE CITY. SEDIMENT BASIN CLEANING DRAWING 4. GRAVEL PLACEMENT LOCATIONS AND AMOUNTS MAY BE ADJUSTED BY THE CITY. 2009 Cleaning RECOMMENDED S AS NOTED CITY OF 6/10/09 FOR APPROVAL RENTON MAPLEWOOD CREEK SEDIMENT BASIN By Donm Qwey 6,M1109 DC DATJV CLEANING&MAINTENANCE PROJECT MWJL PJA sowa n -'DC RS BY Planning/Building/Public Works Dept. SEDIMENT BASIN AND FLOW SPUTTER NO REVISION By DATE APPR x 5 r` Ln 0 88.2 n 7 72.0 FLOW SPLINTER SXRUCTURE C \ 7�•2 Sca1« 1 b3ch 40 ]!bet 1 ACCESS TO CREEK 1' \ '� FROM WEST SIDE ONLY 68.9 --I----- . A�Ty r� � I 706 6R.9 7 � i�oae -- qip� 71.9 a 3 rJ 2T, 1 V9 REMOVE SEDIMENT AND qy 74.2 CREEK TALL GRASS. ABOUT 3 TO 5 SF EACH LOCATION, x _ �] CITY MAY ADJUST, ADD OR REMOVE, SEDIMENT 9.1 AS DIRECTED BY ENGINEER 69.5 Cq�T AND VEGETATION CLEANING AREAS AS NEEDED. \V9 pqT \ ti 70.7 V9 7 7.7 V97 0 j 4 REMOVE BRANCHES, ROOTS�' FAIRWAY CROSSING I � � �• 6 O 3 �' S V3 REMOVE BRANCHES 7/f x V9 7 I Fq R�'9Y � � Oth V9 REMOVE SEDIMENT AND V2I,REMOVE BR�CHES x A TALL GRASS. ABOUT 3 TO 5 �.� V2 ADD GRAVEL 6 9.6 �qY I ~ SF EACH LOCATION, • q AS DIRECTED BY ENGINEER / 3.2 2 V9 P4 \ V3 REMOVE BRANCHES 7 •6 x 71.5 t7 V9 x FAIRWAY CROSSING VEGETATION MAINTENANCE NOTES 2009 71.2 71.2 13.3 1. CITY MAY ADJUST GRAVEL PLACEMENT, x I MAPLEWOOD CREEK LOCATIONS, AMOUNTS, AND VEGETATION .J MAIN CHANNEL REMOVAL AND TRIMMING, AS NEEDED. I ' CTION 5 MR,7 7 .2 TH ' V1 OF 8REMOVENCHODIA ROOTSUT 2 TINECREEK. qA 69 72.6 x x 7 �7.0 x <F �,,4 GREEN V2 REMOVEADD ABOITC6 O 10 3" BRANCHES. G / Ctily Fq/Ry y V3 REMOVE SMALL BRANCHES, x AS DIRECTED. 70.5 71.9 72. 72.4 V4 REMOVE ROOTS, BRANCHES, 6 8' 7 7.7 x ABOUT 3'X2' SECTION. 71 —�V9 REMOVE SEDIMENT AND TALL GRASS, x EACH LOCATION. 73. -�v- 7 8.0 NOTES LIMITED SEDIMENT AND SHRUB REMOVAL ALONG MAIN CHANNEL 1. CONSTRUCTION SHALL NOT INTERFERE WITH GOLF COURSE AND PARKING LOT USE 6 EXCEPT FOR CLEANING FLOW SPUTTER, AND AS NOTED. 2. ONLY SMALL SOFT TIRED VEHICLES MAY BE USED WEST OF THE FLOW SPUTTER. B 3. DEBRIS AND BRUSH REMOVAL LOCATIONS WILL BE ADJUSTED BY THE CITY. s R 2009 Cleaning RECOMMENDED _� A$ NOTED �' ' B! CITY OF 6/10/09 i FOR APPROVAL i Dc REN TON MAPLEWOOD CREEK SEDIMENT BASIN BY Daniel Carey 8�1/09 DC CLEANING&MAINTENANCE PROJECT BY a�D R''M A of —DC/RS I "'""�"" , .\\ Planning/Building/Public Works Dept. MAIN CHANNEL � nwn a nwa wyup R A7D O�>bMb NO. REVISION BY DATE APPR Rs z �-5 e D - 2057 LO Z`Lf J I Coordinate Table Coordinate Table O Pt # Northing Eosting Elevation Descriptor at III Northing Eosting Elevation Descriptor N 62 176346.08 1311633.04 125.94 SET HTK 392 176445.13 1311727.12 133.4 BRK 63 176047.52 1311433.47 114.69 SET HTK 393 176433.78 1311735.83 132.8 TOP CV 36'e ADS PIPE MAP_EWOOD CREEK 200 176023.55 1311495.52 115.30 top cl colt 394 176413.01 1311706.86 130.9 TOP 201 176040.15 1311501.38 cl back colt 395 176379.15 1311671.02 128.1 TOP 202 176037.90 1311508.51 se car talc 396 176333.08 1311629.26 125.5 TOP > BYPASS PIPE INLET 203 176063.21 1311516.89 ne car colt 397 176296.26 1311604.16 124.4 TOP > 204 176067.91 1311502.64 nw cor colt 398 176266.39 1311562.51 122.9 TOP (n STRUCTURE 205 176042.50 1311494.26 sw car cola 399 176305.40 1311592.27 120.15 CULV IS'IE.116.46 206 176069.52 1311450.41 se car cola 400 176286.95 1311600.67 118.24 CULV 207 176066.79 1311441.83 sw car talc 401 116236.58 1311582.62 114.8 CRK CB TYPE I - SOLID 208 176076.41 1311438.76 nw car talc 402 176263.03 1311602.67 116.4 CRK 209 176079.14 1311447.34 ne co cola 403 176305.70 1311626.82 118.1 CRK LID RIM El- 122.5 I.E. e2j •. INSTALL TEMPORARY BYPASS DAM 210 176068.21 1311446.31 cl colt 404 176331.95 1311649.10 119.3 CRK 115.8(I E) I.E FOR.CREEK DIVERSION 301 176071.94 1311441.21 115.1 TOP 405 176351.16 1311668.62 120.9 CRK t t5.8 (1s-6'SW) 302 176070.37 1311450.12 115.1 TOP 406 176364.81 1311602.59 122.0 CRK 303 176078.29 1311447.63 115.1 TOP 407 176381A3 1311701.50 123.5 CRK 18'BYPASS PIPE 304 176074.32 1311448.68 111.11 WEIR 408 176397.79 1311721.06 125.1 CRK PROVIDE SECOND DAM AND PUMP, 305 176069.30 1311445.96 108.10 IE PIPE 409 176411.97 1311740.12 126.7 CRK IF NEEDED TO COLLECT SECONDARY FLOW 306 176071.82 1311441.50 108.16 IE PIPE 410 176440A9 1311781.31 129.2 CRK REMOVE SEDIMENT FROM BETWEEN ALL ROCK WEIRS. 307 176049.47 1311498.66 103.92 VALVE 411 176463.11 1311832.36 132.8 CRK USE SMOOTH BUCKET,NO TEETH. SEDIMENT BASIN CLEANING AS-BUILT 9/11/2008 308 176046.22 1311508.55 103.97 VALVE 801 176197.98 1311583.90 117.0 BRK 2 to 2 3 OF ROCK HEIGHT SHOULD BE Bottom Locations by Taping From North Corner 309 176064.14 1311509.30 105.34 INLET STR 802 176174.10 1311581.65 117.1 BRK APPROX 1 / / 310 176049.43 1311510.58 110.65 WEIR 803 176157.04 1311581.92 116.8 BRK EXPOSED. SEE PHOTOS OF PREVIOUS CLEANING. of Fish Weir and NW Corner of Overflow Spillwoy. 311 176041.57 1311501.85 115.18 INLET 804 176093.02 1311581.27 116.2 BRK CITY MAY DIRECT AND ADJUST CLEANING AS NEEDED. Elevation by Level. 312 176000.13 1311487.44 101.36 WEIR 805 176D27.89 1311558.12 115.3 BRK Points S-1 thru S-12. By D. Corey 313 175997.41 1311495.34 107.67 OUTFALL STR 806 175998.10 1311547.34 114.9 BRK 314 176002.72 1311479.46 107.65 OUTFALL STR 807 175977.92 1311517.33 112.6 BRK a.?° Feet from Feet from 315 176007.32 1311489.82 11D.62 OUTFALL STR 808 175968.84 1311499.81 108.9 BRK Point EL(ft) Fish Weir Spillway 316 175001.34 1311478.46 106.9 TOE 809 175975.39 1311491.73 107.7 TOP PVC LINER - APPROX LOCATION �� 317 176010.85 1311452.08 107.1 TOE 810 175995.D9 1311500.65 108.2 TOP 1.0 FT UNDER THE GRAVEL LAYER ®`40 S1 108.64 34' 49' West Side, 1/3 way up 318 176020.35 1311422.32 107.1 TOE 811 176002.71 1311498.39 108.4 TOE °s 319 175984.16 1311408.66 105.3 TOE 812 176001.01 1311515.74 110.5 TOE LINER EXTENDS UP THE SIDES TO EL 713.2. S2 108.92 60' S7' West Side, 1/2 Q Ga a CAUTION 321 176013.60 1311366.80 105.E TOE 814 17598.42 1311395.97 04.4 BRK a Y PVC LINER SHALLOW S3 109.42 92' 96' West Side,corner 322 176022.43 1311391.95 109.8 TOP 815 176028.95 1311395.12 111.94 CL IN UPPER AREA S4 109.42 1 15' 96• West, NW corner 322 176054.86 1311392.29 113.8 TOP 816 176079.64 1311420 61 114.90 CL c;s I S5 108.74 120' 85' East, NE corner 323 176042.11 1311392.29 114.0 TOP 817 176104.22 1311435.21 115.02 CL a3 HAND DIG TO LOCATE 324 176042.11 1311418.89 114.0 TOP 817 176104.22 131t435.21 115.02 CL CS TYPE I - SOLID aJg l a0+ S6 108.48 110• 65' East, 2/3 way up 325 176024.4E 1311473.94 114.9 TOP 818 176144.19 1311471.01 114.69 CL S7 108.44 92' 36' East, 1/3 327 176023.11 1311523.85 115.0 TOP 819 176183.44 1311507.48 116.90 CL LID RIM EL. tt5.39 a,. 328 176029.29 1311506.33 115.3 TOP 820 176226.75 1311546.05 120.92 CL I.E. 111.5(18-NE) aJ / S8 108.34 64' 30' Center, 1/3 way up 329 176039.69 1311502.51 114.8 TOP 821 176273.30 1311577.81 123.45 CL I.E. 111.5(IS-SW) ,9 ROCK WEIRS S9 108.28 86• 59• Center, 2/3 way up 330 176041.20 1311498.15 114.7 TOP 822 176318.58 1311611.35 125.47 CL / S10 10826 43• 23' SW side toe 331 176034.06 1311490.77 115.1 TOP 823 176170.63 1311532.13 113.08 TOE RX 12' REMOVE SEDIMENT TO BASE GRADES a3q . -- -- 332 176044.24 1311456.33 115.0 TOP 824 176166.56 1311531.16 113.71 TOP RX AT TOP OF IMPORT BACKFILL AND UP SIDESLOPES. / a°z S11 108.08 NW corner, Spillway 333 176051.15 1311449.36 114.9 TOP 825 176163.79 1311532.30 112.23 TOE RX i a23 / 334 176066.85 1311441.69 114.6 TOP 826 176152.37 1311556.44 113.59 TOE RX 20' USE SMOOTH BUCKET,NO TEETH. � z< ? S12 108.10 NE corner, Spillway 335 176047.94 1311439.51 114.72 TOP CL 827 176149.59 1311554.28 113.90 TOP RX HAND DIG AS NEEDED TO IDENTIFY IMPORT BACKFILL i__ s 336 176037.36 1311456.62 115.12 TOP CL 828 176148.95 1311553.01 111.68 TOE RX AND PVC LINER LOCATION. / a3 337 176022.92 1311497.30 115.30 TOP CL 829 176166.41 1311562.24 113.90 TOE RX 16' CONTRACTOR RESPONSIBLE FOR REPAIRING ♦azs e3, 338 176009.69 1311534.43 114.85 TOP CL 830 176163.70 1311558.52 114.48 TOP R% ANY DAMAGE TO LINER. �� �tt lag4 azs -� °d 340 176036.30 1311543.53 114.2 TOP 831 176184.82 1311542.42 113.46 TOE RX 340 176036.30 1371543.53 114.0 TOP 832 176184.82 t317542.42 113.46 TOE RX 75' 341 176100.37 1311567.95 113.6 TOP 833 176180.92 1311540.62 114.73 TOP RX CAUTION 342 176149.36 1311569.28 114.6 TOP 834 176179.89 1311540.04 113.17 TOE RX �3/ a• 1 PVC LINER SHALLOW 343 176181.58 1311569.35 114.6 BRK 835 176196.42 1311551.32 114.14 TOE RX EL IN�O 1 IN UPPER AREA 345 176128.14 131158013 115.8 RKY 837 17619119 1311547.43 113.90 TOE RX RAKP Ss HAND DIG TO LOCATE 346 176104.76 1311581.22 115.9 RKY 838 176202.47 1311564.98 113.38 TOE RX 30' WELL. YP I - I / as° ° '04 1 347 176081.80 1311576.17 115.4 RKY 839 176200.92 1311564.70 114.60 TOP RX LID RIM EL. t 15.07 s 348 176070.34 1311572.71 115.7 RKY 840 176198.69 1311562.98 112.75 TOE RX I.E. 110.0(IS-NE) as 349 176058.09 1311569.23 115.9 RKY 841 176210.52 1311569.98 113.67 TOE RX 5' 350 176034.17 1311559.55 115.2 BRK 842 176210.46 1311568.78 114.59 TOP RX 4 ? ss ct 353 176080.71 1311400.30 114.2 TOP 843 176216.81 1311575.67 112.38 TOE RX 353 t76080.71 13t1400.30 114.2 TOP Boa 176216.41 1317575.67 114.38 TOE R% 20' asz Ze 354 176095.16 1311417.94 114.5 TOP 845 176215.54 1311575.B5 114.79 TOP RX 355 176100.73 1311410.41 113.0 TOE B46 176214.14 1311574.23 113.73 TOE RX 356 176085,46 1311393.29 112.1 TOE 847 175986,33 1311460.22 105.42 MH FISHWFISHWAr WEIR $ o fc, 357 176072.34 1311380.63 111.5 TOE 848 176253.25 1311586.95 116.98 SO AuRE �� CIS. as s, aw 358 176039.47 1311376.03 109.9 TOE 850 176133.31 1311511.66 109.7 TOE WEIR TU.111.11 - et+08 359 175107.48 1311434.18 115.07 CB B51 176118.39 1311499.DO 109.4 TOE 18'N IE-108.72 s' ® J111 / 360 176127.30 1317442.95 114.3 BRK 852 176113.51 1311484.10 t09.2 TOE 8'E IE.108.40 sa et / 361 176764.01 1311477.13 115.1 BRK 853 176101.20 1311464.39 109.2 TOE 42'S IE=108.1 \ ' J 362 176167.95 1311487.81 115.39 Ce 854 176061.96 1311466.83 108.8 TOE \ ' / 363 176189.68 1311503.27 117.1 BRK 855 176051.73 1311497.16 108.5 TOE \ / 364 176225.64 1311537.75 120.6 BRK 856 176041.49 1311515.53 108.8 TOE 365 176252.16 1311567.99 122.5 CS 857 176045.44 1311530,79 109.0 TOE a, I130 m 366 176248.33 1311573.15 122.4 TOP 858 176105.53 1311552.68 108.9 TOE a -EL WEIR ') s �"f? / 367 176208.58 1311542.45 119.6 TOP 859 176131.29 1311553.15 108.9 TOE 111.11 fc n 6 ' l 368 176172.75 1311516.81 115.5 TOP 860 176134.15 1311538.93 109.2 TOE °g 06 o°o / 369 176145.21 1311499.75 114.4 TOP 861 176126.22 1311518.85 108.9 TOE t o diy / 0 370 176123.69 1311493.41 110.9 RAMP 211 176046.57 1311441.09 114.7 CL INT CALC a 371 176122.49 1311482.94 110.9 RAMP 964 17639B.42 1311682.81 129.3 CL APPROX.PVC LIN R \ st?ct'4?>o s�et'0s< // 373 17611.50 1311460.32 114.4 TOP 866 176445.02 13117377.54 133.6 C2.5 L 374 176096.38 1311443.55 114.5 TOP 867 176464.12 1311834.91 133.45 CL LOG 12' 375 176088.80 1311439.51 114.7 TOP 868 176463.93 1311834.26 133.56 TOP LOG 376 176076.49 1311438.70 114.7 TOP 869 176463.64 1311833.42 131.92 TOE LOG 377 176760.79 1311523.18 170.9 TOE 870 176463.00 1377631.67 131.74 TOE RX 12' 378 176146.13 1 311 558.96 110.8 TOE 871 176462.83 1311830.94 132.97 TOP RX TOP / 379 176185.82 1311558.73 112.7 CRK 872 176462.28 1311829.97 131.48 TOE RX 380 176200.68 1311567.74 113.3 CRK 873 176452.61 1311809.48 130.66 TOE RX 10' / 381 176214.61 1311577.01 114.5 CRK 874 176451.42 1311807.70 130.B5 TOP RX a's P t / 384 176253.22 1311585.77 120.45 STRUCT 875 176451.77 1311807.26 129.36 TOE RX 385 176253,14 1311587.23 116.46 VALVE 876 176439.76 1311781.75 129.02 CL LOG 10' F,SMA'4y rOP / 386 176253.67 1311589.95 116.47 STRUCT 877 176438.90 1311781.19 129.33 TOP LOG t9pDfR / 387 776268.16 1311564.69 122.8 BRK 878 176439.48 1311780.10 126.92 TOE LOG rk / 388 176304.36 1311595.15 124.6 TOP 879 176427.24 1311761.17 127.50 TOE RX 9' rOf Ar �0` RX 390 176386.38 1311660.99 128.5 BRK 881 176480 26.40 1311760.23 126.511 TOE RX \ 391 1 176422.031 1311701.30 131.5 1 BRK 8821 176411.05 t317739.33 126.36 1 TOE RX 11' OVERFLOW SPILLWAY d' CREST EL -112.68' GATE OF FIELD SURVEYS: BYPASS PIPE INLET Coordinate Table RAIIp 0• 20• STRUCTURE t Northin Eastin Elevation Descriptor s; a°s VALVE 8•W IE.106.52 220.223-225 h 231 7/29/97 1 8 I I VALVE 8'E IE-109.62 300 SERIES 9/25/97 883 176410.18 1311739.24 126.89 TOP RX b5 800 SERIES 2/5/98 884 176410.16 1311738.10 125.DO TOE RX a< SCALE' 1' 20' :. SPILLWAY 855 176398.24 1311720.77 124.99 CL LOG 11' P OUTLET ALL SHOTS ARE FINISHED SURFACES 886 176397.69 1311720.10 125.03 TOP LOG p STRUCTURE 887 176397.43 1311719.63 123.07 TOE LOG g GRAVEL PARKING 888 176382.16 1311700.15 122.89 TOE RX 11' o� NORTH 889 176387.19 1311699.07 123.76 TOP RX g °g 1997-98 BASIN AS-BUILT SURVEY 890 176380.97 131169137 121.61 TOE RX SAN.SEWER MH ORIGINAL CONSTRUCTION 891 176365.42 1311682.06 121.86 TOE RX 77• RIM.EL 105.42 CTR. °9 892 176364.90 1311681.26 122.28 TOP RX CHANNEL EL. 97.4 Scale: 1 Inch = 20 Feet 893 176364.27 1311681.16 120.64 TOE R% 'g CL 095 176350.15 1311668.55 1221.010.52 211..01 TOPLOG LOG12 896 176349.91 1311667.78 119.45 TOE LOG 2009 Cleaning 897 176332.20 1311649.26 119.14 TOE RX 9' R RECOMMENDED _ sz.om AS NOTED "°'m""� w.vw., 6/10/09 FOR APPROVAL DC - CITY OF MAPLEWOOD CREEK SEDIMENT BASIN BY Dan)eI Coroy 6/11/D9 Dc RENTON CLEANING&MAINTENANCE PROJECT BY '�nAse t01Mm -DC RS +' > Plonning/Building/Public Works Dept. SEDIMENT BASIN BASE GRADES 3snlKs a sssvu osAnaps R ws7>D p�1q/Mp N0, REVISION BY DATE APPR z 5 D - 205 � CD o / CDm m All, 1 8TH TEE ' EX.LOG DROP(TYPICAL) � 0 NO MACHINE ACCESS: j W E .BOULDER CLUS S'w O(I YPICAL) �0?0 9oaler 1 Inch 10 Feet ON THIS SIDE GRAVEL REPLACEMENT AREA / B S 'I ' A (TY G PLACE APPROX.1 TO 2 CY / ���� j OF CLEAN GRAVEL / / // ALLOWABLE ACCESS TO SPLITTE I SEE SECTION VIEW % FOR SEDIMENT REMOVAL r CONSTRUCT TEMP SANDBAG AND PLASTIC BERM //% NOTED I 2 TO DIVERT FLOW AWAY FROM CLEANI4G AREA \RESTORE BANK AFTER CLEANING GRAVEL REPLACEMENT AREA `0 ' (TYPICAL) o FILTER FABRIC CO AT ENTRANCE � PLACE APPROX.1 TO 2 CY OF I ��Q� t�tt� .. 'CLEAN GRAVEL GRAVEL A�o A.Q If NEEDED I I LI ACCESS TO SPUTTER 1 tv v O ��O ON THIS IDE. SEE SECTION VIEW C9 ty� / <u y /.: �- AL � RESTORE BANK AfTER CLEANING. i EX.ROOT x� LOG REMOVE ACCUMULAT�9ET SEDIMENT / e APPROX 2 TO 3 FEDEEP - - DETAIL 1 - GRAVEL PLACEMENT DETAIL 2 -GRAVEL PLACEMENT I NTS NTS , SEE 1996 PLANS FOR FLOW SPUTTER NOTE D-CONTRACTOR MAY NEED TO REMOVE DETAILS AND CROSS-SECTION APPX T to 4'WIDTH OF SHRUBS/BLACKBERRIES 1 TO ACCESS CREEK AT EACH LOCATION. REVIEW ANY CLEARING WITH THE CITY BEFORE NOT USED FOR 2009 PROCEEDING. DO NOT CUT DOWN TREES. I MAPLEWOOD CREEK � CHANNEL EX.TREES AND EX.SHRUBS AND CUTTINGS SHRUBS (DR)LOW CHANNEL LANTED BY CITY POOL 18"-24"DEEP DO NOT FILL POOL WITH GRAVEL _- EX.LOG DROPS LENGTH VARIES[WATER DEPTH VARIES WITH FLOW NOTCH 3'TO 6'TYPICAL4"TO 6" (TYPICAL) FLOW \ DETAIL 3 - FLOW SPUTTER CLEANING (NITS) OHWL WATER DEPT VARIES � v 2'TO 6" (TY ICAL) � EAST BANK WEST BANK OHWL ORIGINAL GRAVEL LAYER 12"THICK WEST ACCESS ROAD _ORIGINAL GRAVEL LAYER EX.LARGE APPX EL 115.17 } APPROX.12"THICK RIP-RAP LONG ERODED GRAVEL LEVEL s e'TYPICAL (L REPLACEMENT PVC LINER H VARIES GRAVEL REPLACEMENT APPX EL 113.17 ACCUMULATED SEDIMENT GRAVEL REPLACEMENT ERODED GRAVEL LEVEL 6"THICK (APPROX.) (APPROX.) 6"THICK(APPROX) 115.0—. ... .............................................APPX.El..]1.z,7..(YARIES 1 TO 2 CY OF CLEAN GRAVEL 1 TO 2 CY OF CLEAN GRAVEL ..... ...... . . 114.0—. ............................ .... ............................................................................ ............. GRAVEL REPLACEMENT SPEC. GRAVEL PLACEMENT ...... ....... ...... ..................................................................... GRAVEL REPLACEMENT SPEC. G EL PLACEMENT IN LOW FLOW AREA 1.ONLY SMALL SOFT TIRED VEHICLES SHALL 1 13.0- " "''' " IN HIGH FLOW AREA FROM S IMENT 1.G VEL SHALL BE PLACED ABOVE THE BELOW FLOW SPUTTER DELIVER GRAVEL ON GOLF COURSE 112.0—' """""""""""" """"".' ""' "'•""" """""" 'BASIN.BOTTOM.•.••••••• • BASIN TO FLOW SPUTTER WA RLINE ON THE WEST BANK OF THE SIZE Percent Finer by Weight (SUCH AS BOBCATS,GOLF CARTS,WHEEL BARROWS) ,.,, APPX EL 108.67 SIZE PercentFinerb ht CREE YMACHINE. 11 —"' """""'• '•""""" ...... ....... .................................................... y g 4" 100-75% 2.GRAVEL SHALL BE PLACED AT TOP OF WEST BANK ONLY. 12"-9" 100-70% 2.GRAVEL HALL BE SPREAD BY HAND 2" 75-30% 3.GRAVEL SHALL BE CARRIED DOWN BANK IN BUCKETS 110.0—. 1,.0 Z. FT..IMPORT,Eq,,QACKFI�E,,,, 9"-6" 70-40% SHOVEL ER THE WIDTH OF THE CREEK. 1" 30-0% AND SPREAD BY HAND SHOVEL OVER THE WIDTH ABOVE LINER (GRAVEL) 6"-3" 40-20° 3.THE CITY Y REVIEW AND ADJUST #10 0% OF THE CREEK. 109.0—. ...................................................... ...... ....... .................. ................................... <1' 2 /o GRAVELPLA MENT AS NEEDED FOR 4.THE CITY MAY REVIEW AND ADJUST GRAVEL 108•0—. .....................„_,.,,,.,,,,...,,.................•. ,,,•,•................................ ....... 1/4" % EACH LOCATI PLACEMENT AS NEEDED FOR EACH LOCATION. . ...............................�. e DETAIL 1 DETAIL 2 g TYPICAL SECTION A-A NTS TYPICAL SECTION B-B NTS 30 MIL PVC 8" PERF. I BASIN LINER DRAIN PIPE 1 V4ItIGI cw-n HIGH FLOW GRAVEL Siff 5/22/08 TYPICAL SECTION THRU MIDDLE OF POND, WEST-EAST a (NTS,VERTICAL DISTORTED) 2009 Cleaning 1 RECOMMENDED _ AS NOTED F. a?- CITY OF oww- 9 FOR APPROVAL °C -� REN TON MAPLEWOOD CREEK SEDIMENT BASIN By Danld Caron 8H1/09 x CLEANING&MAINTENANCE PROJECT m� 4 Plonning/Building/Public Works Deft. DETAILS 4 BY Rip pqQ 1S/Isp Cm N0. REVISION BY DATE APPR RS � '01z 5 D - 2057 II- L0 In (D N ACCUMULATED SEDIMENT I- STARTING TO BLOCK CHANNEL CV >a TH VEGETATION FOR ACCESS REMOVE ACCUMULATED SEDIME IF NE ED.ONLY AS DIRECTED BY HAND LABOR,VACTOR,OR TALL EXCAVATOR C/) BY ENG ER WORKING FROM TOP OF BA NOTES ORDINARY HIGH ISOLATE K AREA WITH REMOVE GRASS AND SEDIMENT PLACE TEMPORARY WATER uNE TEMPO RY FILTER FABRIC. BY HAND LABOR IN AREA IDENTIFIED BY STAKES AND FILTER FABRIC CITY MAY ADJUST, ADD OR REMOVE, SEDIMENT AND VEGETATION (TYPICAL) PLAS SHEETING,AND ENGINEER FENCE AROUND WORK AREA EAN E S BAGS,AS NEEDED CLING AREAS AS NEEDED. TOP OF BA I--� I I ' _= GOLF COURSE ..`.i-` --_--- ,��..` � FAIRWAY 1 TOPROVIDE TEMP NET OR SHIELD TO PROTECT WORKERS FROM E J �"' Y1u GOLF BALLS. MIN 4'HIGH GRAVEL CHANNEL/ A UST BOULDER BOTTOM OC `IONS, IF NEE D PICAL CHANNEL CLEANING DETAIL V9 -SEDIMENT AND GRASS REMOVAL (TYP) NTS NTS 1 NOT USED FOR 2009 TYPICAL SECTION E-E (LOOKING UPSTREAM) X.TREES AND EX.TREES AND S UBS SHRUBS TEMPORARYBERM APPROX.1 TO 1.5 FT HIGH FROM SANDBAGS,PLASTIC HEETING,FILTER FA RIC TOP OF BANK WAT DEPTH VARI 6"(TYPICAL) OH O THIN VEGETATION, \ AS DIRECTED BY _ ENGINEER WIDTH VARIES ADJUST BOULDER 5 TO 6'TYPICAL OCATIONS,IF NEEDED REMOVEACCUMU D SEDIMENT Typically 3 to 5 ide,1 It deep ' CHANNEL CLEANING CROSS-SECTION NTS s I � 2009 Cleaning RECOMMENDED AS NOTED _`°""' CITY CIF6/10/09 FOR APPROVAL —DC MAPLEWOOD CREEK SEDIMENT BASIN RENTO� CLEANING&MAINTENANCE PROJECT Gomm mm 9111 r DC RS Planning/Bufldinq/Public Wons Dept. DETAILS 5 BY OMY�!D O!0 MMM 1 6m OgAW It NO. REVISION BY DATE APPR � 5 D - 2057 ' CL tilatlse M ---- INSTALL TEMPORARY PASS DAM� �1= cs I C(appx) �� `-� r \\ ek FOR CREEK ION I ACCESS FROM O k U) \ _ SEE DETAIL =px N AC S E / SCALE 1"- 20 Feet _ �, OM I----------- ------- ------` � ` THE SIp D T I 1 PROVIDE SECOND DAM _ IF NEEDED TO AND PUMP y-� x / CONSTRUCTION NOTES COLLECT \ --------- CT-SECONDA -- _ ----- __ - RY FLOW \ / � i. PIPE INVERT ELEVATIONS ARE APPROXIMATE. LOG DROPS --_�•--_ '�`=; TAKEN FROM 1995 KING CO. PLANS AND ADJUSTED TO NAVD - Las__Aeex - 1988 BY ADDING 3.58'. zNav f h_2. SEDIMENT LIMITS AND BASIN BOTTOM ELEVATIONS ARE APPROX. THE CITY MAY ADJUST THE SEDIMENT REMOVAL LIMITS V / AND DEPTHS AS NEEDED. �1'PASS PIPE ET \ .� •��• -1 1 g.�; I j . . - . • REMOVE SEDIMENT TO BASE GRADES SHOWN 2'CMP IE 1.1 esl `� \ '�• ;+-; •' - •; --"� OR TO TOP OF RIP-RAP ON SIDE SLOPES. 3. TEMPORARY BYPASS DAM SHALL BE WATER TIGHT SO BASIN ,_• �' • ' HAND DIG IF NEEDED TO IDENTIFY RIP-RAP. CAN BE DRAINED AND SEDIMENT CAN BE DRIED OUT. �'• '•' • '• ' •' • '• ' • ' • '• ' •BOTTOM OF BASIN DO NOT OVEREXCAVATE SIDESLOPES. USE SMOOTH BUCKET,NO TEETH. \ APPx. EL 113 : : I 4. FISH RESCUE IN THE SEDIMENT BASIN SHALL OCCUR I SEDIMENT LIMITS APPROXIMATE. IMMEDIATELY AFTER THE BYPASS DAM IS INSTALLED. \ \ ACCESS BySIN �� ,• , j I I� I DOWN 1MII$ 5@E \ .\\: : Y 1 i �I i / SEDIMENT DEPTH ABOUT 4 TO 5 FEET. \ \ \ 24"CMP BYPASS PIPE \ LOCATION NOT VERIFIED IN` \ ``�`.\ .�• .��: •n _, ;� , / ' I \ 120 A" If NNW J ` 'GONG. BOX lUL�/E OVERFLOW SPILL � IE =117.7 est r \ N 0 ACCESS FRO IS SIDE / O / 24"CMP BYPASS PIPE \ \ _ � 36-CMP' I LOCATION OT VERIFIED s` IE =116t6 es\ ---- — _ - BYPASS PIPE OUTLET `` I i I --___ �P pPx 24' CMP i �� _ �\ACCESS_� A 0� A ._ IE -116.1 est CRA , _ _�L ROAD FR� _. A 36' CMP �� �. EL (d LIM Igg IE =115.5 est. �` IE�=11� estLLWAY \ ` / � � \ JI \\\ \ SEDIMENT BASIN CLEANING DRAWING d 2009 Cleaning . ,., „ CITY OF 6/10/09 RECOMMENDED , oC AS NOTED '4 FOR APPROVAL RENTON MADSEN CREEK SEDIMENT BASIN � T wQ; BY�� CwY 8h1Z09 oC CLEANING PROJECT ear&1ws sores We _DC/Rs ~' � Pbnning/Builtling/Public works Dept. SEDIMENT BASIN BY Pwp 0 NO. REVISION BY DATE APPR RS £! x 2 D - 3497 i 1 N CL E) EAST ACCESS ROAD WEST SIDE ' APP% EL 126-..........122................................................................................-126 124.............. .....................ACCUMULATED SEDIMENT .... 124 DL�1H VARIES...................... .... 122........... ................. ............-122 ' 120.............. ............. ............................. ....................-120 118............... ........ ... ......................... .-118 2H Typ. 116........... ........... a::. ..........................-116 114 .................. .. .:.. .... _ ;. BYPASS PIPE �������� 1 1 2_...LOC•INK..................... ................ RIP-RAP LAYER..............—1 1 2 .........1-FOO .. �-1-FOOT THICK 110....................................... ....................r3..............................-110 BASIN BOTTOM APP% EL 113 CROSS-SECTION A-A SEDIMENT BASIN (Typical) NTS CROSS-SECTION B-B TEMPORARY DIVERSION DAM UPSTREAM OF SEDIMENT BASIN ' OHW DEPTH APPROX � 2TO4INCHES SANDBAGS TO SEAL EDGES AND ANCHOR PLASTIC FLOW —� -V TD 3' - - 1 PLASTIC SHEETING CHANNEL BOTTOM TO SEAL DAM CONCRETE BLOCKS,MEDIA BAGS, ' OR OTHER MATERIAL TO FORM EXISTING INLET BYPASS DAM AND BYPASS PIPE (IN FOREGROUND) SECTION -TEMPORARY BYPASS DAM (Typical) NTS e >g� 2009 Cleaning tt}} L.w,e Pu•A5 NOTED `°'.:J., �"g ,a., CITY Y O�' 6/10/09 RECOMMENDED DC - MADSEN CREEK SEDIMENT BASIN FOR APPROVAL � RC7�TTOl�1 /�w D 1�11::11 11 11VV CLEANING PROJECT BY�Q1bi w-Y 6��� 1 �� I DAT'vM �' ,r wives to�eo Ire _'_DC/RS I � Plonning/Building/Public Works Dept. DETAILS Z BY �»D 0 NO. REVISION BY DATE AP e5 fb'�'�' x 2 W D- 3497 1